S T A T E O F N E W Y O R K
________________________________________________________________________
3076
2021-2022 Regular Sessions
I N A S S E M B L Y
January 22, 2021
___________
Introduced by M. of A. PRETLOW -- read once and referred to the Commit-
tee on Insurance
AN ACT to amend the insurance law, in relation to limits on certain
supplementary insurance
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subparagraph (A) of paragraph 2 of subsection (f) of
section 3420 of the insurance law, as amended by section 19 of part III
of chapter 59 of the laws of 2019, is amended to read as follows:
(A) Any such policy shall[, at the option of the insured,] also
provide supplementary uninsured/underinsured motorists insurance for
bodily injury, in an amount [up to] NO LESS THAN the bodily injury
liability insurance limits of coverage provided under such policy,
subject to a maximum of two hundred fifty thousand dollars because of
bodily injury to or death of one person in any one accident and, subject
to such limit for one person, up to five hundred thousand dollars
because of bodily injury to or death of two or more persons in any one
accident, or a combined single limit policy of five hundred thousand
dollars because of bodily injury to or death of one or more persons in
any one accident; and any such policy insuring against loss resulting
from liability imposed by law for bodily injury or death suffered by any
natural person arising out of the ownership, maintenance, and use of an
altered motor vehicle commonly referred to as a "stretch limousine"
having a seating capacity of eight or more passengers used in the busi-
ness of carrying or transporting passengers for hire, shall provide
supplementary uninsured/underinsured motorists insurance for bodily
injury, in an amount of a combined single limit of one million five
hundred thousand dollars because of bodily injury or death of one or
more persons in any one accident. Provided however, [an] ANY insurer
issuing any such policy, except a policy insuring against loss resulting
from liability imposed by law for bodily injury or death suffered by any
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00342-01-1
A. 3076 2
natural person arising out of the ownership, maintenance, and use of an
altered motor vehicle commonly referred to as a "stretch limousine"
having a seating capacity of eight or more passengers used in the busi-
ness of carrying or transporting passengers for hire, in lieu of offer-
ing to the insured the coverages stated above, [may] SHALL provide
supplementary uninsured/underinsured motorists insurance for bodily
injury, in an amount [up to] NO LESS THAN the bodily injury liability
insurance limits of coverage provided under such policy, subject to a
maximum of one hundred thousand dollars because of bodily injury to or
death of one person in any one accident and, subject to such limit for
one person, up to three hundred thousand dollars because of bodily inju-
ry to or death of two or more persons in any one accident, or a combined
single limit policy of three hundred thousand dollars because of bodily
injury to or death of one or more persons in any one accident, if such
insurer also makes available a personal umbrella policy with liability
AND SUPPLEMENTARY UNINSURED/UNDERINSURED MOTORISTS INSURANCE coverage
limits up to at least five hundred thousand dollars [which also provides
coverage for supplementary uninsured/underinsured motorists claims].
Supplementary uninsured/underinsured motorists insurance shall provide
coverage, in any state or Canadian province, if the limits of liability
under all bodily injury liability bonds and insurance policies of anoth-
er motor vehicle liable for damages are in a lesser amount than the
bodily injury liability insurance limits of coverage provided by such
policy. Upon written request by any insured covered by supplemental
uninsured/underinsured motorists insurance or his duly authorized repre-
sentative and upon disclosure by the insured of the insured's bodily
injury and supplemental uninsured/underinsured motorists insurance
coverage limits, the insurer of any other owner or operator of another
motor vehicle against which a claim has been made for damages to the
insured shall disclose, within forty-five days of the request, the bodi-
ly injury liability insurance limits of its coverage provided under the
policy or all bodily injury liability bonds. The time of the insured to
make any supplementary uninsured/underinsured motorist claim, shall be
tolled during the period the insurer of any other owner or operator of
another motor vehicle that may be liable for damages to the insured,
fails to so disclose its coverage. As a condition precedent to the obli-
gation of the insurer to pay under the supplementary
uninsured/underinsured motorists insurance coverage, the limits of
liability of all bodily injury liability bonds or insurance policies
applicable at the time of the accident shall be exhausted by payment of
judgments or settlements.
§ 2. This act shall take effect on the thirtieth day after it shall
have become a law, and shall apply to insurance policies and contracts
issued, entered into or renewed on and after such effective date.