S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    439
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2023
                                ___________
 
 Introduced  by Sens. SKOUFIS, KRUEGER -- read twice and ordered printed,
   and when printed to be committed to the Committee on Insurance
 
 AN ACT to amend the insurance law and the vehicle and  traffic  law,  in
   relation to supplementary uninsured and underinsured motorist coverage
   for police agencies
 
   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 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 business of carrying  or  trans-
 porting    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  insurer issuing any such policy,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD02192-01-3
 S. 439                              2
 
 except a 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 business of carrying  or  trans-
 porting  passengers  for  hire,  in  lieu of offering to the insured the
 coverages stated above, may provide supplementary uninsured/underinsured
 motorists insurance for bodily injury, in an amount  up  to  the  bodily
 injury  liability insurance limits of coverage provided under such poli-
 cy, 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 injury 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 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 another 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.   AS USED IN THIS SUBSECTION, "MOTOR VEHICLE"
 SHALL INCLUDE FIRE VEHICLES, AS DEFINED IN SECTION ONE HUNDRED FIFTEEN-A
 OF THE VEHICLE AND TRAFFIC LAW,  AND  POLICE  VEHICLES,  AS  DEFINED  IN
 SECTION ONE HUNDRED THIRTY-TWO-A OF THE VEHICLE AND TRAFFIC LAW.
   §  2.  Paragraph  5 of subsection (f) of section 3420 of the insurance
 law, as amended by chapter 11 of the laws of 2013, is amended to read as
 follows:
   (5) This paragraph shall apply to  SELF-INSURANCE  OR  a  policy  that
 provides  supplementary uninsured/underinsured motorist insurance cover-
 age for bodily injury and is a policy: (A) issued or delivered  in  this
 state that insures against liability arising out of the ownership, main-
 tenance,  and  use  of a fire vehicle, as defined in section one hundred
 fifteen-a of the vehicle and traffic law,  where  the  fire  vehicle  is
 principally  garaged  or  used  in  this  state, OR A POLICE VEHICLE, AS
 DEFINED IN SECTION ONE HUNDRED THIRTY-TWO-A OF THE VEHICLE  AND  TRAFFIC
 S. 439                              3
 
 LAW;  or  (B)  as  specified in paragraph one of this subsection.  Every
 such policy that insures a fire department, fire company, as defined  in
 section  one hundred of the general municipal law, an ambulance service,
 [or] a voluntary ambulance service, as defined in section three thousand
 one  of the public health law, OR A POLICE AGENCY, AS DEFINED IN SECTION
 EIGHT HUNDRED THIRTY-FIVE OF  THE  EXECUTIVE  LAW,  shall  provide  such
 supplementary uninsured/underinsured motorist insurance coverage NO LESS
 THAN  THE  BODILY INJURY LIABILITY INSURANCE LIMITS OF COVERAGE PROVIDED
 UNDER SUCH POLICY to an individual employed by or who is a member of the
 fire department, fire company, ambulance service, [or]  voluntary  ambu-
 lance  service,  OR  POLICE AGENCY and who is injured by an uninsured or
 underinsured motor vehicle while acting in the scope of the individual's
 duties for the fire department, fire company,  ambulance  service,  [or]
 voluntary  ambulance service, OR POLICE AGENCY covered under the policy,
 except with respect to the use or operation by such an individual  of  a
 motor vehicle not covered under the policy.
   §  3.  Subdivision 2 of section 388 of the vehicle and traffic law, as
 amended by chapter 608 of the laws  of  1960,  is  amended  to  read  as
 follows:
   2.  As  used  in  this  section, "vehicle" means a "motor vehicle", as
 defined in section one hundred twenty-five of this chapter, except  fire
 and  police  vehicles,  self-propelled combines, self-propelled corn and
 hay harvesting machines and tractors used exclusively  for  agricultural
 purposes,  and shall also include "semitrailer" and "trailer" as defined
 in article one of this chapter, whether or not such vehicles are used or
 operated upon a public highway; PROVIDED, HOWEVER, THAT FOR PURPOSES  OF
 PARAGRAPH  TWO OF SUBDIVISION (F) OF SECTION THREE THOUSAND FOUR HUNDRED
 TWENTY OF THE INSURANCE LAW, THE TERM "MOTOR VEHICLE" SHALL INCLUDE FIRE
 VEHICLES, AS DEFINED IN SECTION ONE HUNDRED FIFTEEN-A OF  THIS  CHAPTER,
 AND  POLICE  VEHICLES, AS DEFINED IN SECTION ONE HUNDRED THIRTY-TWO-A OF
 THIS CHAPTER. For the purpose of this section, self-propelled  caterpil-
 lar or crawler-type equipment while being operated on the contract site,
 shall not be defined as motor vehicles.
   §  4.  This act shall take effect immediately and shall apply to poli-
 cies and contracts issued, renewed, modified, altered or amended  on  or
 after such effective date.