senate Bill S1603

2019-2020 Legislative Session

Relates to medical malpractice excess line insurance

download bill text pdf

Sponsored By

Current Bill Status - Passed Senate

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

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view actions (7)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 22, 2019 referred to insurance
delivered to assembly
passed senate
May 15, 2019 advanced to third reading
May 14, 2019 2nd report cal.
May 13, 2019 1st report cal.663
Jan 15, 2019 referred to insurance

S1603 (ACTIVE) - Details

See Assembly Version of this Bill:
Current Committee:
Assembly Insurance
Law Section:
Insurance Law
Laws Affected:
Amd §2118, Ins L
Versions Introduced in Other Legislative Sessions:
2015-2016: S7339, A10579
2017-2018: S422, A29

S1603 (ACTIVE) - Summary

Relates to medical malpractice excess line insurance.

S1603 (ACTIVE) - Sponsor Memo

S1603 (ACTIVE) - Bill Text download pdf

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


                       2019-2020 Regular Sessions

                            I N  S E N A T E

                            January 15, 2019

Introduced  by  Sen. BRESLIN -- 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-
ant  to  an  application  for coverage through a plan, shall be required

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


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