senate Bill S422

2017-2018 Legislative Session

Relates to medical malpractice excess line insurance

download bill text pdf

Sponsored By

Current Bill Status - In Senate Insurance Committee

  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

Your Voice

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.


view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 03, 2018 referred to insurance
Jan 04, 2017 referred to insurance


S422 - Details

See Assembly Version of this Bill:
Law Section:
Insurance Law
Laws Affected:
Amd §2118, Ins L
Versions Introduced in 2015-2016 Legislative Session:
S7339, A10579

S422 - Summary

Relates to medical malpractice excess line insurance.

S422 - Sponsor Memo

S422 - Bill Text download pdf

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


                       2017-2018 Regular Sessions

                            I N  S E N A T E


                             January 4, 2017

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


  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-
  (B) In connection with the placement of any other kind of insurance, a
declination from the appropriate association, or from an insurer  pursu-

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


Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the domain are not permitted, and will not be published. 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.