S T A T E   O F   N E W   Y O R K
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                                 7934--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              June 1, 2015
                               ___________

Introduced  by  M. of A. SIMON, HOOPER -- Multi-Sponsored by -- M. of A.
  GALEF, LAWRENCE -- read once and referred to the Committee  on  Insur-
  ance  --  committee  discharged,  bill  amended,  ordered reprinted as
  amended and recommitted to said committee

AN ACT to amend the vehicle and traffic law and the  insurance  law,  in
  relation to owner's policy of liability insurance

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

  Section 1. Paragraph (a) of subdivision 4 of section 311 of the  vehi-
cle  and  traffic law, as amended by chapter 305 of the laws of 1995, is
amended to read as follows:
  (a) Affording coverage as defined in the minimum provisions prescribed
in a regulation which shall be  promulgated  by  the  superintendent  at
least  ninety  days prior to effective date of this act. The superinten-
dent before promulgating such  regulations  or  any  amendment  thereof,
shall  consult  with all insurers licensed to write automobile liability
insurance in this state and shall not prescribe minimum provisions which
fail to reflect the provisions of automobile liability  insurance  poli-
cies,  other than motor vehicle liability policies as defined in section
three hundred forty-five of this chapter, issued within  this  state  at
the  date of such regulation or amendment thereof.  Nothing contained in
such regulation or in this  article  shall  prohibit  any  insurer  from
affording  coverage  under an owner's policy of liability insurance more
liberal than that required by  said  minimum  provisions.    Every  such
owner's policy of liability insurance shall provide insurance subject to
said  regulation  against  loss  from  the  liability imposed by law for
damages, including damages for care and loss  of  services,  because  of
bodily  injury to or death of any person and injury to or destruction of
property arising out of the ownership, maintenance, use, or operation of
a specific motor vehicle or motor vehicles within the state of New York,
or elsewhere in the United States in North America or  the  Dominion  of

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11395-04-5
              

A. 7934--A                          2

Canada,  subject  to  a  limit,  exclusive  of  interest and costs, with
respect to each such motor vehicle except a tow truck, of  [twenty-five]
TWO  HUNDRED  thousand dollars because of bodily injuries to and [fifty]
THREE HUNDRED thousand dollars because of death of one person in any one
accident  and,  subject  to  said  limit  for  one person, to a limit of
[fifty] THREE HUNDRED thousand dollars because of bodily injury  to  and
[one]  FOUR  hundred  thousand  dollars  because of death of two or more
persons in any one accident, and to a limit of [ten]  TWENTY-FIVE  thou-
sand  dollars  because of injury to or destruction of property of others
in any one accident provided, however, that such policy need not be  for
a  period  coterminous  with  the  registration  period  of  the vehicle
insured. The limit, exclusive of interest and costs, with respect  to  a
tow  truck  shall  be  a combined single limit of at least three hundred
thousand dollars because of bodily  injury  or  death  to  one  or  more
persons or because of injury or destruction of property of others in any
one  accident, and to a limit of twenty-five thousand dollars because of
damage to a vehicle in the care, custody and control of the insured. Any
insurer authorized to issue an owner's policy of liability insurance  as
provided  for  in  this article may, pending the issue of such a policy,
make an agreement, to be known as a binder, or may, in lieu  of  such  a
policy,  issue a renewal endorsement or evidence of renewal of an exist-
ing policy; each of which shall be construed  to  provide  indemnity  or
protection  in  like manner and to the same extent as such a policy. The
provisions of this article shall apply to such binders, renewal endorse-
ments or evidences of renewal. Every such policy issued insuring private
passenger vehicles and every renewal  policy,  renewal  endorsement,  or
other  evidence  of  renewal issued shall have attached thereto a rating
information form which clearly specifies and defines the rating  classi-
fication  assigned  thereto, including any applicable merit rating plan;
and
  S 2. Subsection (a) of section 5210 of the insurance law,  as  amended
by chapter 305 of the laws of 1995, is amended to read as follows:
  (a) When any qualified person who has complied with all the applicable
requirements  of  this  article  recovers  a  final  judgment in a court
against a financially irresponsible motorist, for injury  to,  or  death
of,  any  person arising out of the ownership, maintenance or use of the
uninsured motor vehicle in this state, which  remains  unpaid,  and  all
appeals have been concluded or the time for commencing them has expired,
the judgment creditor may file a verified petition in the court in which
the  judgment  was  entered  and,  upon  ten days' written notice to the
corporation apply to the court for an order  directing  payment  by  the
corporation  of the amount unpaid on the judgment.  However, there shall
be no right of recovery by a covered person  from  the  corporation  for
non-economic  loss  unless such person has incurred a serious injury, as
such terms are defined in section five thousand one hundred two of  this
chapter.    Such  judgment  exclusive  of  interest  and costs shall not
exceed:
  (1) [twenty-five] TWO HUNDRED thousand dollars on account of injury to
one person in any one accident, and
  (2) [fifty] THREE HUNDRED thousand dollars on account of death to  one
person in any one accident, and
  (3)  [fifty]  THREE  HUNDRED  thousand dollars on account of injury to
more than one person in any one accident subject to the limit of  [twen-
ty-five] TWO HUNDRED thousand dollars for any one person, and

A. 7934--A                          3

  (4)  [one]  FOUR  hundred thousand dollars on account of death to more
than one person in any one accident subject  to  the  limit  of  [fifty]
THREE HUNDRED thousand dollars for any one person.
  S 3. This act shall take effect immediately.