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Assembly Bill A4259

2015-2016 Legislative Session

Provides that provisions in construction contracts with respect to requirements for certain additional insurance coverage are void and unenforceable

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Archive: Last Bill Status - In Assembly Committee

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2015-A4259 (ACTIVE) - Details

See Senate Version of this Bill:
S2925
Current Committee:
Assembly Judiciary
Law Section:
General Obligations Law
Laws Affected:
Amd ยง5-322.1, Gen Ob L
Versions Introduced in Other Legislative Sessions:
2013-2014: A8747, S6606
2017-2018: A5329, S5239
2019-2020: A3551, S2393
2021-2022: A5768, S1498

2015-A4259 (ACTIVE) - Summary

Provides that provisions in construction contracts with respect to requirements for certain additional insurance coverage are void and unenforceable.

2015-A4259 (ACTIVE) - Bill Text download pdf 

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

    S. 2925                                                  A. 4259

                       2015-2016 Regular Sessions

                      S E N A T E - A S S E M B L Y

                            January 30, 2015
                               ___________

IN  SENATE  --  Introduced by Sen. DeFRANCISCO -- read twice and ordered
  printed, and when printed to be committed to the Committee on  Judici-
  ary

IN  ASSEMBLY -- Introduced by M. of A. CUSICK, ABINANTI -- read once and
  referred to the Committee on Judiciary

AN ACT to amend the general obligations law, in relation to the invalid-
  ity of additional insurance provisions

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

  Section 1. Subdivision 1 of section 5-322.1 of the general obligations
law, as amended by chapter 67 of the laws of 1993, is amended to read as
follows:
  1.   A  covenant,  promise,  agreement  or  understanding  in,  or  in
connection with or collateral to a contract or agreement relative to the
construction, alteration, repair or maintenance of  a  building,  struc-
ture,  appurtenances  and  appliances  including  moving, demolition and
excavating connected therewith, purporting to indemnify or hold harmless
the promisee against liability for damage arising out of  bodily  injury
to  persons or damage to property contributed to, caused by or resulting
from the negligence of the promisee, his agents or employees, or  indem-
nitee, whether such negligence be in whole or in part, is against public
policy  and  is void and unenforceable; provided that this section shall
not affect the validity of any insurance contract, workers' compensation
agreement or other agreement issued by  an  admitted  insurer;  PROVIDED
FURTHER,  THAT  A PROVISION IN A CONSTRUCTION CONTRACT THAT REQUIRES THE
PURCHASE OF ADDITIONAL INSURED COVERAGE, OR ANY COVERAGE ENDORSEMENT, OR
PROVISION WITHIN AN INSURANCE POLICY PROVIDING ADDITIONAL INSURED COVER-
AGE, IS VOID AND UNENFORCEABLE TO THE EXTENT THAT IT REQUIRES  COVERAGE,
THE  SCOPE  OF WHICH IS PROHIBITED UNDER THIS SUBDIVISION. This subdivi-
sion shall not preclude a promisee requiring indemnification for damages

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07513-01-5

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