Assembly Bill A31

2017-2018 Legislative Session

Requires motor vehicle liability insurance policies to include supplemental spousal liability coverage unless the insured declines such coverage in writing

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

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2017-A31 (ACTIVE) - Details

See Senate Version of this Bill:
S3141
Current Committee:
Assembly Insurance
Law Section:
Insurance Law
Laws Affected:
Amd §3420, Ins L
Versions Introduced in Other Legislative Sessions:
2011-2012: A10137, S7223
2013-2014: A1055, S1912
2015-2016: A2471, S1158, S6574
2019-2020: A205, S3065
2021-2022: A1029, S9367

2017-A31 (ACTIVE) - Summary

Requires motor vehicle liability insurance policies to include supplemental spousal liability coverage unless the insured declines such coverage in writing.

2017-A31 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    31
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 4, 2017
                                ___________
 
 Introduced by M. of A. CAHILL, JENNE, WALKER, RAIA, CASTORINA, MURRAY --
   read once and referred to the Committee on Insurance
 
 AN  ACT  to  amend  the  insurance  law, in relation to the provision of
   supplemental spousal liability insurance to persons  who  are  insured
   for  loss resulting from the ownership, maintenance and use of a motor
   vehicle
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subsection  (g)  of section 3420 of the insurance law, as
 amended by chapter 584 of the laws  of  2002,  is  amended  to  read  as
 follows:
   (g)  [No]  (1)  EXCEPT  AS OTHERWISE PROVIDED IN PARAGRAPH TWO OF THIS
 SUBSECTION, NO policy or contract shall be deemed to insure against  any
 liability  of  an  insured because of death of or injuries to his or her
 spouse or because of injury to, or destruction of property of his or her
 spouse  unless  express  provision  relating  specifically  thereto   is
 included  in  the  policy [as provided in paragraphs one and two of this
 subsection]. This exclusion shall apply only where the  injured  spouse,
 to  be  entitled  to  recover,  must  prove  the culpable conduct of the
 insured spouse.
   [(1) Upon written request of an insured, and upon payment of a reason-
 able premium established in accordance with article twenty-three of this
 chapter, an] (2) (A) EVERY insurer issuing or delivering any policy that
 satisfies the requirements of article six of the vehicle and traffic law
 shall provide coverage IN SUCH POLICY against liability  of  an  insured
 because of death of or injuries to his or her spouse up to the liability
 insurance  limits  provided  under  such  policy  even where the injured
 spouse, to be entitled to recover, must prove the  culpable  conduct  of
 the  insured  spouse,  UNLESS THE INSURED ELECTS, IN WRITING AND IN SUCH
 FORM AS THE SUPERINTENDENT DETERMINES, TO DECLINE AND REFUSE SUCH COVER-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

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