STATE OF NEW YORK ________________________________________________________________________ 7471 2023-2024 Regular Sessions IN SENATE May 30, 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 supplemental uninsured/underinsured insurance; and to amend chapter 490 of the laws of 2017 amending the insurance law relating to limits on certain supplementary insurance, in relation to extending the provisions ther- eof The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Paragraph 2-a of subsection (f) of section 3420 of the 2 insurance law, as amended by chapter 15 of the laws of 2018, is amended 3 to read as follows: 4 (2-a) (A) Notwithstanding paragraph two of this subsection, this para- 5 graph shall apply to any new insurance policy or contract subject to 6 this subsection entered into, issued, renewed, or amended after the 7 effective date of this paragraph. This paragraph shall not be deemed to 8 apply to [any policies originally entered into prior to the effective 9 date of this paragraph, but renewed after the effective date of this 10 paragraph, or to] any policy of commercial risk insurance. Any [new] 11 insurance policy or contract entered into, issued, renewed, or amended 12 after the effective date of this paragraph shall[, at the option of the 13 first named insured,] also provide supplementary uninsured/underinsured 14 motorists insurance for bodily injury, in an amount equal to the bodily 15 injury liability insurance limits of coverage provided under such motor 16 vehicle liability insurance policy[; provided, however, that a first 17 named insured may exercise the choice] unless the first named insured 18 elects in writing to decline such supplementary uninsured/underinsured 19 motorists insurance or select a lower amount of coverage through a writ- 20 ten waiver signed, or electronically signed, by such insured, subject to 21 the requirements of subparagraph (B) of this paragraph. Supplementary 22 uninsured/underinsured motorists insurance shall provide coverage, in EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD11670-01-3
S. 7471 2 1 any state or Canadian province, if the limits of liability under all 2 bodily injury liability bonds and insurance policies of any other motor 3 vehicle liable for damages are in a lesser amount than the bodily injury 4 liability insurance limits of coverage provided by such policy. Upon 5 written request by any insured covered by supplemental 6 uninsured/underinsured motorists insurance or a duly authorized repre- 7 sentative and upon disclosure by the insured of the insured's bodily 8 injury and supplemental uninsured/underinsured motorists insurance 9 coverage limits, the insurer of any other owner or operator of another 10 motor vehicle against which a claim has been made for damages to the 11 insured shall disclose, within forty-five days of the request, the bodi- 12 ly injury liability insurance limits of its coverage provided under the 13 policy or all bodily injury liability bonds. The time of the insured to 14 make any supplementary uninsured/underinsured motorist claim, shall be 15 tolled during the period the insurer of any other owner or operator of 16 another motor vehicle that may be liable for damages to the insured, 17 fails to so disclose its coverage. As a condition precedent to the obli- 18 gation of the insurer to pay under the supplementary 19 uninsured/underinsured motorists insurance coverage, the limits of 20 liability of all bodily injury liability bonds or insurance policies 21 applicable at the time of the accident shall be exhausted by payment of 22 judgments or settlements. 23 (B) In addition to the notice provided, upon issuance, renewal, or 24 amendment of a policy of motor vehicle liability insurance pursuant to 25 regulations promulgated by the superintendent, insurers shall notify 26 insureds, in writing, [of the availability of] that such policy shall 27 include supplementary uninsured/underinsured motorists coverage in an 28 amount equal to the bodily injury liability insurance limits of coverage 29 provided under such motor vehicle liability insurance policy, unless the 30 insured declines and refuses such insurance or selects a lower amount of 31 coverage in writing. [Such notification shall contain an explanation of 32 supplementary uninsured/underinsured motorists coverage and the amounts 33 in which it can be purchased. Subsequently, a notification of availabil- 34 ity shall be provided at least once a year and may be simplified pursu- 35 ant to regulations promulgated by the superintendent, but must include a 36 concise statement that supplementary uninsured/underinsured motorists 37 coverage is available, an explanation of such coverage, and the coverage 38 limits that can be purchased from the insurer.] If an insured elects to 39 reject supplementary uninsured/underinsured motorist coverage or select 40 a lower amount of supplementary uninsured/underinsured motorist coverage 41 than the bodily injury liability insurance limits of coverage provided 42 under the insured's motor vehicle liability insurance policy, the 43 selection of lower supplementary uninsured/underinsured motorists cover- 44 age or rejection of such coverage must be made on a written or electron- 45 ic form provided to the first named insured. [Such form shall also 46 advise that such coverage is equal to the insured's bodily injury 47 liability limits under the motor vehicle liability insurance policy 48 unless lower limits are requested or the coverage is rejected.] Failure 49 of the insurance carrier to maintain and provide such form shall result 50 in the insurance policy being read to include the maximum supplemental 51 uninsured/underinsured coverage available equal to the liability limits 52 regardless of premiums paid. 53 (i) The form shall also advise that: supplementary 54 uninsured/underinsured motorists coverage (sum coverage) provides insur- 55 ance protection for any person included as insured under your policy if 56 he or she is injured in an accident involving another motor vehicle
S. 7471 3 1 whose owner or operator was negligent but who has either no bodily inju- 2 ry or liability insurance, or less than the insurance you carry. Sum 3 coverage shall be equal to the level of the bodily injury liability 4 coverage of your motor vehicle liability insurance policy unless you 5 sign a waiver requesting lower coverage or declining the coverage. You 6 are urged to carefully consider this decision. We strongly recommend 7 that you protect yourself and purchase the maximum supplemental 8 uninsured/underinsured coverage available. 9 (ii) [An insured's written waiver shall apply to all subsequent 10 renewals of coverage and to all policies or endorsements which extend, 11 change, supersede, or replace an existing policy issued to the named 12 insured, unless changed in writing by any named insured. 13 (iii)] The selection of lower supplementary uninsured/underinsured 14 motorists coverage or the rejection of such coverage by any first named 15 insured shall be binding upon all insureds under such policy. 16 (C) Notwithstanding the provisions of subparagraph (A) of this para- 17 graph, at the insurer's option, the insured's supplementary 18 uninsured/underinsured motorists coverage limit may be required to equal 19 the insured's bodily injury liability insurance limit under the motor 20 vehicle liability insurance policy. 21 (D) An insurer may provide the coverage described in this paragraph 22 available in an umbrella or excess liability policy if the umbrella or 23 excess liability policy expressly provides such coverage. 24 § 2. Section 2 of chapter 490 of the laws of 2017 amending the insur- 25 ance law relating to limits on certain supplementary insurance, as 26 amended by section 1 of item S of subpart B of part XXX of chapter 58 of 27 the laws of 2020, is amended to read as follows: 28 § 2. This act shall take effect on the one hundred eightieth day after 29 it shall have become a law, and shall apply to new insurance policies 30 and contracts issued on and after such effective date and shall expire 31 and be deemed repealed June 30, [2023] 2026. 32 § 3. This act shall take effect immediately; provided, however, that 33 section one of this act shall take effect on the ninetieth day after it 34 shall have become a law and shall apply to all new insurance policies 35 and contracts issued, renewed, or amended on and after such effective 36 date; and provided further that the amendments to paragraph 2-a of 37 subsection (f) of section 3420 of the insurance law made by section one 38 of this act shall not affect the repeal of such paragraph and shall be 39 deemed repealed therewith.