Prohibits financially irresponsible motorists and unlawfully insured motorists from recovery of non-economic losses arising out of the use or operation of a motor vehicle.
Sponsor: Oaks (MS) / Multi-sponsor(s): Burling, Calhoun, Corwin, Finch, Jordan, McDonough, Saladino / Co-sponsor(s): Hawley, Kolb, Montesano, Tobacco
Law Section: Insurance Law / Law: Amd S5104, Ins L
Sponsor: Oaks (MS) / Multi-sponsor(s): Burling, Calhoun, Corwin, Finch, Jordan, McDonough, Saladino / Co-sponsor(s): Hawley, Kolb, Montesano, Tobacco
Law Section: Insurance Law / Law: Amd S5104, Ins L
A5113-2011 Actions
- Mar 20, 2012: held for consideration in insurance
- Jan 4, 2012: referred to insurance
- Feb 11, 2011: referred to insurance
A5113-2011 Text
S T A T E O F N E W Y O R K
5113 2011-2012 Regular Sessions I N ASSEMBLY February 11, 2011
Introduced by M. of A. OAKS, HAWLEY, KOLB, MONTESANO, TOBACCO -- Multi Sponsored by -- M. of A. BURLING, CALHOUN, CORWIN, FINCH, JORDAN, McDONOUGH, SALADINO -- read once and referred to the Committee on Insurance
AN ACT to amend the insurance law, in relation to recovery of non-eco nomic loss
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM BLY, DO ENACT AS FOLLOWS:
Section 1.
Section 5104 of the insurance law is amended by adding a new subsection (d) to read as follows:
(D) A FINANCIALLY IRRESPONSIBLE MOTORIST AND AN UNLAWFULLY INSURED PERSON SHALL NOT HAVE A RIGHT OF RECOVERY FOR NON-ECONOMIC LOSS ARISING OUT OF THE USE OR OPERATION OF A MOTOR VEHICLE OR MOTORCYCLE.
S 2. This act shall take effect January 1, 2012 and shall apply to any cause of action filed on or after such date. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04292-01-1
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