Senate Bill S2373

2013-2014 Legislative Session

Enacts provisions to reduce the incidence of motor vehicle insurance fraud

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

Do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.
Actions
Votes

Bill Amendments

co-Sponsors

2013-S2373 - Details

See Assembly Version of this Bill:
A8915
Current Committee:
Assembly Insurance
Law Section:
Insurance Law
Laws Affected:
Amd §§401, 405 & 2133, Ins L; amd §§170.10, 170.15, 176.05 & 176.15, add §175.50, Pen L; add §201-a, amd §§401 & 502, rpld §502 sub 1, V & T L
Versions Introduced in Other Legislative Sessions:
2011-2012: S4847, A10698
2015-2016: S1146, A3396
2017-2018: S3665, A7481

2013-S2373 - Summary

Grants the superintendent of financial services authority to investigate fraudulent activities, such as motor vehicle operators who drive with no insurance coverage, and those who misrepresent their principal place of residence or where their motor vehicle is principally garaged and operated; authorizes such superintendent to accept reports of suspected fraudulent insurance actions; requires insurance companies and self-insurers to report incidents of insurance fraud to the department of financial services; includes within the class D felony of forgery in the second degree, the forgery of a certificate of insurance or an insurance identification card

2013-S2373 - Sponsor Memo

2013-S2373 - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2373

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 16, 2013
                               ___________

Introduced  by  Sens. KLEIN, CARLUCCI, SAVINO, SQUADRON, VALESKY -- read
  twice and ordered printed, and when printed to  be  committed  to  the
  Committee on Insurance

AN  ACT  to  amend the insurance law, the penal law, and the vehicle and
  traffic law, in relation to insurance fraud; and to repeal subdivision
  1 of section 502 of the vehicle and traffic law relating  to  applica-
  tions for licenses

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 401 of the insurance law is amended by adding a new
subsection (d) to read as follows:
  (D) THE SUPERINTENDENT SHALL HAVE BROAD  AUTHORITY  PURSUANT  TO  THIS
CHAPTER  TO INVESTIGATE FRAUDULENT ACTIVITIES WITH REGARD TO MOTOR VEHI-
CLE DRIVERS THAT OPERATE AUTOMOBILES WITH  NO  INSURANCE  COVERAGE,  AND
MOTOR  VEHICLE  INSUREDS  WHO  MISREPRESENT  THE  PRINCIPAL  PLACE WHERE
INSURED MOTOR VEHICLES ARE GARAGED AND OPERATED. OPERATING  MOTOR  VEHI-
CLES WITHOUT PROPER INSURANCE IN VIOLATION OF ARTICLE SIX OF THE VEHICLE
AND  TRAFFIC  LAW  IS A SIGNIFICANT DANGER TO THE PUBLIC BECAUSE DRIVERS
ARE UNABLE TO COMPENSATE INDIVIDUALS FOR PERSONAL  INJURIES,  DEATH  AND
PROPERTY  DAMAGE  THEY  INFLICT UPON OTHERS.  FURTHERMORE, MOTOR VEHICLE
INSUREDS WHO MISREPRESENT THE PRINCIPAL PLACE WHERE  SUCH  VEHICLES  ARE
GARAGED  AND  OPERATED  IMPROPERLY  SHIFT  THEIR HIGH LIABILITY EXPOSURE
COSTS TO OTHER MOTOR VEHICLE INSUREDS THAT DO NOT FACE SUCH HIGH LIABIL-
ITY RISK AND INSURANCE PREMIUM COSTS.
  S 2. Subsection (a) of section 405 of the insurance law, as amended by
section 7 of part A of chapter 62 of the laws of  2011,  is  amended  to
read as follows:
  (a)  Any  person  licensed or registered pursuant to the provisions of
this chapter, and any person engaged in the  business  of  insurance  or
life  settlement  in this state who is exempted from compliance with the
licensing requirements of this chapter, including  the  state  insurance

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04456-02-3
              

co-Sponsors

2013-S2373A (ACTIVE) - Details

See Assembly Version of this Bill:
A8915
Current Committee:
Assembly Insurance
Law Section:
Insurance Law
Laws Affected:
Amd §§401, 405 & 2133, Ins L; amd §§170.10, 170.15, 176.05 & 176.15, add §175.50, Pen L; add §201-a, amd §§401 & 502, rpld §502 sub 1, V & T L
Versions Introduced in Other Legislative Sessions:
2011-2012: S4847, A10698
2015-2016: S1146, A3396
2017-2018: S3665, A7481

2013-S2373A (ACTIVE) - Summary

Grants the superintendent of financial services authority to investigate fraudulent activities, such as motor vehicle operators who drive with no insurance coverage, and those who misrepresent their principal place of residence or where their motor vehicle is principally garaged and operated; authorizes such superintendent to accept reports of suspected fraudulent insurance actions; requires insurance companies and self-insurers to report incidents of insurance fraud to the department of financial services; includes within the class D felony of forgery in the second degree, the forgery of a certificate of insurance or an insurance identification card

2013-S2373A (ACTIVE) - Sponsor Memo

2013-S2373A (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 2373--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 16, 2013
                               ___________

Introduced  by Sens. KLEIN, AVELLA, CARLUCCI, O'BRIEN, SAVINO, SQUADRON,
  STAVISKY, VALESKY -- read twice and ordered printed, and when  printed
  to  be  committed  to the Committee on Insurance -- recommitted to the
  Committee on Insurance in accordance with Senate Rule  6,  sec.  8  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee

AN ACT to amend the insurance law, the penal law, and  the  vehicle  and
  traffic law, in relation to insurance fraud; and to repeal subdivision
  1  of  section 502 of the vehicle and traffic law relating to applica-
  tions for licenses

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 401 of the insurance law is amended by adding a new
subsection (d) to read as follows:
  (D)  THE  SUPERINTENDENT  SHALL  HAVE BROAD AUTHORITY PURSUANT TO THIS
CHAPTER TO INVESTIGATE FRAUDULENT ACTIVITIES WITH REGARD TO  INDIVIDUALS
THAT  OPERATE MOTOR VEHICLES WITH NO INSURANCE COVERAGE, AND MOTOR VEHI-
CLE INSUREDS WHO MISREPRESENT THE PRINCIPAL PLACE  WHERE  INSURED  MOTOR
VEHICLES  ARE  GARAGED  AND  OPERATED.  OPERATING MOTOR VEHICLES WITHOUT
PROPER INSURANCE IN VIOLATION OF ARTICLE SIX OF THE VEHICLE AND  TRAFFIC
LAW  IS A SIGNIFICANT DANGER TO THE PUBLIC BECAUSE DRIVERS ARE UNABLE TO
COMPENSATE INDIVIDUALS FOR PERSONAL INJURIES, DEATH AND PROPERTY  DAMAGE
THEY  INFLICT  UPON  OTHERS.    FURTHERMORE,  MOTOR VEHICLE INSUREDS WHO
MISREPRESENT THE PRINCIPAL PLACE WHERE SUCH  VEHICLES  ARE  GARAGED  AND
OPERATED  IMPROPERLY  SHIFT THEIR HIGH LIABILITY EXPOSURE COSTS TO OTHER
MOTOR VEHICLE INSUREDS THAT DO NOT FACE SUCH  HIGH  LIABILITY  RISK  AND
INSURANCE PREMIUM COSTS.
  S 2. Subsection (a) of section 405 of the insurance law, as amended by
section  7  of  part  A of chapter 62 of the laws of 2011, is amended to
read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04456-06-4

              

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.