A4172-2011 Actions

• Jan 4, 2012: referred to insurance
• Feb 2, 2011: referred to insurance

A4172-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         4172
 2011-2012 Regular Sessions
 I N  ASSEMBLY
 February 2, 2011
 
 Introduced  by M. of A. BARCLAY, SAYWARD, CALHOUN, OAKS, FINCH -- Multi
 Sponsored by -- M. of A. BURLING, CROUCH, GIGLIO,  HAWLEY,  McDONOUGH,
 RABBITT,  REILICH -- read once and referred to the Committee on Insur
 ance
 

AN ACT to amend the insurance law, in relation to cancellation of  acci
 dent and health insurance
 

THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section 1. Paragraph 1 of subsection (d) of section 3216 of the insur
 ance law is amended by adding a new subparagraph (N) to read as follows:

 (N) CANCELLATION: THE INSURED MAY AT ANY TIME, UPON  AT  LEAST  TWENTY
 DAYS PRIOR WRITTEN NOTICE TO THE INSURER, CANCEL THIS POLICY. SUCH WRIT
 TEN  NOTICE  OF  CANCELLATION  SHALL  BE DELIVERED TO THE INSURER OR ITS
 AGENT, OR MAILED TO THE INSURER OR ITS AGENT BY CERTIFIED MAIL.  IN  THE
 EVENT  OF  CANCELLATION,  THE INSURER SHALL PROMPTLY RETURN THE UNEARNED
 PORTION OF ANY PREMIUM PAID, COMPUTED FROM THE  EFFECTIVE  DATE  OF  THE
 CANCELLATION  AND  BY  USE  OF THIS SHORT-RATE TABLE LAST FILED WITH THE
 STATE OFFICIAL HAVING SUPERVISION OF INSURANCE IN THE STATE IN WHICH THE
 INSURED RESIDED WHEN THE  POLICY  WAS  ISSUED.  PROVIDED,  HOWEVER,  THE
 PROVISIONS  OF  THIS SUBPARAGRAPH SHALL NOT APPLY TO ANY POLICY DURING A
 PREMIUM YEAR IN WHICH THE INSURER HAS  PAID  A  CLAIM  OR  CLAIMS  WHICH
 EXCEED  FIFTY  PERCENT OF THE PREMIUM FOR SUCH POLICY. NO CLAIM FOR LOSS
 INCURRED OR DISABILITY (AS DEFINED IN THE POLICY) FOR THE  PERIOD  PRIOR
 TO  CANCELLATION  OF  THE  POLICY  SHALL  BE VALID AFTER THE INSURED HAS
 RECEIVED THE UNEARNED PORTION OF ANY PREMIUM PAID, COMPUTED  IN  ACCORD
 ANCE WITH THE PROVISIONS OF THIS SUBPARAGRAPH.
 

S  2. This act shall take effect on the first of January next succeed
 ing the date on which it shall have become a law.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD08681-01-1

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