Assembly Bill A11116

Signed By Governor
2009-2010 Legislative Session

Relates to losses sustained as a result of intoxication

download bill text pdf

Sponsored By

Archive: Last Bill Status Via S7845 - Signed by Governor


  • 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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2009-A11116 (ACTIVE) - Details

See Senate Version of this Bill:
S7845
Law Section:
Insurance Law
Laws Affected:
Amd ยง5103, Ins L

2009-A11116 (ACTIVE) - Summary

Relates to losses sustained as a result of an injury resulting from operating a motor vehicle while intoxicated.

2009-A11116 (ACTIVE) - Sponsor Memo

2009-A11116 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  11116

                          I N  A S S E M B L Y

                              May 17, 2010
                               ___________

Introduced  by  M.  of A. DINOWITZ, PEOPLES-STOKES, MORELLE -- read once
  and referred to the Committee on Insurance

AN ACT to amend the insurance law, in relation to losses sustained as  a
  result of intoxication

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

  Section 1. Paragraph 2 of subsection (b) of section 5103 of the insur-
ance law is amended to read as follows:
  (2) Is injured as a result of operating a motor vehicle  while  in  an
intoxicated  condition  or  while his ability to operate such vehicle is
impaired by the use of a drug  within  the  meaning  of  section  eleven
hundred  ninety-two  of  the vehicle and traffic law; PROVIDED, HOWEVER,
THAT AN INSURER SHALL NOT EXCLUDE SUCH PERSON FROM COVERAGE WITH RESPECT
TO NECESSARY EMERGENCY HEALTH SERVICES RENDERED IN A  GENERAL  HOSPITAL,
AS  DEFINED IN SUBDIVISION TEN OF SECTION TWO THOUSAND EIGHT HUNDRED ONE
OF THE PUBLIC HEALTH LAW, INCLUDING AMBULANCE SERVICES ATTENDANT THERETO
AND RELATED MEDICAL SCREENING.  NOTWITHSTANDING ANY OTHER LAW, WHERE THE
COVERED PERSON IS FOUND TO HAVE VIOLATED SECTION ELEVEN HUNDRED  NINETY-
TWO  OF  THE  VEHICLE AND TRAFFIC LAW, THE INSURER HAS A CAUSE OF ACTION
FOR THE AMOUNT OF FIRST PARTY BENEFITS PAID OR PAYABLE ON BEHALF OF SUCH
COVERED PERSON AGAINST SUCH COVERED PERSON.
  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law and  shall  apply  to  all  policies  issued,
renewed, modified, altered or amended on or after such date.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD17261-01-0


              

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