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Senate Bill S2393

2019-2020 Legislative Session

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

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Archive: Last Bill Status - In Senate Committee Judiciary Committee

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2019-S2393 (ACTIVE) - Details

See Assembly Version of this Bill:
A3551
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
2017-2018: S5239, A5329
2021-2022: S1498, A5768

2019-S2393 (ACTIVE) - Summary

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

2019-S2393 (ACTIVE) - Sponsor Memo

2019-S2393 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2393
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 24, 2019
                                ___________
 
 Introduced  by  Sen. BRESLIN -- 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.
                                                            LBD00018-01-9

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