NY State Senate Bill 2023-S7748A

Current Bill Status - On Floor Calendar

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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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 08, 2024	advanced to third reading
May 07, 2024	2nd report cal.
May 06, 2024	1st report cal.883
Apr 29, 2024	print number 7748a
Apr 29, 2024	amend and recommit to insurance
Jan 03, 2024	referred to insurance
Nov 13, 2023	referred to rules

Votes

- May 6, 2024 - Insurance Committee Vote
  S7748A
  
  8
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Insurance Committee Vote: May 6, 2024
      
      aye (8)
      
      Addabbo Jr.
      
      Ashby
      
      Breslin
      
      Cooney
      
      Harckham
      
      Martinez
      
      Sanders Jr.
      
      Scarcella-Spanton
      
      aye wr (1)
      
      Helming
      
      excused (1)
      
      O'Mara

Bill Amendments

Original

A (Active)

co-Sponsors

2023-S7748 - Details

Law Section:: Insurance Law
Laws Affected:: Amd §3449, Ins L

2023-S7748 - Summary

Relates to wireless communications equipment protection plans offered for sale by wireless communication equipment vendors; defines terms; requires certain notices and consumer protections.

2023-S7748 - Sponsor Memo

                                 
BILL NUMBER: S7748

SPONSOR: BRESLIN
 
TITLE OF BILL:

An act to amend the insurance law, in relation to wireless communi-
cations equipment insurance

 
SUMMARY OF SPECIFIC PROVISIONS:

  Section 1. Amends Section 3449 of the insurance law, as added by chap-
ter 426 of the laws of 2005 setting out the parameters by which wireless
communication equipment plans can be offered and sold in New York State.

  Section 2. Effective Date

 
JUSTIFICATION:

Now  more than ever, New Yorkers rely upon wireless communication equip-
ment to operate their daily lives and remain connected to work,  family,
friends,  and emergency services. Given the reliance upon and cost asso-
ciated with these devices, New  Yorkers  need  access  to  comprehensive

protection  plans that ensure timely and full repairs or replacements of
their devices in the face of a loss,  mechanical  breakdown,  or  theft.
Currently  New  Yorkers must buy insurance, covering loss and theft, and
service contracts, covering mechanical breakdown and accidental damages,
separately to get full coverage. This legislation  brings  New  York  in
alignment  with  the  rest of the country by allowing companies to offer
New Yorkers a comprehensive and all-encompassing wireless  communication
equipment  protection plan, that includes all the benefits and coverages
of both an insurance policy and service contract component at one  clear
and  straightforward  price. This will allow for more options at time of
purchase and the comprehensive coverage New Yorkers seek.

 
PRIOR LEGISLATIVE HISTORY:

This is a new bill.

 
FISCAL IMPLICATIONS:

None to the state.

 
EFFECTIVE DATE:
This act shall take effect on the 180th day after it shall have become a
law.

2023-S7748 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7748
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             November 13, 2023
                                ___________
 
 Introduced  by  Sen. BRESLIN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the insurance law,  in  relation  to  wireless  communi-
   cations equipment insurance
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Section 3449 of the insurance law, as added by chapter  426
 of the laws of 2005, is amended to read as follows:
   §  3449.  Wireless communications equipment insurance policies. (a) In
 this [section, the term "policy] CHAPTER:
   (1) "POLICY of wireless communications equipment insurance"  means  an
 insurance policy covering the kind of insurance described in [subsection
 (1)] PARAGRAPH TWO OF SUBSECTION (D) of section two thousand one hundred
 thirty-one of this chapter.
   (2)  "WIRELESS  COMMUNICATION  EQUIPMENT  PROTECTION  PLAN"  MEANS  AN
 OPTIONAL PLAN OFFERED FOR SALE BY  A  WIRELESS  COMMUNICATION  EQUIPMENT
 VENDOR  LICENSED PURSUANT TO SECTION TWO THOUSAND ONE HUNDRED THIRTY-ONE
 OF THIS CHAPTER AND THE PLAN PROVIDES:
   (A) WIRELESS COMMUNICATIONS EQUIPMENT INSURANCE COVERING THE  WIRELESS
 COMMUNICATION  EQUIPMENT  UNDER  A  GROUP POLICY SUBJECT TO THIS SECTION
 WHERE THE WIRELESS COMMUNICATION EQUIPMENT VENDOR IS THE  GROUP  POLICY-
 HOLDER;
   (B)  A  SERVICE CONTRACT SUBJECT TO ARTICLE SEVENTY-NINE OF THIS CHAP-
 TER, PROVIDED THAT THE SERVICE CONTRACT PROVIDER OR ITS AFFILIATE  RECY-
 CLES,  REUSES,  OR  DISPOSES  THE  WIRELESS  COMMUNICATIONS EQUIPMENT IN
 ACCORDANCE WITH SECTION 27-2303 OF THE ENVIRONMENTAL  CONSERVATION  LAW,
 AS  ADDED  BY  CHAPTER  SEVEN HUNDRED THIRTY OF THE LAWS OF TWO THOUSAND
 SIX; AND
   (C) MAY INCLUDE ONE OR MORE OF THE FOLLOWING:
   (I) A WIRELESS COMMUNICATIONS EQUIPMENT UPGRADE PROGRAM, PROVIDED THAT
 THE PROGRAM RECYCLES, REUSES, OR DISPOSES  THE  WIRELESS  COMMUNICATIONS
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13527-01-3

 S. 7748                             2
 
 EQUIPMENT  IN  ACCORDANCE  WITH  SECTION  27-2303  OF  THE ENVIRONMENTAL
 CONSERVATION LAW AS ADDED BY CHAPTER SEVEN HUNDRED THIRTY OF THE LAWS OF
 TWO THOUSAND SIX;
   (II) TECHNICAL SUPPORT WITH RESPECT TO THE WIRELESS COMMUNICATION; AND
   (III)  ANY  OTHER SERVICES RELATED TO THE USE OF THE WIRELESS COMMUNI-
 CATIONS EQUIPMENT THAT THE SUPERINTENDENT DEEMS  TO  BE  MEANINGFUL  AND
 APPROPRIATE, IN ACCORDANCE WITH SUBSECTION (G) OF THIS SECTION.
   (3) "WIRELESS COMMUNICATION EQUIPMENT VENDOR" MEANS THE RETAIL SELLER,
 MANUFACTURER  OR  DISTRIBUTOR OF THE WIRELESS COMMUNICATION EQUIPMENT OR
 THE ENTITY PROVIDING THE TELECOMMUNICATIONS SERVICE.
   (b) (1) A GROUP POLICY, AND CERTIFICATES  ISSUED  THEREUNDER,  MAY  BE
 ISSUED ONLY BY AN AUTHORIZED INSURER.
   (2)  THE  GROUP POLICY MAY ONLY BE ISSUED TO A WIRELESS COMMUNICATIONS
 EQUIPMENT VENDOR LICENSED PURSUANT TO SECTION TWO THOUSAND  ONE  HUNDRED
 THIRTY-ONE OF THIS CHAPTER THAT SOLD OR MANUFACTURED THE WIRELESS COMMU-
 NICATION EQUIPMENT OR PROVIDES TELECOMMUNICATIONS SERVICE FOR THE EQUIP-
 MENT.
   (3)  THE GROUP POLICY MAY BE OFFERED ON A STAND-ALONE BASIS OR AS PART
 OF A WIRELESS COMMUNICATION EQUIPMENT PROTECTION PLAN.
   (C) WHERE THE GROUP POLICY IS PROVIDED AS PART OF A WIRELESS  COMMUNI-
 CATION  EQUIPMENT  PROTECTION  PLAN,  THE  PREMIUM FOR THE GROUP POLICY,
 INCLUDING CERTIFICATES, MAY BE PAID BY THE GROUP POLICYHOLDER FROM FUNDS
 CONTRIBUTED:
   (1) WHOLLY BY THE GROUP POLICYHOLDER;
   (2) WHOLLY BY THE GROUP MEMBERS; OR
   (3) JOINTLY BY THE GROUP POLICYHOLDER AND GROUP MEMBERS.
   (D) (1) A group policy, and certificates issued thereunder,  of  wire-
 less  communications  equipment  insurance  shall  not be subject to the
 provisions of section three thousand four hundred twenty-five  or  three
 thousand four hundred twenty-six of this article.
   (2)  An  insurer shall not terminate or otherwise change the terms and
 conditions of a group policy of wireless communications equipment insur-
 ance, and certificates issued  thereunder,  except  upon  providing  the
 policyholder and certificate holders with at least sixty days notice. If
 the  insurer  changes  the  terms and conditions, then the insurer shall
 provide the policyholder with a revised policy or endorsement  and  each
 certificate holder with a revised certificate or endorsement, an updated
 brochure or facsimile thereof and an explanation of the changes.
   (3)  Notwithstanding  paragraph two of this subsection, an insurer may
 terminate a certificate upon fifteen days notice for:
   (A) nonpayment of premium; or
   (B) discovery of fraud or material misrepresentation in obtaining  the
 certificate or in the presentation of a claim thereunder.
   (4)  Notwithstanding  paragraph two of this subsection, an insurer may
 automatically terminate a certificate if the certificate holder:
   (A) ceases to have active telecommunications service with the wireless
 communications equipment vendor; or
   (B) exhausts the aggregate limit  of  liability,  if  any,  under  the
 certificate  and  the insurer sends notice of termination to the certif-
 icate holder within fifteen business days after exhaustion of the limit.
 However, if notice is not timely sent, coverage shall continue  notwith-
 standing the aggregate limit of liability until the insurer sends notice
 of termination to the certificate holder.
   (5)  NOTWITHSTANDING  PARAGRAPH TWO OF THIS SUBSECTION, AN INSURER MAY
 AUTOMATICALLY TERMINATE A CERTIFICATE UPON  TERMINATION  OF  A  WIRELESS
 COMMUNICATION  EQUIPMENT  PROTECTION  PLAN PROGRAM WHEN THE INSURANCE IS
 S. 7748                             3
 
 PROVIDED AS PART OF SUCH A PLAN PROGRAM AND THE CERTIFICATE  HOLDER  HAD
 BEEN  PROVIDED  CLEAR  AND EXPRESS NOTICE IN THE PLAN DOCUMENTS WHEN THE
 PLAN WAS INITIALLY PURCHASED THAT THE INSURANCE WILL CEASE  UPON  TERMI-
 NATION  OF THE WIRELESS COMMUNICATION EQUIPMENT PROTECTION PLAN PROGRAM;
 HOWEVER, THE INSURER MAY GIVE  THE  CERTIFICATE  HOLDER  THE  OPTION  TO
 CONTINUE  THE WIRELESS COMMUNICATION INSURANCE COVERAGE ON AN INDIVIDUAL
 BASIS.
   (6) Notwithstanding the provisions of subparagraph  (B)  of  paragraph
 four  of  this subsection, upon the request of a certificate holder, the
 certificate holder's coverage shall be eligible  for  reinstatement  not
 more than twelve months following the date of exhaustion of the coverage
 limit  in  accordance  with  the  terms of the policy and subject to the
 enrollment criteria then applicable to prospective  certificate  holders
 generally.
   [(6)]  (7)  Where  the group policy is terminated by the policyholder,
 the policyholder shall mail or deliver written notice  to  each  certif-
 icate  holder  advising the certificate holder of the termination of the
 group policy and the effective date of termination. The  written  notice
 shall  be  mailed or delivered to the certificate holder at least thirty
 days prior to the termination.
   [(c)] (E) Whenever notice is required pursuant  to  this  section,  it
 shall  be  in writing and mailed or delivered to the policyholder at the
 policyholder's mailing address and to affected  certificate  holders  at
 the  certificate  holders' last known mailing addresses on file with the
 insurer. Every notice of termination shall specify the reason or reasons
 for termination.
   [(d)] (F) (1) Notwithstanding subsection [(c)] (E) of this section, an
 insurer shall not be required to  give  notice  of  termination  to  the
 certificate holder if the insurer has been advised by either the policy-
 holder  or  another insurer that substantially similar coverage has been
 obtained from the other insurer without lapse of coverage.
   (2) A policyholder shall not be required to give notice of termination
 to a certificate holder  if  substantially  similar  coverage  has  been
 obtained from another insurer without lapse of coverage.
   [(e)]  (G)  The  superintendent  may  promulgate regulations regarding
 policies of wireless communications equipment insurance, including,  but
 not  limited  to,  regulations  governing  policy  terms and conditions,
 TREATMENT OF DIVIDENDS, and may establish other reasonable limitations.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.

co-Sponsors

2023-S7748A (ACTIVE) - Details

Law Section:: Insurance Law
Laws Affected:: Amd §3449, Ins L

2023-S7748A (ACTIVE) - Summary

Relates to wireless communications equipment protection plans offered for sale by wireless communication equipment vendors; defines terms; requires certain notices and consumer protections.

2023-S7748A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S7748A

SPONSOR: BRESLIN
 
TITLE OF BILL:

An act to amend the insurance law, in relation to wireless communi-
cations equipment insurance

 
PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this bill is to authorize the sale of wireless communi-
cations equipment protection plans by licensed wireless communication
equipment vendors.

 
SUMMARY OF SPECIFIC PROVISIONS:

This bill would authorize licensed wireless communication equipment
vendors to sell policies of wireless communication equipment insurance
with service contracts under wireless communications equipment
protection plans, along with optional equipment upgrade programs, tech-
nical support, and other services the superintendent deems to be mean-
ingful and appropriate.

 
JUSTIFICATION:

Now more than ever, New Yorkers rely upon wireless communication equip-
ment to operate their daily lives and remain connected to work, family,
friends, and emergency services. Given the reliance upon and cost asso-
ciated with these devices, New Yorkers need access to comprehensive
protection plans that ensure timely and full repairs or replacements of
their devices in the face of a loss, mechanical breakdown, or theft.
Currently, New Yorkers must buy insurance, covering loss and theft, and
service contracts, covering mechanical breakdown and accidental damages,
separately to get full coverage.  This legislation brings New York in
alignment with the rest of the country by allowing companies to offer
New Yorkers a comprehensive and all-encompassing wireless communication
equipment protection plan, that includes all the benefits and coverages
of both an insurance policy and service contract component at one clear
and straightforward price. This will allow for more options at time of
purchase and the comprehensive coverage New Yorkers seek.

 
PRIOR LEGISLATIVE HISTORY:

This is a new bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect on the 180th day after it shall have become a
law.

2023-S7748A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7748--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             November 13, 2023
                                ___________
 
 Introduced  by Sens. BRESLIN, ADDABBO -- read twice and ordered printed,
   and when printed to be committed to the Committee on Rules  --  recom-
   mitted to the Committee on Insurance in accordance with Senate Rule 6,
   sec.  8  --  committee  discharged, bill amended, ordered reprinted as
   amended and recommitted to said committee

 AN ACT to amend the insurance law,  in  relation  to  wireless  communi-
   cations equipment insurance
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 3449 of the insurance law, as added by chapter  426
 of the laws of 2005, is amended to read as follows:
   §  3449.  Wireless communications equipment insurance policies. (a) In
 this section, the [term "policy] TERM:
   (1) "POLICY of wireless communications equipment insurance"  means  an
 insurance policy covering the kind of insurance described in [subsection
 (1)] PARAGRAPH TWO OF SUBSECTION (D) of section two thousand one hundred
 thirty-one of this chapter.
   (2) "WIRELESS COMMUNICATIONS EQUIPMENT" SHALL HAVE THE SAME MEANING AS
 DESCRIBED  IN  SECTION TWO THOUSAND ONE HUNDRED THIRTY-ONE OF THIS CHAP-
 TER.
   (3) "WIRELESS COMMUNICATIONS EQUIPMENT PROTECTION PLAN  MEMBER"  MEANS
 ANY   INDIVIDUAL  WHO  PURCHASED  A  WIRELESS  COMMUNICATIONS  EQUIPMENT
 PROTECTION PLAN AND SUCH WIRELESS  COMMUNICATIONS  PROTECTION  EQUIPMENT
 PLAN HAS NOT EXPIRED OR BEEN TERMINATED.
   (4)  "WIRELESS  COMMUNICATIONS  EQUIPMENT  PROTECTION  PLAN"  MEANS AN
 OPTIONAL PLAN OFFERED FOR SALE BY A  WIRELESS  COMMUNICATIONS  EQUIPMENT
 VENDOR  LICENSED PURSUANT TO SECTION TWO THOUSAND ONE HUNDRED THIRTY-ONE
 OF THIS CHAPTER AND THE PLAN PROVIDES:
   (A) A POLICY OF WIRELESS COMMUNICATIONS EQUIPMENT  INSURANCE  COVERING
 THE  WIRELESS  COMMUNICATIONS  EQUIPMENT UNDER A GROUP POLICY SUBJECT TO
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13527-03-4
 S. 7748--A                          2

 
 THIS SECTION WHERE THE WIRELESS COMMUNICATIONS EQUIPMENT VENDOR  IS  THE
 GROUP POLICYHOLDER;
   (B)  A  SERVICE CONTRACT SUBJECT TO ARTICLE SEVENTY-NINE OF THIS CHAP-
 TER, PROVIDED THAT THE SERVICE CONTRACT PROVIDER OR ITS AFFILIATE  RECY-
 CLES,  REUSES,  OR  DISPOSES  THE  WIRELESS  COMMUNICATIONS EQUIPMENT IN
 ACCORDANCE WITH SECTION 27-2303 OF THE ENVIRONMENTAL  CONSERVATION  LAW,
 AS  ADDED  BY  CHAPTER  SEVEN HUNDRED THIRTY OF THE LAWS OF TWO THOUSAND
 SIX; AND
   (C) MAY INCLUDE ONE OR MORE OF THE FOLLOWING:
   (I) A WIRELESS COMMUNICATIONS EQUIPMENT UPGRADE PROGRAM, PROVIDED THAT
 THE PROGRAM RECYCLES, REUSES, OR DISPOSES  THE  WIRELESS  COMMUNICATIONS
 EQUIPMENT  IN  ACCORDANCE  WITH  SECTION  27-2303  OF  THE ENVIRONMENTAL
 CONSERVATION LAW, AS ADDED BY CHAPTER SEVEN HUNDRED THIRTY OF  THE  LAWS
 OF TWO THOUSAND SIX;
   (II)  TECHNICAL  SUPPORT  WITH  RESPECT TO THE WIRELESS COMMUNICATIONS
 EQUIPMENT; AND
   (III) ANY OTHER SERVICES RELATED TO THE USE OF THE  WIRELESS  COMMUNI-
 CATIONS  EQUIPMENT  THAT  THE  SUPERINTENDENT DEEMS TO BE MEANINGFUL AND
 APPROPRIATE, IN ACCORDANCE WITH SUBSECTION (H) OF THIS SECTION.
   (5) "WIRELESS COMMUNICATIONS EQUIPMENT VENDOR" MEANS A RETAIL  SELLER,
 MANUFACTURER  OR DISTRIBUTOR OF THE WIRELESS COMMUNICATIONS EQUIPMENT OR
 THE ENTITY PROVIDING THE TELECOMMUNICATIONS  SERVICE  THAT  IS  LICENSED
 PURSUANT TO SECTION TWO THOUSAND ONE HUNDRED THIRTY-ONE OF THIS CHAPTER.
   (b) (1) A GROUP POLICY OF WIRELESS COMMUNICATIONS EQUIPMENT INSURANCE,
 AND  CERTIFICATES ISSUED THEREUNDER, MAY BE ISSUED ONLY BY AN AUTHORIZED
 INSURER.
   (2) A GROUP POLICY OF WIRELESS COMMUNICATIONS EQUIPMENT INSURANCE  MAY
 ONLY BE ISSUED TO A WIRELESS COMMUNICATIONS EQUIPMENT VENDOR.
   (3)  A GROUP POLICY OF WIRELESS COMMUNICATIONS EQUIPMENT INSURANCE MAY
 BE OFFERED ON A STAND-ALONE BASIS OR AS  PART  OF  A  WIRELESS  COMMUNI-
 CATIONS EQUIPMENT PROTECTION PLAN.
   (C)  WHERE  A GROUP POLICY OF WIRELESS COMMUNICATIONS EQUIPMENT INSUR-
 ANCE  IS  PROVIDED  AS  PART  OF  A  WIRELESS  COMMUNICATIONS  EQUIPMENT
 PROTECTION  PLAN,  THE  PREMIUM  FOR THE GROUP POLICY, INCLUDING CERTIF-
 ICATES, MAY BE PAID BY THE GROUP POLICYHOLDER FROM FUNDS CONTRIBUTED:
   (1) WHOLLY BY THE GROUP POLICYHOLDER;
   (2) WHOLLY BY THE WIRELESS COMMUNICATIONS  EQUIPMENT  PROTECTION  PLAN
 MEMBERS; OR
   (3)  JOINTLY  BY  THE  GROUP  POLICYHOLDER AND WIRELESS COMMUNICATIONS
 EQUIPMENT PROTECTION PLAN MEMBERS.
   (D) FOR THE PURPOSES OF THIS SECTION, A WIRELESS COMMUNICATIONS EQUIP-
 MENT PROTECTION PLAN MEMBER SHALL BE A CERTIFICATE  HOLDER  OF  WIRELESS
 COMMUNICATIONS  INSURANCE  AND  A  SERVICE CONTRACT HOLDER AS DEFINED IN
 SECTION SEVEN THOUSAND NINE HUNDRED TWO OF THIS CHAPTER.
   (E) (1) A group policy OF WIRELESS COMMUNICATIONS EQUIPMENT INSURANCE,
 and certificates issued thereunder, [of wireless  communications  equip-
 ment  insurance] shall not be subject to the provisions of section three
 thousand four hundred twenty-five or three thousand four  hundred  twen-
 ty-six of this article.
   (2)  An  insurer shall not terminate or otherwise change the terms and
 conditions of a group policy of wireless communications equipment insur-
 ance, and certificates issued thereunder, WHETHER OFFERED ON A STAND-AL-
 ONE BASIS OR AS PART OF A WIRELESS COMMUNICATIONS  EQUIPMENT  PROTECTION
 PLAN,  except  upon  providing  the policyholder and certificate holders
 with at least sixty days notice. If the insurer changes  the  terms  and
 conditions,  then  the  insurer  shall  provide  the policyholder with a
 S. 7748--A                          3
 
 revised policy or endorsement and each certificate holder with a revised
 certificate or endorsement, an updated brochure or facsimile thereof and
 an explanation of the changes.
   (3)  Notwithstanding  paragraph two of this subsection, an insurer may
 terminate a certificate upon fifteen days notice for:
   (A) nonpayment of premium; or
   (B) discovery of fraud or material misrepresentation in obtaining  the
 certificate or in the presentation of a claim thereunder.
   (4)  Notwithstanding  paragraph two of this subsection, an insurer may
 automatically terminate a certificate if the certificate holder:
   (A) ceases to have active telecommunications service with the wireless
 communications equipment vendor; or
   (B) exhausts the aggregate limit  of  liability,  if  any,  under  the
 certificate  and  the insurer sends notice of termination to the certif-
 icate holder within fifteen business days after exhaustion of the limit.
 However, if notice is not timely sent, coverage shall continue  notwith-
 standing the aggregate limit of liability until the insurer sends notice
 of termination to the certificate holder.
   (5)  NOTWITHSTANDING  PARAGRAPH TWO OF THIS SUBSECTION, AN INSURER MAY
 TERMINATE A CERTIFICATE OF WIRELESS COMMUNICATIONS  EQUIPMENT  INSURANCE
 UPON  THE  TERMINATION OF A WIRELESS COMMUNICATIONS EQUIPMENT PROTECTION
 PLAN BY A WIRELESS COMMUNICATIONS EQUIPMENT PROTECTION PLAN MEMBER  WHEN
 THE  INSURANCE  IS PROVIDED AS PART OF SUCH A PLAN PROGRAM AND THE WIRE-
 LESS COMMUNICATIONS EQUIPMENT PROTECTION PLAN MEMBER HAD  BEEN  PROVIDED
 CLEAR  AND  EXPRESS  NOTICE  IN  THE  PLAN  DOCUMENTS  WHEN THE PLAN WAS
 INITIALLY PURCHASED THAT  THE  CERTIFICATE  OF  WIRELESS  COMMUNICATIONS
 EQUIPMENT INSURANCE WILL CEASE UPON TERMINATION OF THE WIRELESS COMMUNI-
 CATIONS  EQUIPMENT  PROTECTION  PLAN  PROGRAM.  THE INSURER MAY GIVE THE
 WIRELESS COMMUNICATIONS EQUIPMENT PROTECTION PLAN MEMBER THE  OPTION  TO
 PURCHASE  A POLICY OF WIRELESS COMMUNICATIONS INSURANCE ON A STAND-ALONE
 BASIS.
   (6) Notwithstanding the provisions of subparagraph  (B)  of  paragraph
 four  of  this subsection, upon the request of a certificate holder, the
 certificate holder's coverage shall be eligible  for  reinstatement  not
 more than twelve months following the date of exhaustion of the coverage
 limit  in  accordance  with  the  terms of the policy and subject to the
 enrollment criteria then applicable to prospective  certificate  holders
 generally.
   [(6)]  (7)  Where the group policy OF A WIRELESS COMMUNICATIONS EQUIP-
 MENT INSURANCE, WHETHER OFFERED ON A STAND-ALONE BASIS OR AS PART  OF  A
 WIRELESS  COMMUNICATIONS PROTECTION EQUIPMENT PLAN, is terminated by the
 policyholder, the policyholder shall mail or deliver written  notice  to
 each  certificate  holder  advising the certificate holder of the termi-
 nation of the group policy and the effective date  of  termination.  The
 written notice shall be mailed or delivered to the certificate holder at
 least thirty days prior to the termination.
   [(c)]  (F)  Whenever  notice  is required pursuant to this section, it
 shall be in writing and mailed or delivered to the policyholder  at  the
 policyholder's  mailing  address  and to affected certificate holders at
 the certificate holders' last known mailing addresses on file  with  the
 insurer OR DELIVERED BY ELECTRONIC MEANS PURSUANT TO SECTION THREE THOU-
 SAND  FOUR  HUNDRED FIFTY-EIGHT OF THIS CHAPTER.  Every notice of termi-
 nation shall specify the reason or reasons for termination.
   [(d)] (G) (1) Notwithstanding subsection [(c)] (F) of this section, an
 insurer shall not be required to  give  notice  of  termination  to  the
 certificate holder if the insurer has been advised by either the policy-
 S. 7748--A                          4
 
 holder  or  another insurer that substantially similar coverage has been
 obtained from the other insurer without lapse of coverage.
   (2) A policyholder shall not be required to give notice of termination
 to  a  certificate  holder  if  substantially  similar coverage has been
 obtained from another insurer without lapse of coverage.
   [(e)] (H) The  superintendent  may  promulgate  regulations  regarding
 policies  of wireless communications equipment insurance, including, but
 not limited to, regulations governing policy terms and  conditions,  THE
 INCLUSION   OF   SUCH  POLICIES  IN  WIRELESS  COMMUNICATIONS  EQUIPMENT
 PROTECTION PLANS,  TREATMENT  OF  DIVIDENDS,  and  may  establish  other
 reasonable limitations.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.

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Senate Bill S7748A

Sponsored By

Current Bill Status - On Floor Calendar

May 6, 2024 - Insurance Committee Vote

Insurance Committee Vote: May 6, 2024

Bill Amendments

co-Sponsors

2023-S7748 - Details

2023-S7748 - Summary

2023-S7748 - Sponsor Memo

2023-S7748 - Bill Text download pdf

co-Sponsors

2023-S7748A (ACTIVE) - Details

2023-S7748A (ACTIVE) - Summary

2023-S7748A (ACTIVE) - Sponsor Memo

2023-S7748A (ACTIVE) - Bill Text download pdf

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Senate Bill S7748A

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Sponsored By

Neil D. Breslin

Current Bill Status - On Floor Calendar

Bill Amendments

co-Sponsors

Joseph P. Addabbo Jr.

2023-S7748 - Details

2023-S7748 - Summary

2023-S7748 - Sponsor Memo

2023-S7748 - Bill Text download pdf

co-Sponsors

Joseph P. Addabbo Jr.

2023-S7748A (ACTIVE) - Details

2023-S7748A (ACTIVE) - Summary

2023-S7748A (ACTIVE) - Sponsor Memo

2023-S7748A (ACTIVE) - Bill Text download pdf

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