Senate Bill S2796

2023-2024 Legislative Session

Relates to medical malpractice excess line insurance

download bill text pdf

Sponsored By

Current Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2023-S2796 (ACTIVE) - Details

See Assembly Version of this Bill:
A4597
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
2019-2020: S1603, A157
2021-2022: S714, A996

2023-S2796 (ACTIVE) - Summary

Relates to medical malpractice excess line insurance.

2023-S2796 (ACTIVE) - Sponsor Memo

2023-S2796 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2796
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 24, 2023
                                ___________
 
 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
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   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-
 er.
   (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.
                                                            LBD06681-01-3
              

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