Senate Bill S5889

Signed By Governor
2023-2024 Legislative Session

Provides that an automobile insurer may waive the inspection of a private passenger automobile prior to providing physical damage coverage

download bill text pdf

Sponsored By

Current Bill Status Via A3172 - Signed by Governor


  • 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-S5889 (ACTIVE) - Details

See Assembly Version of this Bill:
A3172
Law Section:
Insurance Law
Laws Affected:
Amd §3411, Ins L
Versions Introduced in Other Legislative Sessions:
2009-2010: S1039, A10171
2011-2012: S2496, A2931
2013-2014: S4047, A1305
2015-2016: S4629, A1995
2017-2018: S5768, A1312
2019-2020: S801, A2809
2021-2022: S4312, A4199

2023-S5889 (ACTIVE) - Summary

Provides that an automobile insurer may waive the inspection of a private passenger automobile prior to providing physical damage coverage.

2023-S5889 (ACTIVE) - Sponsor Memo

2023-S5889 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5889
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              March 21, 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 inspections of private
   passenger automobiles prior to the provision of coverage for  physical
   damage  thereto;  and providing for the repeal of such provisions upon
   expiration thereof
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  section  heading and subsections (d), (g) and (m) of
 section 3411 of the insurance law are amended to read as follows:
   Automobile physical damage insurance covering private passenger  auto-
 mobiles; standard provisions; [required] inspections; duties of insurers
 and insureds.
   (d)  A  newly  issued policy shall not provide coverage for automobile
 physical damage perils prior to an inspection of the automobile  by  the
 insurer,  UNLESS  THE  INSURER  HAS  WAIVED THE RIGHT TO SUCH INSPECTION
 PURSUANT TO A STATEMENT OF OPERATION FILED WITH THE  SUPERINTENDENT.  IN
 ITS  STATEMENT  OF  OPERATION, AN INSURER MAY WAIVE THE RIGHT TO INSPECT
 SOME OR ALL AUTOMOBILES. EVERY STATEMENT OF OPERATION SHALL TAKE  EFFECT
 UPON  ITS FILING WITH THE SUPERINTENDENT AND MAY COVER SOME OR ALL AUTO-
 MOBILES.
   (g) If an automobile subject to the  provisions  of  this  section  is
 acquired  by the insured as a replacement for or an addition to an auto-
 mobile insured for physical damage coverage, and  the  insured  requests
 physical  damage  coverage for the replacement or additional automobile,
 such coverage for physical damage shall not  be  effective  before  such
 inspection  is  made, UNLESS THE INSURER HAS WAIVED THE RIGHT TO SUCH AN
 INSPECTION PURSUANT TO A STATEMENT OF OPERATION FILED  WITH  THE  SUPER-
 INTENDENT.   If, at the time of the request for such coverage, the auto-
 mobile is unavailable for inspection because of conditions  of  purchase
 or  other circumstances and is thereafter made available for inspection,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03446-04-3
              

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