S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9764
 
                           I N  A S S E M B L Y
 
                             February 10, 2020
                                ___________
 
 Introduced  by  M. of A. COOK -- read once and referred to the Committee
   on Insurance
 
 AN ACT to amend the insurance law, in relation to commuter  van  classi-
   fication review
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The insurance law is amended by adding a new section 344 to
 read as follows:
   § 344. COMMUTER VAN CLASSIFICATION REVIEW. (A)  FOR  THE  PURPOSES  OF
 THIS SECTION:
   (1) "COMMUTER VAN" SHALL HAVE THE SAME MEANING AS SUCH TERM IS DEFINED
 IN SECTION 19-502 OF THE ADMINISTRATIVE CODE OF THE CITY OF NEW YORK.
   (2)  "ASSIGNED  RISK  PLAN"  OR "PLAN" SHALL MEAN THE PLAN ESTABLISHED
 PURSUANT TO ARTICLE FIFTY-THREE OF THIS CHAPTER.
   (B) THE SUPERINTENDENT SHALL CONDUCT A REVIEW  OF  THE  CLASSIFICATION
 USED  BY AUTHORIZED INSURERS IN THIS STATE ISSUING AUTO INSURANCE COVER-
 AGE FOR COMMUTER VANS, INCLUDING COVERAGE IN  THE  ASSIGNED  RISK  PLAN.
 THIS  REVIEW  SHALL  INCLUDE DETERMINATIONS OF WHETHER COMMUTER VANS ARE
 PROPERLY CLASSIFIED, INCLUDING A REVIEW OF:
   (1) WHETHER THE ASSUMED RISKS USED IN THE CALCULATION OF PREMIUMS  FOR
 COMMUTER VANS BY AUTHORIZED INSURERS ARE APPROPRIATE;
   (2) WHETHER THE CURRENT CLASSIFICATION AND RISK ASSESSMENT OF COMMUTER
 VANS  BY  AUTHORIZED  INSURERS IS THE MOST COST EFFECTIVE CLASSIFICATION
 BASED ON THE ASSUMED RISKS, IF ANOTHER CLASSIFICATION COULD BE MORE COST
 EFFECTIVE, AND A DETAILED ANALYSIS OF THE REASON OR   REASONS  FOR  SUCH
 DIFFERENCES IN COSTS AND THE AVERAGE AMOUNT OF DIFFERENCE IN COSTS; AND
   (3)  THE COST DIFFERENTIAL BETWEEN THE PREMIUM FOR BEING CLASSIFIED AS
 "OTHER BUSES" BY AUTHORIZED INSURERS, AND THE PREMIUM FOR BEING  CLASSI-
 FIED  AS  A COMMUTER VAN WHERE SUCH PREMIUM IS BASED SOLELY ON THE RISKS
 SPECIFIC TO COMMUTER VANS IN SUCH PLAN.
   (C) IF, AFTER REVIEW, THE  PREMIUM  FOR  BEING  CLASSIFIED  AS  "OTHER
 BUSES"  IS  GREATER  THAN THE PREMIUM FOR BEING CLASSIFIED AS A COMMUTER
 VAN, THE SUPERINTENDENT SHALL MAKE A  DETERMINATION  OF  WHETHER  A  NEW
 CLASSIFICATION  FOR  COMMUTER  VANS  SHOULD BE CREATED AND, IF SO, SHALL
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD15099-01-0

 A. 9764                             2
 
 REQUIRE AUTHORIZED INSURERS ISSUING  AUTO  INSURANCE  POLICIES  IN  THIS
 STATE,  INCLUDING POLICIES ISSUED THROUGH THE ASSIGNED RISK PLAN, TO USE
 SUCH CLASSIFICATION FOR COMMUTER VANS AT THE INCEPTION OF ALL NEW  POLI-
 CIES AND, WITH RESPECT TO ALL OTHER POLICIES, UPON RENEWAL.
   (D) THE SUPERINTENDENT SHALL CONDUCT AND COMPLETE THIS REVIEW AND MAKE
 ALL  REQUIRED DETERMINATIONS WITHIN NINETY DAYS AFTER THE EFFECTIVE DATE
 OF THIS SECTION. THE SUPERINTENDENT SHALL ALSO PROVIDE A REPORT  TO  THE
 GOVERNOR,  THE  TEMPORARY  PRESIDENT  OF  THE SENATE, THE SPEAKER OF THE
 ASSEMBLY, THE CHAIR OF THE ASSEMBLY INSURANCE COMMITTEE AND THE CHAIR OF
 THE SENATE INSURANCE COMMITTEE, OF THE DEPARTMENT'S FINDINGS AND  DETER-
 MINATIONS WITHIN SIXTY DAYS AFTER COMPLETING SUCH REVIEW.
   § 2. This act shall take effect immediately.