NY State Senate Bill 2023-S9021A

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
Apr 17, 2024	advanced to third reading
Apr 16, 2024	2nd report cal.
Apr 15, 2024	1st report cal.801
Apr 13, 2024	print number 9021a
Apr 13, 2024	amend and recommit to insurance
Apr 10, 2024	referred to insurance

Votes

- Apr 15, 2024 - Insurance Committee Vote
  S9021A
  
  9
  
  Aye
  
  0
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Insurance Committee Vote: Apr 15, 2024
      
      aye (9)
      
      Addabbo Jr.
      
      Ashby
      
      Breslin
      
      Cooney
      
      Harckham
      
      Kennedy
      
      Martinez
      
      Sanders Jr.
      
      Scarcella-Spanton
      
      aye wr (2)
      
      Helming
      
      O'Mara

Bill Amendments

Original

A (Active)

2023-S9021 - Details

See Assembly Version of this Bill:: A9407
Law Section:: Insurance Law
Laws Affected:: Amd §3420, Ins L

2023-S9021 - Summary

Provides supplemental spousal liability insurance coverage for the spouse of an insured who has indicated that such insured has a spouse on the insurance application.

2023-S9021 - Sponsor Memo

                                 
BILL NUMBER: S9021

SPONSOR: BRESLIN
 
TITLE OF BILL:

An act to amend the insurance law, in relation to supplemental spousal
liability insurance

 
PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this bill is to require auto insurers to provide supple-
mental spousal liability insurance to insureds that have a spouse and to
insureds upon written request.

 
SUMMARY OF SPECIFIC PROVISIONS:

This bill would amend the supplemental spousal liability insurance
requirements under the insurance law by making such coverage an opt-out
endorsement only for insureds that indicate on an application for insur-
ance that they have a spouse. Supplemental spousal liability insurance
shall also be provided to insureds upon written request.  This bill
would require insurers to notify insureds upon policy issuance whether

their policy includes supplemental spousal liability coverage or, if
not, the availability of such coverage.

 
JUSTIFICATION:

Under the current insurance law, automobile insurance policies issued to
drivers licensed in New York state must include supplemental spousal
liability coverage. This policy endorsement provides coverage against
liability of an insured because of death to or injuries to their spouse
up to the liability insurance limits provided under such policy. By
limiting the automatic application of supplemental spousal liability
insurance to the policies of insureds that indicate they have a spouse,
this bill ensures that only those that need such coverage would automat-
ically receive it. In addition, this bill gives any insured driver the
option to purchase supplemental spousal liability insurance coverage
upon written request and requires insurers to notify insureds of its
availability upon policy issuance and annually thereafter.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it
shall have become a law and shall apply to policies issued on or after
such date; provided, however that the amendments to subsection (g) of
section 3420 of the insurance law made by section one of this act shall
be subject to the expiration and reversion of such subsection pursuant
to section 2 of chapter 735 of the laws of 2022, as amended.

2023-S9021 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9021
 
                             I N  S E N A T E
 
                              April 10, 2024
                                ___________
 
 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  supplemental  spousal
   liability insurance
 
   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  735  of  the  laws  of 2022, is amended to read as
 follows:
   (g) (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]
 THE INSURED'S spouse or because of injury to, or destruction of property
 of  [his  or her] THE INSURED'S spouse unless express provision relating
 specifically thereto is included in the  policy.  This  exclusion  shall
 apply  only  where  the  injured spouse, to be entitled to recover, must
 prove the culpable conduct of the insured spouse.
   (2) (A) [Every] (I) UPON PAYMENT OF A REASONABLE  PREMIUM  ESTABLISHED
 IN  ACCORDANCE  WITH  ARTICLE  TWENTY-THREE  OF THIS CHAPTER, AN insurer
 issuing or delivering any policy  that  satisfies  the  requirements  of
 article  six  of  the  vehicle and traffic law AND IS SUBJECT TO SECTION
 THREE THOUSAND FOUR HUNDRED TWENTY-FIVE OF THIS  ARTICLE  shall  provide
 coverage  in such A policy ISSUED TO A FIRST NAMED INSURED WHO HAS INDI-
 CATED THAT SUCH INSURED HAS  A  SPOUSE  ON  THE  INSURANCE  APPLICATION,
 against  liability of an insured because of death of or injuries to [his
 or her] THE INSURED'S  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] A FIRST NAMED insured elects, in writing and in  such  form
 as the superintendent determines, to decline and refuse such coverage in
 [his  or  her] THE FIRST NAMED INSURED'S policy. Such insurance coverage
 shall be known as "supplemental spousal liability insurance".
   (II) UPON WRITTEN REQUEST OF AN INSURED, AND UPON PAYMENT OF A REASON-
 ABLE PREMIUM ESTABLISHED IN ACCORDANCE WITH ARTICLE TWENTY-THREE OF THIS
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD14782-03-4
 S. 9021                             2
 
 CHAPTER, AN INSURER ISSUING OR DELIVERING ANY POLICY THAT SATISFIES  THE
 REQUIREMENTS  OF  ARTICLE SIX OF THE VEHICLE AND TRAFFIC LAW, OTHER THAN
 AS SPECIFIED IN ITEM (I) OF THIS SUBPARAGRAPH, SHALL PROVIDE COVERAGE IN
 SUCH  A  POLICY  AGAINST  LIABILITY OF AN INSURED BECAUSE OF DEATH OF OR
 INJURIES TO THE INSURED'S 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.
   (B) Upon issuance[, renewal or amendment] of a motor vehicle liability
 policy that satisfies the requirements of article six of the vehicle and
 traffic  law AND IS SUBJECT TO SECTION THREE THOUSAND FOUR HUNDRED TWEN-
 TY-FIVE OF THIS ARTICLE, the insurer shall notify [the]  A  FIRST  NAMED
 insured  WHO  HAS INDICATED THAT SUCH INSURED HAS A SPOUSE ON THE INSUR-
 ANCE APPLICATION, in writing, that such  policy  shall  include  supple-
 mental  spousal  liability  insurance unless [the] A FIRST NAMED insured
 declines and refuses such insurance, in writing  and  in  such  form  as
 shall  be  determined  by the superintendent. Such notification shall be
 contained on the front of  the  premium  notice  in  boldface  type  and
 include  a  concise  statement that [supplementary] SUPPLEMENTAL spousal
 LIABILITY coverage is provided unless declined by [the]  A  FIRST  NAMED
 insured,  an explanation of such coverage, and the insurer's premium for
 such coverage.  A WRITTEN DECLINATION SHALL APPLY TO  SUBSEQUENT  POLICY
 RENEWALS  UNLESS  A  FIRST  NAMED  INSURED REQUESTS SUPPLEMENTAL SPOUSAL
 LIABILITY INSURANCE.
   (C) A NOTIFICATION OF THE AVAILABILITY OF SUPPLEMENTAL SPOUSAL LIABIL-
 ITY INSURANCE SHALL BE PROVIDED UPON POLICY ISSUANCE, OTHER THAN FOR THE
 POLICIES TO WHICH THE NOTIFICATION REQUIREMENT IN  SUBPARAGRAPH  (B)  OF
 THIS  PARAGRAPH  APPLIES, AND AT LEAST ONCE A YEAR FOR ALL MOTOR VEHICLE
 LIABILITY POLICIES THAT SATISFY THE REQUIREMENTS OF ARTICLE SIX  OF  THE
 VEHICLE  AND  TRAFFIC  LAW,  WHERE  THE  POLICY DOES NOT ALREADY PROVIDE
 SUPPLEMENTAL  SPOUSAL  LIABILITY  INSURANCE.    SUCH  NOTICE  SHALL   BE
 CONTAINED  ON  THE  FRONT  OF  THE  PREMIUM  NOTICE IN BOLDFACE TYPE AND
 INCLUDE A CONCISE STATEMENT THAT SUPPLEMENTAL SPOUSAL LIABILITY COVERAGE
 IS AVAILABLE, AN EXPLANATION OF SUCH COVERAGE, AND THE INSURER'S PREMIUM
 FOR SUCH COVERAGE.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law and  shall  apply  to policies  issued on  or
 after such date; provided, however that the amendments to subsection (g)
 of  section  3420  of  the insurance law made by section one of this act
 shall be subject to the expiration  and  reversion  of  such  subsection
 pursuant to section 2 of chapter 735 of the laws of 2022, as amended.

2023-S9021A (ACTIVE) - Details

See Assembly Version of this Bill:: A9407
Law Section:: Insurance Law
Laws Affected:: Amd §3420, Ins L

2023-S9021A (ACTIVE) - Summary

Provides supplemental spousal liability insurance coverage for the spouse of an insured who has indicated that such insured has a spouse on the insurance application.

2023-S9021A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S9021A

SPONSOR: BRESLIN
 
TITLE OF BILL:

An act to amend the insurance law, in relation to supplemental spousal
liability insurance

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill would require motor vehicle insurers to offer supplemental
spousal liability coverage to policyholders who have indicated that they
are married and that request such coverage.

 
SUMMARY OF SPECIFIC PROVISIONS:

This bill seeks to update the insurance law regarding supplemental
spousal liability coverage for motor vehicles.

For married policyholders, the bill maintains this coverage as an opt-
out option on insurance applications upon issuance of a policy.  The
insurer will notify the policyholder that their policy includes this

coverage unless they decline it.

Upon renewal or amendment of a motor vehicle liability policy, the
insurer shall notify a policyholder that opted for supplemental spousal
liability that such coverage is included in the policy unless they
decline it.

Once declined, the policyholder will not be notified of the availability
of such coverage unless they subsequently request it.

For all other policyholders, the insurer shall notify them upon issuance
of the policy and at least once a year of the availability of supple-
mental spousal liability coverage.

 
JUSTIFICATION:

New York currently mandates supplemental spousal liability coverage on
all auto insurance policies unless the policyholder declines. This bill
proposes a more focused approach. For policyholders who indicate they
are married, this coverage would automatically be included unless they
decline it. All other policyholders, however, can still request the
coverage and opt-in if they wish to do so.

Additionally, to ensure transparency and enact a more targeted approach
to notifications regarding this coverage, insurers would be required to
notify policyholders at certain points in time about the availability or
applicability of such coverage.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it
shall have become a law and shall apply to policies issued, renewed or
modified on or after such date; provided, however that the amendments to
subsection (g) of section 3420 of the insurance law made by section one
of this act shall be subject to the expiration and reversion of such
subsection pursuant to section 2 of chapter 735 of the laws of 2022, as
amended.

2023-S9021A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  9021--A
 
                             I N  S E N A T E
 
                              April 10, 2024
                                ___________
 
 Introduced  by  Sen. BRESLIN -- read twice and ordered printed, and when
   printed to be committed to the Committee  on  Insurance  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN  ACT  to amend the insurance law, in relation to supplemental spousal
   liability insurance

   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 735 of the laws  of  2022,  is  amended  to  read  as
 follows:
   (g)  (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]
 THE INSURED'S spouse or because of injury to, or destruction of property
 of [his or her] THE INSURED'S spouse unless express  provision  relating
 specifically  thereto  is  included  in the policy. This exclusion shall
 apply only where the injured spouse, to be  entitled  to  recover,  must
 prove the culpable conduct of the insured spouse.
   (2)  (A) [Every] (I) UPON ISSUANCE OF A MOTOR VEHICLE LIABILITY POLICY
 AND PAYMENT OF A REASONABLE PREMIUM ESTABLISHED IN ACCORDANCE WITH ARTI-
 CLE TWENTY-THREE OF THIS CHAPTER, AN insurer issuing or  delivering  any
 policy that satisfies the requirements of article six of the vehicle and
 traffic  law AND IS SUBJECT TO SECTION THREE THOUSAND FOUR HUNDRED TWEN-
 TY-FIVE OF THIS ARTICLE shall provide coverage in such A  policy  ISSUED
 TO  A  FIRST  NAMED  INSURED  WHO  HAS INDICATED THAT SUCH INSURED HAS A
 SPOUSE ON THE INSURANCE APPLICATION, against  liability  of  an  insured
 because  of death of or injuries to [his or her] THE INSURED'S 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]  A  FIRST  NAMED  insured
 elects, in writing and in such form as the superintendent determines, to
 decline  and  refuse  such  coverage  in  [his  or  her] THE FIRST NAMED
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14782-04-4

 S. 9021--A                          2
 
 INSURED'S policy. Such insurance coverage shall  be  known  as  "supple-
 mental spousal liability insurance".
   (II) 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 INSURER ISSUING OR DELIVERING ANY POLICY THAT SATISFIES THE
 REQUIREMENTS OF ARTICLE SIX OF THE VEHICLE AND TRAFFIC LAW,  OTHER  THAN
 AS SPECIFIED IN ITEM (I) OF THIS SUBPARAGRAPH, SHALL PROVIDE COVERAGE IN
 SUCH  A  POLICY  AGAINST  LIABILITY OF AN INSURED BECAUSE OF DEATH OF OR
 INJURIES TO THE INSURED'S 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.
   (B)  (I)  Upon  issuance[,  renewal  or  amendment] of a motor vehicle
 liability policy that satisfies the requirements of article six  of  the
 vehicle  and  traffic  law AND IS SUBJECT TO SECTION THREE THOUSAND FOUR
 HUNDRED TWENTY-FIVE OF THIS ARTICLE, the insurer shall  notify  [the]  A
 FIRST  NAMED insured WHO HAS INDICATED THAT SUCH INSURED HAS A SPOUSE ON
 THE INSURANCE APPLICATION, in writing, that such  policy  shall  include
 supplemental  spousal  liability  insurance  unless  [the] A FIRST NAMED
 insured declines and refuses such insurance, in writing and in such form
 as shall be determined by the superintendent. Such notification shall be
 contained on the front of  the  premium  notice  in  boldface  type  and
 include  a  concise  statement that [supplementary] SUPPLEMENTAL spousal
 LIABILITY coverage is provided unless declined by [the]  A  FIRST  NAMED
 insured,  an explanation of such coverage, and the insurer's premium for
 such coverage.
   (II) UPON RENEWAL OR AMENDMENT OF A  MOTOR  VEHICLE  LIABILITY  POLICY
 THAT  SATISFIES THE REQUIREMENTS OF ARTICLE SIX OF THE VEHICLE AND TRAF-
 FIC LAW AND HAS SUPPLEMENTAL SPOUSAL LIABILITY COVERAGE UNDER THE  POLI-
 CY,  THE  INSURER  SHALL PROVIDE A NOTIFICATION TO A FIRST NAMED INSURED
 THAT INCLUDES A CONCISE STATEMENT THAT SUCH POLICY INCLUDES SUPPLEMENTAL
 SPOUSAL LIABILITY COVERAGE UNLESS DECLINED BY A FIRST NAMED  INSURED  IN
 WRITING  AND  IN SUCH FORM AS SHALL BE DETERMINED BY THE SUPERINTENDENT,
 AN EXPLANATION OF SUCH COVERAGE, AND  THE  INSURER'S  PREMIUM  FOR  SUCH
 COVERAGE.  SUCH  NOTIFICATION  SHALL  BE  CONTAINED  ON THE FRONT OF THE
 PREMIUM NOTICE IN BOLDFACE TYPE.
   (III) A WRITTEN DECLINATION SHALL APPLY TO SUBSEQUENT POLICY  RENEWALS
 UNLESS  A  FIRST  NAMED  INSURED REQUESTS SUPPLEMENTAL SPOUSAL LIABILITY
 INSURANCE.
   (C) A NOTIFICATION OF THE AVAILABILITY OF SUPPLEMENTAL SPOUSAL LIABIL-
 ITY INSURANCE SHALL BE PROVIDED UPON POLICY ISSUANCE, OTHER THAN FOR THE
 POLICIES TO WHICH THE NOTIFICATION REQUIREMENT IN ITEM (I)  OF  SUBPARA-
 GRAPH  (B)  OF  THIS PARAGRAPH APPLIES, AND AT LEAST ONCE A YEAR FOR ALL
 MOTOR VEHICLE LIABILITY POLICIES THAT SATISFY THE REQUIREMENTS OF  ARTI-
 CLE  SIX  OF  THE  VEHICLE  AND  TRAFFIC  LAW, WHERE THE POLICY DOES NOT
 ALREADY PROVIDE SUPPLEMENTAL SPOUSAL LIABILITY INSURANCE.   SUCH  NOTICE
 SHALL  BE  CONTAINED ON THE FRONT OF THE PREMIUM NOTICE IN BOLDFACE TYPE
 AND INCLUDE A CONCISE  STATEMENT  THAT  SUPPLEMENTAL  SPOUSAL  LIABILITY
 COVERAGE  IS  AVAILABLE, AN EXPLANATION OF SUCH COVERAGE, AND THE INSUR-
 ER'S PREMIUM FOR SUCH COVERAGE.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law and   shall   apply   to  policies    issued,
 renewed  or  modified  on or after such date; provided, however that the
 amendments to subsection (g) of section 3420 of the insurance  law  made
 by section one of this act shall be subject to the expiration and rever-
 sion of such subsection pursuant to section 2 of chapter 735 of the laws
 of 2022, as amended.

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Senate Bill S9021A

Sponsored By

Current Bill Status - On Floor Calendar

Apr 15, 2024 - Insurance Committee Vote

Insurance Committee Vote: Apr 15, 2024

Bill Amendments

2023-S9021 - Details

2023-S9021 - Summary

2023-S9021 - Sponsor Memo

2023-S9021 - Bill Text download pdf

2023-S9021A (ACTIVE) - Details

2023-S9021A (ACTIVE) - Summary

2023-S9021A (ACTIVE) - Sponsor Memo

2023-S9021A (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S9021A

Share this bill

Sponsored By

Neil D. Breslin

Current Bill Status - On Floor Calendar

Bill Amendments

2023-S9021 - Details

2023-S9021 - Summary

2023-S9021 - Sponsor Memo

2023-S9021 - Bill Text download pdf

2023-S9021A (ACTIVE) - Details

2023-S9021A (ACTIVE) - Summary

2023-S9021A (ACTIVE) - Sponsor Memo

2023-S9021A (ACTIVE) - Bill Text download pdf

Comments