Senate Bill S5239

2017-2018 Legislative Session

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

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Judiciary 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

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.
Actions

co-Sponsors

2017-S5239 (ACTIVE) - Details

See Assembly Version of this Bill:
A5329
Current Committee:
Senate Judiciary
Law Section:
General Obligations Law
Laws Affected:
Amd §5-322.1, Gen Ob L
Versions Introduced in Other Legislative Sessions:
2013-2014: S6606, A8747
2015-2016: S2925, A4259
2019-2020: S2393, A3551
2021-2022: S1498, A5768

2017-S5239 (ACTIVE) - Summary

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

2017-S5239 (ACTIVE) - Sponsor Memo

2017-S5239 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5239
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              March 16, 2017
                                ___________
 
 Introduced  by  Sen.  DeFRANCISCO -- read twice and ordered printed, and
   when printed to be committed 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
 arising out of bodily injury to persons or damage to property caused  by
 or  resulting  from  the  negligence of a party other than the promisee,
 whether or not the promisor is partially negligent.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00258-01-7

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. 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.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.