S T A T E O F N E W Y O R K
________________________________________________________________________
7895
2019-2020 Regular Sessions
I N A S S E M B L Y
May 28, 2019
___________
Introduced by M. of A. CRESPO -- read once and referred to the Committee
on Insurance
AN ACT to amend the insurance law, in relation to insurance rates,
rating plans, rating rules and rate manuals for livery drivers
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 2328 of the insurance law, as amended by chapter 69
of the laws of 2017, is amended to read as follows:
§ 2328. Certain motor vehicle insurance rates; prior approval. (A)
For the periods February first, nineteen hundred seventy-four through
August second, two thousand one, and the effective date of the
property/casualty insurance availability act through June thirtieth, two
thousand twenty, no changes in rates, rating plans, rating rules and
rate manuals applicable to motor vehicle insurance, including no-fault
coverages under article fifty-one of this chapter, shall be made effec-
tive until approved by the superintendent, notwithstanding any incon-
sistent provisions of this article; provided, however, that changes in
such rates, rating plans, rating rules and rate manuals may be made
effective without such approval if the rates that result from such
changes are no higher than the insurer's rates last approved by the
superintendent. This section shall apply only to policies covering loss-
es or liabilities arising out of ownership of a motor vehicle used prin-
cipally for the transportation of persons for hire, including a bus or a
school bus as defined in sections one hundred four and one hundred
forty-two of the vehicle and traffic law.
(B) NO INSURANCE RATE, RATING PLAN, RATING RULE OR RATE MANUAL APPLI-
CABLE TO A LIVERY DRIVER, AS DEFINED UNDER SUBDIVISION SEVEN OF SECTION
ONE HUNDRED SIXTY-AAA OF THE EXECUTIVE LAW, WHICH EXCEEDS MORE THAN
TWENTY PERCENT OF THE AMOUNT OF AN INSURANCE RATE, RATING PLAN, RATING
RULE OR RATE MANUAL APPLICABLE TO AN OTHERWISE SUBSTANTIALLY EQUIVALENT
BLACK CAR OPERATOR, AS DEFINED UNDER SUBDIVISION ONE OF SECTION ONE
HUNDRED SIXTY-CC OF THE EXECUTIVE LAW, SHALL BE APPROVED BY THE SUPER-
INTENDENT.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11793-01-9