Senate Bill S7339

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

                                  7339

                            I N  S E N A T E

                             April 18, 2016
                               ___________

Introduced  by  Sen.  SEWARD -- read twice and ordered printed, and when
  printed to be committed to the Committee on Insurance

AN ACT to amend the insurance law, in relation to excess  line  coverage
  for certain medical malpractice insurance

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

  Section 1. Subsection (e) of section 2118 of  the  insurance  law,  as
added  by chapter 684 of the laws of 1993, subparagraph (A) of paragraph
2 as amended by chapter 587 of the laws of  2002,  subparagraph  (C)  of
paragraph 2 as amended by chapter 498 of the laws of 1996, is amended to
read as follows:
  (e)(1)  Except  as  provided  in  paragraph two of this subsection, no
licensee shall be required to obtain a declination from  an  association
established  pursuant  to article fifty-four or fifty-five of this chap-
ter, or to apply for insurance through a plan  established  pursuant  to
article  fifty-three of this chapter, as a condition of procuring insur-
ance pursuant to this section.
  (2) (A) Unless the licensee obtains a declination from the appropriate
association, or from an insurer pursuant to an application for  coverage
through a plan, no diligent effort shall be considered to have been made
if the insurance is available from the plan or association in connection
with the placement of:
  (i) a policy of non-commercial motor vehicle liability insurance; OR
  (ii) [medical malpractice insurance for a general hospital, as defined
in  subdivision  ten  of  section  two thousand eight hundred one of the
public health law, a physician or dentist; or
  (iii)] insurance which by law must be provided by an authorized insur-
er.
  (B) In connection with the placement of any other kind of insurance, a
declination from the appropriate association, or from an insurer  pursu-
ant  to  an  application  for coverage through a plan, shall be required
unless prior to the placement the insured has been advised of the avail-
ability of insurance from the plan or association.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15032-01-6
              

S. 7339                             2

  (C) The affirming broker shall provide written notice to  the  insured
that the placement was made with an unauthorized insurer. A copy of this
notice  shall be attached to the affirming broker's affidavit. The affi-
davits required by this section to be completed by the affirming  broker
shall  include a statement that the affirming broker advised the insured
in writing:
  (i) that the unauthorized insurer with which  the  coverage  is  being
placed  is  not authorized to do an insurance business in this state and
is not subject to supervision by this state;
  (ii) that in the event of the insolvency of the unauthorized  insurer,
losses will not be covered by any New York state insolvency fund;
  (iii)  that the policy may not be subject to all of the regulations of
the superintendent pertaining to policy forms; and
  (iv) such other information as the superintendent may, by  regulation,
require.
  S 2. This act shall take effect immediately.