senate Bill S9367

2021-2022 Legislative Session

Requires motor vehicle liability insurance policies to include supplemental spousal liability coverage unless the insured declines such coverage in writing

download bill text pdf

Sponsored By

Current Bill Status Via A1029 - Passed Senate & Assembly


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

Your Voice

do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

view actions (10)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 01, 2022 returned to assembly
passed senate
3rd reading cal.1724
substituted for s9367
Jun 01, 2022 substituted by a1029
vote reconsidered - restored to third reading
passed senate
May 31, 2022 ordered to third reading cal.1724
committee discharged and committed to rules
May 20, 2022 referred to insurance

Co-Sponsors

S9367 (ACTIVE) - Details

See Assembly Version of this Bill:
A1029
Law Section:
Insurance Law
Laws Affected:
Amd §3420, Ins L
Versions Introduced in Other Legislative Sessions:
2011-2012: S7223, A10137
2013-2014: S1912, A1055
2015-2016: S1158, S6574, A2471
2017-2018: S3141, A31
2019-2020: S3065, A205

S9367 (ACTIVE) - Summary

Requires motor vehicle liability insurance policies to include supplemental spousal liability coverage unless the insured declines such coverage in writing.

S9367 (ACTIVE) - Sponsor Memo

S9367 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9367
 
                             I N  S E N A T E
 
                               May 20, 2022
                                ___________
 
 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  the  provision  of
   supplemental  spousal  liability  insurance to persons who are insured
   for loss resulting from the ownership, maintenance and use of a  motor
   vehicle

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subsection (g) of section 3420 of  the  insurance  law,  as
 amended  by  chapter  584  of  the  laws  of 2002, is amended to read as
 follows:
   (g) [No] (1) EXCEPT AS OTHERWISE PROVIDED IN  PARAGRAPH  TWO  OF  THIS
 SUBSECTION,  NO policy or contract shall be deemed to insure against any
 liability of an insured because of death of or injuries to  his  or  her
 spouse or because of injury to, or destruction of property of his or her
 spouse   unless  express  provision  relating  specifically  thereto  is
 included in the policy [as provided in paragraphs one and  two  of  this
 subsection].  This  exclusion shall apply only where the injured spouse,
 to be entitled to recover,  must  prove  the  culpable  conduct  of  the
 insured spouse.
   [(1) Upon written request of an insured, and upon payment of a reason-
 able premium established in accordance with article twenty-three of this
 chapter, an] (2) (A) EVERY insurer issuing or delivering any policy that
 satisfies the requirements of article six of the vehicle and traffic law
 shall  provide  coverage  IN SUCH POLICY against liability of an insured
 because of death of or injuries to his or her spouse up to the liability
 insurance limits provided under  such  policy  even  where  the  injured
 spouse,  to  be  entitled to recover, must prove the culpable conduct of
 the insured spouse, UNLESS THE INSURED ELECTS, IN WRITING  AND  IN  SUCH
 FORM AS THE SUPERINTENDENT DETERMINES, TO DECLINE AND REFUSE SUCH COVER-
 AGE  IN  HIS  OR  HER  POLICY. Such insurance coverage shall be known as
 "supplemental spousal liability insurance".
   [(2)] (B) Upon issuance, RENEWAL  OR  AMENDMENT  of  a  motor  vehicle
 liability  policy  that satisfies the requirements of article six of the
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.