STATE OF NEW YORK ________________________________________________________________________ 1178 2023-2024 Regular Sessions IN ASSEMBLY January 13, 2023 ___________ Introduced by M. of A. JACOBSON, STECK -- read once and referred 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: 1 Section 1. Subparagraph (A) of paragraph 2 of subsection (f) of 2 section 3420 of the insurance law, as amended by section 19 of part III 3 of chapter 59 of the laws of 2019, is amended to read as follows: 4 (A) Any such policy shall, at the option of the insured, also provide 5 supplementary uninsured/underinsured motorists insurance for bodily 6 injury, in an amount up to the bodily injury liability insurance limits 7 of coverage provided under such policy, subject to a maximum of two 8 hundred fifty thousand dollars because of bodily injury to or death of 9 one person in any one accident and, subject to such limit for one 10 person, up to five hundred thousand dollars because of bodily injury to 11 or death of two or more persons in any one accident, or a combined 12 single limit policy of five hundred thousand dollars because of bodily 13 injury to or death of one or more persons in any one accident; and any 14 such policy insuring against loss resulting from liability imposed by 15 law for bodily injury or death suffered by any natural person arising 16 out of the ownership, maintenance, and use of an altered motor vehicle 17 commonly referred to as a "stretch limousine" having a seating capacity 18 of eight or more passengers used in the business of carrying or trans- 19 porting passengers for hire, shall provide supplementary 20 uninsured/underinsured motorists insurance for bodily injury, in an 21 amount of a combined single limit of one million five hundred thousand 22 dollars because of bodily injury or death of one or more persons in any 23 one accident. Provided however, an insurer issuing any such policy, 24 except a policy insuring against loss resulting from liability imposed EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02192-01-3
A. 1178 2 1 by law for bodily injury or death suffered by any natural person arising 2 out of the ownership, maintenance, and use of an altered motor vehicle 3 commonly referred to as a "stretch limousine" having a seating capacity 4 of eight or more passengers used in the business of carrying or trans- 5 porting passengers for hire, in lieu of offering to the insured the 6 coverages stated above, may provide supplementary uninsured/underinsured 7 motorists insurance for bodily injury, in an amount up to the bodily 8 injury liability insurance limits of coverage provided under such poli- 9 cy, subject to a maximum of one hundred thousand dollars because of 10 bodily injury to or death of one person in any one accident and, subject 11 to such limit for one person, up to three hundred thousand dollars 12 because of bodily injury to or death of two or more persons in any one 13 accident, or a combined single limit policy of three hundred thousand 14 dollars because of bodily injury to or death of one or more persons in 15 any one accident, if such insurer also makes available a personal 16 umbrella policy with liability coverage limits up to at least five 17 hundred thousand dollars which also provides coverage for supplementary 18 uninsured/underinsured motorists claims. Supplementary 19 uninsured/underinsured motorists insurance shall provide coverage, in 20 any state or Canadian province, if the limits of liability under all 21 bodily injury liability bonds and insurance policies of another motor 22 vehicle liable for damages are in a lesser amount than the bodily injury 23 liability insurance limits of coverage provided by such policy. Upon 24 written request by any insured covered by supplemental 25 uninsured/underinsured motorists insurance or his duly authorized repre- 26 sentative and upon disclosure by the insured of the insured's bodily 27 injury and supplemental uninsured/underinsured motorists insurance 28 coverage limits, the insurer of any other owner or operator of another 29 motor vehicle against which a claim has been made for damages to the 30 insured shall disclose, within forty-five days of the request, the bodi- 31 ly injury liability insurance limits of its coverage provided under the 32 policy or all bodily injury liability bonds. The time of the insured to 33 make any supplementary uninsured/underinsured motorist claim, shall be 34 tolled during the period the insurer of any other owner or operator of 35 another motor vehicle that may be liable for damages to the insured, 36 fails to so disclose its coverage. As a condition precedent to the obli- 37 gation of the insurer to pay under the supplementary 38 uninsured/underinsured motorists insurance coverage, the limits of 39 liability of all bodily injury liability bonds or insurance policies 40 applicable at the time of the accident shall be exhausted by payment of 41 judgments or settlements. As used in this subsection, "motor vehicle" 42 shall include fire vehicles, as defined in section one hundred fifteen-a 43 of the vehicle and traffic law, and police vehicles, as defined in 44 section one hundred thirty-two-a of the vehicle and traffic law. 45 § 2. Paragraph 5 of subsection (f) of section 3420 of the insurance 46 law, as amended by chapter 11 of the laws of 2013, is amended to read as 47 follows: 48 (5) This paragraph shall apply to self-insurance or a policy that 49 provides supplementary uninsured/underinsured motorist insurance cover- 50 age for bodily injury and is a policy: (A) issued or delivered in this 51 state that insures against liability arising out of the ownership, main- 52 tenance, and use of a fire vehicle, as defined in section one hundred 53 fifteen-a of the vehicle and traffic law, where the fire vehicle is 54 principally garaged or used in this state, or a police vehicle, as 55 defined in section one hundred thirty-two-a of the vehicle and traffic 56 law; or (B) as specified in paragraph one of this subsection. Every
A. 1178 3 1 such policy that insures a fire department, fire company, as defined in 2 section one hundred of the general municipal law, an ambulance service, 3 [or] a voluntary ambulance service, as defined in section three thousand 4 one of the public health law, or a police agency, as defined in section 5 eight hundred thirty-five of the executive law, shall provide such 6 supplementary uninsured/underinsured motorist insurance coverage no less 7 than the bodily injury liability insurance limits of coverage provided 8 under such policy to an individual employed by or who is a member of the 9 fire department, fire company, ambulance service, [or] voluntary ambu- 10 lance service, or police agency and who is injured by an uninsured or 11 underinsured motor vehicle while acting in the scope of the individual's 12 duties for the fire department, fire company, ambulance service, [or] 13 voluntary ambulance service, or police agency covered under the policy, 14 except with respect to the use or operation by such an individual of a 15 motor vehicle not covered under the policy. 16 § 3. Subdivision 2 of section 388 of the vehicle and traffic law, as 17 amended by chapter 608 of the laws of 1960, is amended to read as 18 follows: 19 2. As used in this section, "vehicle" means a "motor vehicle", as 20 defined in section one hundred twenty-five of this chapter, except fire 21 and police vehicles, self-propelled combines, self-propelled corn and 22 hay harvesting machines and tractors used exclusively for agricultural 23 purposes, and shall also include "semitrailer" and "trailer" as defined 24 in article one of this chapter, whether or not such vehicles are used or 25 operated upon a public highway; provided, however, that for purposes of 26 paragraph two of subdivision (f) of section three thousand four hundred 27 twenty of the insurance law, the term "motor vehicle" shall include fire 28 vehicles, as defined in section one hundred fifteen-a of this chapter, 29 and police vehicles, as defined in section one hundred thirty-two-a of 30 this chapter. For the purpose of this section, self-propelled caterpil- 31 lar or crawler-type equipment while being operated on the contract site, 32 shall not be defined as motor vehicles. 33 § 4. This act shall take effect immediately and shall apply to poli- 34 cies and contracts issued, renewed, modified, altered or amended on or 35 after such effective date.