Assembly Bill A9026

2013-2014 Legislative Session

Enacts provisions to reduce the incidence of motor vehicle insurance fraud

download bill text pdf

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Archive: Last Bill Status - In Assembly Committee


  • 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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2013-A9026 (ACTIVE) - Details

See Senate Version of this Bill:
S2373
Current Committee:
Assembly Insurance
Law Section:
Insurance Law
Laws Affected:
Amd §§401, 405 & 2133, Ins L; amd §§170.10, 170.15, 176.05 & 176.15, add §175.50, Pen L; add §201-a, amd §§401 & 502, rpld §502 sub 1, V & T L
Versions Introduced in Other Legislative Sessions:
2011-2012: S4847
2015-2016: A2033, S1146
2017-2018: A5144, S3665
2019-2020: A4032

2013-A9026 (ACTIVE) - Summary

Grants the superintendent of financial services authority to investigate fraudulent activities, such as motor vehicle operators who drive with no insurance coverage, and those who misrepresent their principal place of residence or where their motor vehicle is principally garaged and operated; authorizes such superintendent to accept reports of suspected fraudulent insurance actions; requires insurance companies and self-insurers to report incidents of insurance fraud to the department of financial services; includes within the class D felony of forgery in the second degree, the forgery of a certificate of insurance or an insurance identification card

2013-A9026 (ACTIVE) - Bill Text download pdf

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

                                  9026

                          I N  A S S E M B L Y

                             March 10, 2014
                               ___________

Introduced by M. of A. WEPRIN -- read once and referred to the Committee
  on Insurance

AN  ACT  to  amend the insurance law, the penal law, and the vehicle and
  traffic law, in relation to insurance fraud; and to repeal subdivision
  1 of section 502 of the vehicle and traffic law relating  to  applica-
  tions for licenses

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

  Section 1. Section 401 of the insurance law is amended by adding a new
subsection (d) to read as follows:
  (D) THE SUPERINTENDENT SHALL HAVE BROAD  AUTHORITY  PURSUANT  TO  THIS
CHAPTER  TO INVESTIGATE FRAUDULENT ACTIVITIES WITH REGARD TO INDIVIDUALS
THAT OPERATE MOTOR VEHICLES WITH NO INSURANCE COVERAGE, AND MOTOR  VEHI-
CLE  INSUREDS  WHO  MISREPRESENT THE PRINCIPAL PLACE WHERE INSURED MOTOR
VEHICLES ARE GARAGED AND  OPERATED.  OPERATING  MOTOR  VEHICLES  WITHOUT
PROPER  INSURANCE IN VIOLATION OF ARTICLE SIX OF THE VEHICLE AND TRAFFIC
LAW IS A SIGNIFICANT DANGER TO THE PUBLIC BECAUSE DRIVERS ARE UNABLE  TO
COMPENSATE  INDIVIDUALS FOR PERSONAL INJURIES, DEATH AND PROPERTY DAMAGE
THEY INFLICT UPON OTHERS.    FURTHERMORE,  MOTOR  VEHICLE  INSUREDS  WHO
MISREPRESENT  THE  PRINCIPAL  PLACE  WHERE SUCH VEHICLES ARE GARAGED AND
OPERATED IMPROPERLY SHIFT THEIR HIGH LIABILITY EXPOSURE COSTS  TO  OTHER
MOTOR  VEHICLE  INSUREDS  THAT  DO NOT FACE SUCH HIGH LIABILITY RISK AND
INSURANCE PREMIUM COSTS.
  S 2. Subsection (a) of section 405 of the insurance law, as amended by
section 7 of part A of chapter 62 of the laws of  2011,  is  amended  to
read as follows:
  (a)  Any  person  licensed or registered pursuant to the provisions of
this chapter, and any person engaged in the  business  of  insurance  or
life  settlement  in this state who is exempted from compliance with the
licensing requirements of this chapter, including  the  state  insurance
fund  of  this state, who has reason to believe that an insurance trans-
action or life settlement act may be fraudulent, or has knowledge that a
fraudulent insurance transaction or fraudulent life  settlement  act  is
about  to take place, or has taken place shall, within thirty days after

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

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