NY State Senate Bill 2015-S1761B

Senate Bill S1761B

Vetoed By Governor

2015-2016 Legislative Session

Amending the insurance law by expanding the categories of policies classified as blanket accident policies

download bill text pdf

Archive: Last Bill Status Via A1153 - Vetoed by Governor

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Vetoed By Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Dec 11, 2015	tabled vetoed memo.277
Nov 30, 2015	delivered to governor
Jun 09, 2015	returned to assembly passed senate substituted for s1761b
Jun 09, 2015	substituted by a1153a
Jun 01, 2015	amended on third reading 1761b
Apr 23, 2015	advanced to third reading
Apr 22, 2015	2nd report cal.
Apr 21, 2015	1st report cal.322
Feb 03, 2015	print number 1761a
Feb 03, 2015	amend and recommit to insurance
Jan 14, 2015	referred to insurance

Votes

- Jun 9, 2015 - Floor Vote
  A1153
  
  62
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 9, 2015
      
      aye (62)
      
      Addabbo Jr.
      
      Amedore
      
      Avella
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Carlucci
      
      Comrie
      
      Croci
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Espaillat
      
      Farley
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Hassell-Thompson
      
      Hoylman-Sigal
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Little
      
      Marcellino
      
      Marchione
      
      Martins
      
      Montgomery
      
      Murphy
      
      Nozzolio
      
      O'Mara
      
      Ortt
      
      Panepinto
      
      Parker
      
      Peralta
      
      Perkins
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sampson
      
      Sanders Jr.
      
      Savino
      
      Serino
      
      Serrano
      
      Seward
      
      Skelos
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Valesky
      
      Venditto
      
      Young
      
      excused (1)
      
      Libous
  Apr 21, 2015 - Insurance Committee Vote
  S1761B
  
  19
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Insurance Committee Vote: Apr 21, 2015
      
      aye (19)
      
      Avella
      
      Breslin
      
      Carlucci
      
      Espaillat
      
      Flanagan
      
      Golden
      
      Kennedy
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Martins
      
      O'Mara
      
      Panepinto
      
      Parker
      
      Sanders Jr.
      
      Seward
      
      Venditto
      
      Young

Bill Amendments

Original

B (Active)

2015-S1761 - Details

See Assembly Version of this Bill:: A1153
Law Section:: Insurance Law
Laws Affected:: Amd §4237, Ins L
Versions Introduced in 2013-2014 Legislative Session:: S6670, A9981

2015-S1761 - Summary

Expands the categories of policies classified as blanket accident policies.

2015-S1761 - Sponsor Memo

                                BILL NUMBER:S1761

TITLE OF BILL:  An act to amend the insurance law, in relation to
blanket group accident and health insurance coverage

PURPOSE: To update the insurance law by expanding existing statutory
blanket group eligibility provisions.

SUMMARY OF PROVISIONS: Section 1 of the bill expands the listing of
types of eligible groups that could be covered by blanket group
accident and health insurance. These would include, but not be limited
to: transportation operators, first aid and civil defense groups,
sports teams or camp operators, religious, charitable, recreational,
educational or civic organizations, restaurants, hotels, motels,
resorts or innkeepers, HMOs, healthcare providers or arrangers of
health services, banks, associations and financial institutions,
travel agencies or travel service providers, entertainment, theater,
arts or event production companies, or any other risk or class of
risks approved as eligible by the Superintendent of Financial
Services.

Section 2 of the bill sets forth the effective date.

JUSTIFICATION: The bill would modernize the insurance law to address
current trends in the insurance marketplace and correct deficiencies
that inhibit the underwriting of blanket groups in New York. Such

updated provisions would also allow for the underwriting of national
blanket group insurance programs.

New York is one of a few states whose insurance laws do not grant
eligibility for blanket group A&H coverage to religious, charitable,
educational or civic (RCEC) organizations, or contain general grants
of authority to their Commissioners of Insurance to add other eligible
organizations without specificity. This bill would remedy the
situation in New York by providing needed flexibility to address
future marketplace needs, by granting the Superintendent of the
Department of Financial Services discretionary authority to approve
other eligible groups in the future that are not specifically
enumerated in statute.

The bill is entirely consumer-friendly, in that it expands eligibility
to additional worthy organizations that seek blanket group accident
and health insurance coverage for their respective passengers,
employees, workers, members, campers, volunteers, supervisors,
officials, participants, patrons, guests, donors, surrogates, account
holders, debtors, guarantors, purchasers, travelers, audience, and
contestants, as the case may be. Expanding eligibility to such
enumerated organizations is thus necessary and appropriate, as it
would allow them to obtain needed insurance coverage in the voluntary
market to guard against unforeseen hazards in their various operations
and activities The bill presents a rare opportunity for a "win-win"
situation, as it is good for the State and its political subdivisions,
its residents and consumers, together with commercial and
not-for-profit organizations, insurance policyholders, carriers and
producers

LEGISLATIVE HISTORY: S 6670 of 2014


FISCAL IMPLICATIONS: None

EFFECTIVE DATE: Immediately.

2015-S1761 - Bill Text download pdf

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

                                  1761

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 14, 2015
                               ___________

Introduced  by  Sen.  SEWARD -- 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 blanket group accident
  and health insurance coverage

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

  Section  1.  Subsection  (a)  of  section  4237  of the insurance law,
subparagraph (F) of paragraph 3 as amended by chapter 369 of the laws of
1985, is amended to read as follows:
  (a) (1) Any policy or contract of insurance against  death  or  injury
resulting  from  accident which insures a group of persons conforming to
the requirements of one of the subparagraphs (A) through  [(F)]  (M)  of
paragraph  three  [hereof]  OF THIS SUBSECTION shall be deemed a blanket
accident policy.
  (2) Any policy or contract which insures a group of persons conforming
to the requirements of subparagraph (C), (E) or [(F)] (M)  of  paragraph
three  [hereof]  OF THIS SUBSECTION against total or partial disability,
excluding such disability from  accident,  shall  be  deemed  a  blanket
health insurance policy.
  (3) Any policy or contract of insurance which combines the coverage of
blanket  accident  insurance  and  of blanket health insurance on such a
group of persons shall be deemed a blanket accident and health insurance
policy:
  (A) Under a policy or contract  issued  to  any  railroad,  steamship,
motorbus  or airplane carrier of passengers OR OWNER, OPERATOR OR LESSEE
OF ANY MEANS OF TRANSPORTATION, which shall be deemed the  policyholder,
a  group  defined  as  all persons who may become such passengers may be
insured against death or bodily injury either while, or as a result  of,
being such passengers.
  (B)  Under  a  policy  or contract issued to an employer, who shall be
deemed the policyholder, covering any  group  of  employees  defined  by

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06334-01-5

S. 1761                             2

reference  to  [exceptional]  hazards  incident  to [such employment] AN
ACTIVITY, ACTIVITIES, OR OPERATIONS OF THE POLICYHOLDER,  insuring  such
employee  against death or bodily injury resulting while, or from, being
exposed  to  such [exceptional] hazards.  DEPENDENTS OF THE EMPLOYEE AND
GUESTS OF THE EMPLOYER OR EMPLOYEES MAY ALSO BE INCLUDED  WHERE  EXPOSED
TO THE SAME HAZARDS.
  (C)  Under  a policy or contract issued to a college, school, or other
institution of learning or to the head  or  principal  thereof,  who  or
which shall be deemed the policyholder.
  (D) Under a policy or contract issued in the name of
  (i) any county, city, town, village or fire district,
  (ii)  any duly organized fire department, or fire company, of any such
municipal corporation or fire district, FIRST  AID,  CIVIL  DEFENSE,  OR
OTHER  SUCH  GROUP whether or not any such corporation has been incorpo-
rated under any general or special law,
  (iii) any fire  corporation  incorporated  under  or  subject  to  the
provisions  of section one thousand four hundred two of the not-for-pro-
fit corporation law, or any general or special law, if such  corporation
is  by  law under the general control of, or recognized as a fire corpo-
ration by, the  governing  board  of  a  city,  town,  village  or  fire
district,  which  municipal corporation, fire district, fire department,
fire company or fire corporation, as the case may be,  shall  be  deemed
the policyholder, covering all, but not less than twenty-five, volunteer
members  of  such  department, company or corporation. A district corpo-
ration which has the general powers of and operates as a  fire  district
shall  be considered a fire district for the purposes of this paragraph.
A volunteer fireman whose services are offered and accepted pursuant  to
the  provisions  of  section two hundred nine-i of the general municipal
law shall be deemed a volunteer member of any such fire department, fire
company or fire corporation except for the purpose  of  determining  the
minimum number of twenty-five volunteer members for which any such poli-
cy or contract must provide coverage. Any such policy or contract issued
to  a  municipal  corporation or a fire district shall be subject to any
limitations on the amount, coverage or benefits as are set forth in  any
applicable general, special or local law or city or village charter.
  (E)  Under a policy or contract issued to and in the name of an incor-
porated or unincorporated association of persons having a common  inter-
est  or  calling,  which  association  shall be deemed the policyholder,
having not less than fifty members, covering all OR  ANY  GROUP  OF  the
members  of  such  association or if part or all of the premium is to be
derived from funds contributed by the insured members and if the  oppor-
tunity  to  take such insurance is offered to all eligible members, then
such policy must cover not less than seventy-five percent of  any  class
or  classes of members determined by conditions pertaining to membership
in the association.
  (F) UNDER A POLICY OR CONTRACT ISSUED TO A SPORTS TEAM OR TO A CAMP OR
SPONSOR THEREOF, WHICH TEAM, CAMP OR SPONSOR SHALL BE DEEMED THE POLICY-
HOLDER, COVERING MEMBERS, CAMPERS, EMPLOYEES, VOLUNTEERS, SUPERVISORS OR
OFFICIALS.
  (G) UNDER A POLICY OR CONTRACT ISSUED TO ANY INCORPORATED OR  UNINCOR-
PORATED RELIGIOUS, CHARITABLE, RECREATIONAL, EDUCATIONAL OR CIVIC ORGAN-
IZATION, OR BRANCH THEREOF, WHICH ORGANIZATION SHALL BE DEEMED THE POLI-
CYHOLDER,  COVERING  ANY  GROUP  OF MEMBERS, PARTICIPANTS, OR VOLUNTEERS
DEFINED BY REFERENCE TO HAZARDS INCIDENT TO ANY ACTIVITY  OR  ACTIVITIES
OR  OPERATIONS  SPONSORED  OR  SUPERVISED  BY OR ON THE PREMISES OF SUCH
POLICYHOLDER.

S. 1761                             3

  (H) UNDER A POLICY OR CONTRACT ISSUED TO A RESTAURANT,  HOTEL,  MOTEL,
RESORT, INNKEEPER OR OTHER GROUP WITH A HIGH DEGREE OF POTENTIAL CUSTOM-
ER  LIABILITY,  WHICH SHALL BE DEEMED THE POLICYHOLDER, COVERING PATRONS
OR GUESTS.
  (I)  UNDER  A  POLICY  OR CONTRACT ISSUED TO A HEALTH CARE PROVIDER OR
OTHER ARRANGER OF HEALTH SERVICES, WHICH SHALL BE DEEMED THE POLICYHOLD-
ER, COVERING PATIENTS, DONORS, OR SURROGATES PROVIDED  THE  COVERAGE  IS
NOT MADE A CONDITION OF RECEIVING CARE.
  (J)  UNDER  A POLICY OR CONTRACT ISSUED TO A BANK, ASSOCIATION, FINAN-
CIAL OR OTHER INSTITUTION, VENDOR, OR TO A PARENT HOLDING COMPANY, OR TO
THE TRUSTEE, TRUSTEES OR AGENT DESIGNATED BY ONE OR MORE BANKS,  ASSOCI-
ATIONS,  FINANCIAL  OR  OTHER  INSTITUTIONS,  OR VENDORS, WHICH SHALL BE
DEEMED THE POLICYHOLDER, COVERING ACCOUNTHOLDERS, DEBTORS, GUARANTORS OR
PURCHASERS.
  (K) UNDER A POLICY OR CONTRACT ISSUED TO  A  TRAVEL  AGENCY  OR  OTHER
ORGANIZATION  THAT  PROVIDES  TRAVEL  RELATED  SERVICES, WHICH AGENCY OR
ORGANIZATION SHALL BE DEEMED THE POLICYHOLDER, TO COVER ALL OR ANY GROUP
OF PERSONS FOR WHOM TRAVEL RELATED SERVICES ARE PROVIDED.
  (L) AN ENTERTAINMENT, THEATER, ARTS OR  EVENT  PRODUCTION  COMPANY  OR
ORGANIZATION,  WHICH  SHALL  BE DEEMED THE POLICYHOLDER, COVERING ALL OR
ANY GROUP OF PARTICIPANTS, VOLUNTEERS,  AUDIENCE  MEMBERS,  CONTESTANTS,
EMPLOYEES  OR WORKERS ENGAGED IN ANY ACTIVITY, ACTIVITIES, OR OPERATIONS
OF THE POLICYHOLDER.
  (M) Under a policy  or  contract  issued  to  insure;  (i)  any  other
[substantially  similar  group]  RISK  OR CLASS OF RISKS approved by the
superintendent as eligible for insurance under a  blanket  accident  and
health  insurance  policy or contract; THE DISCRETION OF THE SUPERINTEN-
DENT MAY BE EXERCISED ON AN INDIVIDUAL RISK BASIS OR CLASS OF RISKS,  OR
BOTH;  or  (ii)  any  other  group approved by the superintendent upon a
finding that: (I) there is a common enterprise  or  economic  or  social
affinity  or  relationship;  (II) the premiums charged are reasonable in
relation to the benefits provided; and (III) the issuance of the  policy
would  result  in  economies  of acquisition or administration, would be
actuarially sound, and would not be contrary to the best interest of the
public. The superintendent shall promulgate  regulations  setting  forth
any  such  groups that have been accepted as qualifying pursuant to this
subparagraph.
  S 2. This act shall take effect immediately.

co-Sponsors

2015-S1761A - Details

See Assembly Version of this Bill:: A1153
Law Section:: Insurance Law
Laws Affected:: Amd §4237, Ins L
Versions Introduced in 2013-2014 Legislative Session:: S6670, A9981

2015-S1761A - Summary

Expands the categories of policies classified as blanket accident policies.

2015-S1761A - Sponsor Memo

                                BILL NUMBER:S1761A

TITLE  OF  BILL:    An  act to amend the insurance law, in relation to
blanket group accident and health insurance coverage

SUMMARY OF PROVISIONS:

Section 1 of the bill expands the listing of types of eligible  groups
that  could be covered by blanket group accident and health insurance.
These would include, but not be limited to: transportation  operators,
first  aid  and  civil defense groups, sports teams or camp operators,
religious,   charitable,   recreational,    educational    or    civic
organizations,  restaurants,  hotels,  motels,  resorts or innkeepers,
banks, associations and financial  institutions,  travel  agencies  or
travel  service  providers,  entertainment,  theater,  arts  or  event
production companies, or any other risk or class of risks approved  as
eligible by the Superintendent of Financial Services.

Section 2 of the bill sets forth the effective date.

JUSTIFICATION:

The  bill  would modernize the insurance law to address current trends
in the insurance marketplace and correct deficiencies that inhibit the
underwriting of blanket groups in New York.  Such  updated  provisions
would  also  allow  for  the  underwriting  of  national blanket group

insurance programs.

New York is one of a few states whose  insurance  laws  do  not  grant
eligibility  for  blanket group A&H coverage to religious, charitable,
educational or civic (RCEC) organizations, or contain  general  grants
of authority to their Commissioners of Insurance to add other eligible
organizations   without   specificity.  This  bill  would  remedy  the
situation in New York  by  providing  needed  flexibility  to  address
future  marketplace  needs,  by  granting  the  Superintendent  of the
Department of Financial Services discretionary  authority  to  approve
other  eligible  groups  in  the  future  that  are  not  specifically
enumerated in statute.

The bill is entirely consumer-friendly, in that it expands eligibility
to additional worthy organizations that seek  blanket  group  accident
and   health  insurance  coverage  for  their  respective  passengers,
employees,  workers,  members,   campers,   volunteers,   supervisors,
officials,   participants,   patrons,   guests,   donors,  surrogates,
accountholders, debtors, guarantors, purchasers, travelers,  audience,
and  contestants,  as  the  case may be. Expanding eligibility to such
enumerated organizations is thus  necessary  and  appropriate,  as  it
would  allow them to obtain needed insurance coverage in the voluntary
market to guard against unforeseen hazards in their various operations
and activities. The bill presents a rare opportunity for  a  "win-win"
situation, as it is good for the State and its political subdivisions,
its   residents   and   consumers,   together   with   commercial  and
not-for-profit organizations, insurance  policyholders,  carriers  and
producers.

LEGISLATIVE HISTORY:


Similar to S.6670 of 2014

FISCAL IMPLICATIONS:

None

EFFECTIVE DATE:

Immediately

2015-S1761A - Bill Text download pdf

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

                                 1761--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 14, 2015
                               ___________

Introduced  by  Sen.  SEWARD -- read twice and ordered printed, and when
  printed to be committed to the Committee  on  Insurance  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN ACT to amend the insurance law, in relation to blanket group accident
  and health insurance coverage

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

  Section 1. Subsection (a)  of  section  4237  of  the  insurance  law,
subparagraph (F) of paragraph 3 as amended by chapter 369 of the laws of
1985, is amended to read as follows:
  (a)  (1)  Any  policy or contract of insurance against death or injury
resulting from accident which insures a group of persons  conforming  to
the  requirements  of  one of the subparagraphs (A) through [(F)] (M) of
paragraph three hereof shall be deemed a blanket accident policy.
  (2) Any policy or contract which insures a group of persons conforming
to the requirements of subparagraph (C), (E) or [(F)] (M)  of  paragraph
three  hereof  against total or partial disability, excluding such disa-
bility from accident, shall be deemed a blanket health insurance policy.
  (3) Any policy or contract of insurance which combines the coverage of
blanket accident insurance and of blanket health  insurance  on  such  a
group of persons shall be deemed a blanket accident and health insurance
policy:
  (A)  Under  a  policy  or  contract issued to any railroad, steamship,
motorbus or airplane carrier of passengers OR OWNER, OPERATOR OR  LESSEE
OF  ANY MEANS OF TRANSPORTATION, which shall be deemed the policyholder,
a group defined as all persons who may become  such  passengers  may  be
insured  against death or bodily injury either while, or as a result of,
being such passengers.
  (B) Under a policy or contract issued to an  employer,  who  shall  be
deemed  the  policyholder,  covering  any  group of employees defined by

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06334-02-5

S. 1761--A                          2

reference to [exceptional] hazards  incident  to  [such  employment]  AN
ACTIVITY,  ACTIVITIES,  OR OPERATIONS OF THE POLICYHOLDER, insuring such
employee against death or bodily injury resulting while, or from,  being
exposed  to  such [exceptional] hazards.  DEPENDENTS OF THE EMPLOYEE AND
GUESTS OF THE EMPLOYER OR EMPLOYEES MAY ALSO BE INCLUDED  WHERE  EXPOSED
TO THE SAME HAZARDS.
  (C)  Under  a policy or contract issued to a college, school, or other
institution of learning or to the head  or  principal  thereof,  who  or
which shall be deemed the policyholder.
  (D) Under a policy or contract issued in the name of
  (i) any county, city, town, village or fire district,
  (ii)  any duly organized fire department, or fire company, of any such
municipal corporation or fire district, FIRST  AID,  CIVIL  DEFENSE,  OR
OTHER  SUCH  GROUP whether or not any such corporation has been incorpo-
rated under any general or special law,
  (iii) any fire  corporation  incorporated  under  or  subject  to  the
provisions  of section one thousand four hundred two of the not-for-pro-
fit corporation law, or any general or special law, if such  corporation
is  by  law under the general control of, or recognized as a fire corpo-
ration by, the  governing  board  of  a  city,  town,  village  or  fire
district,  which  municipal corporation, fire district, fire department,
fire company or fire corporation, as the case may be,  shall  be  deemed
the policyholder, covering all, but not less than twenty-five, volunteer
members  of  such  department, company or corporation. A district corpo-
ration which has the general powers of and operates as a  fire  district
shall  be considered a fire district for the purposes of this paragraph.
A volunteer fireman whose services are offered and accepted pursuant  to
the  provisions  of  section two hundred nine-i of the general municipal
law shall be deemed a volunteer member of any such fire department, fire
company or fire corporation except for the purpose  of  determining  the
minimum number of twenty-five volunteer members for which any such poli-
cy or contract must provide coverage. Any such policy or contract issued
to  a  municipal  corporation or a fire district shall be subject to any
limitations on the amount, coverage or benefits as are set forth in  any
applicable general, special or local law or city or village charter.
  (E)  Under a policy or contract issued to and in the name of an incor-
porated or unincorporated association of persons having a common  inter-
est  or  calling,  which  association  shall be deemed the policyholder,
having not less than fifty members, covering all OR  ANY  GROUP  OF  the
members  of  such  association or if part or all of the premium is to be
derived from funds contributed by the insured members and if the  oppor-
tunity  to  take such insurance is offered to all eligible members, then
such policy must cover not less than seventy-five percent of  any  class
or  classes of members determined by conditions pertaining to membership
in the association.
  (F) UNDER A POLICY OR CONTRACT ISSUED TO A SPORTS TEAM OR TO A CAMP OR
SPONSOR THEREOF, WHICH TEAM, CAMP OR SPONSOR SHALL BE DEEMED THE POLICY-
HOLDER, COVERING MEMBERS, CAMPERS, EMPLOYEES, VOLUNTEERS, SUPERVISORS OR
OFFICIALS.
  (G) UNDER A POLICY OR CONTRACT ISSUED TO ANY INCORPORATED OR  UNINCOR-
PORATED RELIGIOUS, CHARITABLE, RECREATIONAL, EDUCATIONAL OR CIVIC ORGAN-
IZATION, OR BRANCH THEREOF, WHICH ORGANIZATION SHALL BE DEEMED THE POLI-
CYHOLDER,  COVERING  ANY  GROUP  OF MEMBERS, PARTICIPANTS, OR VOLUNTEERS
DEFINED BY REFERENCE TO HAZARDS INCIDENT TO ANY ACTIVITY  OR  ACTIVITIES
OR  OPERATIONS  SPONSORED  OR  SUPERVISED  BY OR ON THE PREMISES OF SUCH
POLICYHOLDER.

S. 1761--A                          3

  (H) UNDER A POLICY OR CONTRACT ISSUED TO A RESTAURANT,  HOTEL,  MOTEL,
RESORT,  OR  INNKEEPER, WHICH SHALL BE DEEMED THE POLICYHOLDER, COVERING
PATRONS OR GUESTS.
  (I)  UNDER  A POLICY OR CONTRACT ISSUED TO A BANK, ASSOCIATION, FINAN-
CIAL OR OTHER INSTITUTION, VENDOR, OR TO A PARENT HOLDING COMPANY, OR TO
THE TRUSTEE, TRUSTEES OR AGENT DESIGNATED BY ONE OR MORE BANKS,  ASSOCI-
ATIONS,  FINANCIAL  OR  OTHER  INSTITUTIONS,  OR VENDORS, WHICH SHALL BE
DEEMED THE POLICYHOLDER, COVERING ACCOUNTHOLDERS, DEBTORS, GUARANTORS OR
PURCHASERS.
  (J) UNDER A POLICY OR CONTRACT ISSUED TO  A  TRAVEL  AGENCY  OR  OTHER
ORGANIZATION  THAT  PROVIDES  TRAVEL  RELATED  SERVICES, WHICH AGENCY OR
ORGANIZATION SHALL BE DEEMED THE POLICYHOLDER, TO COVER ALL OR ANY GROUP
OF PERSONS FOR WHOM TRAVEL RELATED SERVICES ARE PROVIDED.
  (K) AN ENTERTAINMENT, THEATER, ARTS OR  EVENT  PRODUCTION  COMPANY  OR
ORGANIZATION,  WHICH  SHALL  BE DEEMED THE POLICYHOLDER, COVERING ALL OR
ANY GROUP OF PARTICIPANTS, VOLUNTEERS,  AUDIENCE  MEMBERS,  CONTESTANTS,
EMPLOYEES  OR WORKERS ENGAGED IN ANY ACTIVITY, ACTIVITIES, OR OPERATIONS
OF THE POLICYHOLDER.
  (L) UNDER A POLICY OR CONTRACT ISSUED TO AN  ESTABLISHED  ORGANIZATION
WHETHER  INCORPORATED  OR NOT, HAVING COMMUNITY RECOGNITION AND OPERATED
FOR THE WELFARE OF THE COMMUNITY AND ITS MEMBERS  AND  NOT  FOR  PROFIT,
WHICH  SHALL BE DEEMED THE POLICYHOLDER AND COVERING ALL VOLUNTEER WORK-
ERS WHO SERVE WITHOUT PECUNIARY COMPENSATION  AND  THE  MEMBERS  OF  THE
ORGANIZATION AGAINST LOSS FROM ACCIDENTS THAT OCCUR WHILE ENGAGED IN THE
ACTUAL PERFORMANCE OF DUTIES ON BEHALF OF SUCH ORGANIZATION OR IN ACTIV-
ITIES THEREOF.
  (M)  Under  a  policy  or  contract  issued  to  insure; (i) any other
[substantially similar group] RISK OR CLASS OF  RISKS  approved  by  the
superintendent  as  eligible  for insurance under a blanket accident and
health insurance policy or contract; THE DISCRETION OF  THE  SUPERINTEN-
DENT  MAY BE EXERCISED ON AN INDIVIDUAL RISK BASIS OR CLASS OF RISKS, OR
BOTH; or (ii) any other group approved  by  the  superintendent  upon  a
finding  that:  (I)  there  is a common enterprise or economic or social
affinity or relationship; (II) the premiums charged  are  reasonable  in
relation  to the benefits provided; and (III) the issuance of the policy
would result in economies of acquisition  or  administration,  would  be
actuarially sound, and would not be contrary to the best interest of the
public.  The  superintendent  shall promulgate regulations setting forth
any such groups that have been accepted as qualifying pursuant  to  this
subparagraph.
  S 2. This act shall take effect immediately.

co-Sponsors

2015-S1761B (ACTIVE) - Details

See Assembly Version of this Bill:: A1153
Law Section:: Insurance Law
Laws Affected:: Amd §4237, Ins L
Versions Introduced in 2013-2014 Legislative Session:: S6670, A9981

2015-S1761B (ACTIVE) - Summary

Expands the categories of policies classified as blanket accident policies.

2015-S1761B (ACTIVE) - Sponsor Memo

2015-S1761B (ACTIVE) - Bill Text download pdf

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

                                 1761--B
    Cal. No. 322

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 14, 2015
                               ___________

Introduced  by  Sens.  SEWARD, LARKIN -- read twice and ordered printed,
  and when printed to be committed to  the  Committee  on  Insurance  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee -- reported favorably from said  commit-
  tee,  ordered  to first and second report, ordered to a third reading,
  amended and ordered reprinted, retaining its place  in  the  order  of
  third reading

AN ACT to amend the insurance law, in relation to blanket group accident
  and health insurance coverage

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

  Section 1. Subsection (a)  of  section  4237  of  the  insurance  law,
subparagraph (F) of paragraph 3 as amended by chapter 369 of the laws of
1985, is amended to read as follows:
  (a)  (1)  Any  policy or contract of insurance against death or injury
resulting from accident which insures a group of persons  conforming  to
the  requirements  of  one of the subparagraphs (A) through [(F)] (I) of
paragraph three [hereof] OF THIS SUBSECTION shall be  deemed  a  blanket
accident policy.
  (2) Any policy or contract which insures a group of persons conforming
to  the  requirements of subparagraph (C), (E) or [(F)] (I) of paragraph
three [hereof] OF THIS SUBSECTION against total or  partial  disability,
excluding  such  disability  from  accident,  shall  be deemed a blanket
health insurance policy.
  (3) Any policy or contract of insurance which combines the coverage of
blanket accident insurance and of blanket health  insurance  on  such  a
group of persons shall be deemed a blanket accident and health insurance
policy:
  (A)  Under  a  policy  or  contract issued to any railroad, steamship,
motorbus or airplane carrier of passengers which  shall  be  deemed  the
policyholder, a group defined as all persons who may become such passen-

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

                                                           LBD06334-06-5

S. 1761--B                          2

gers may be insured against death or bodily injury either while, or as a
result of, being such passengers.
  (B)  Under  a  policy  or contract issued to an employer, who shall be
deemed the policyholder, covering any  group  of  employees  defined  by
reference  to  [exceptional]  hazards  incident  to [such employment] AN
ACTIVITY, ACTIVITIES, OR OPERATIONS OF THE POLICYHOLDER,  insuring  such
employee  against death or bodily injury resulting while, or from, being
exposed to such [exceptional] hazards.  DEPENDENTS OF THE  EMPLOYEE  AND
GUESTS  OF  THE EMPLOYER OR EMPLOYEES MAY ALSO BE INCLUDED WHERE EXPOSED
TO THE SAME HAZARDS.
  (C) Under a policy or contract issued to a college, school,  or  other
institution  of  learning  or  to  the head or principal thereof, who or
which shall be deemed the policyholder.
  (D) Under a policy or contract issued in the name of
  (i) any county, city, town, village or fire district,
  (ii) any duly organized fire department, or fire company, of any  such
municipal  corporation  or  fire  district, FIRST AID, CIVIL DEFENSE, OR
OTHER SUCH GROUP whether or not any such corporation has  been  incorpo-
rated under any general or special law,
  (iii)  any  fire  corporation  incorporated  under  or  subject to the
provisions of section one thousand four hundred two of the  not-for-pro-
fit  corporation law, or any general or special law, if such corporation
is by law under the general control of, or recognized as a  fire  corpo-
ration  by,  the  governing  board  of  a  city,  town,  village or fire
district, which municipal corporation, fire district,  fire  department,
fire  company  or  fire corporation, as the case may be, shall be deemed
the policyholder, covering all, but not less than twenty-five, volunteer
members of such department, company or corporation.  A  district  corpo-
ration  which  has the general powers of and operates as a fire district
shall be considered a fire district for the purposes of this  paragraph.
A  volunteer fireman whose services are offered and accepted pursuant to
the provisions of section two hundred nine-i of  the  general  municipal
law shall be deemed a volunteer member of any such fire department, fire
company  or  fire  corporation except for the purpose of determining the
minimum number of twenty-five volunteer members for which any such poli-
cy or contract must provide coverage. Any such policy or contract issued
to a municipal corporation or a fire district shall be  subject  to  any
limitations  on the amount, coverage or benefits as are set forth in any
applicable general, special or local law or city or village charter.
  (E) Under a policy or contract issued to and in the name of an  incor-
porated  or unincorporated association of persons having a common inter-
est or calling, which association  shall  be  deemed  the  policyholder,
having  not  less  than  fifty members, covering all OR ANY GROUP OF the
members of such association or if part or all of the premium  is  to  be
derived  from funds contributed by the insured members and if the oppor-
tunity to take such insurance is offered to all eligible  members,  then
such  policy  must cover not less than seventy-five percent of any class
or classes of members determined by conditions pertaining to  membership
in the association.
  (F) UNDER A POLICY OR CONTRACT ISSUED TO A SPORTS TEAM OR TO A CAMP OR
SPONSOR THEREOF, WHICH TEAM, CAMP OR SPONSOR SHALL BE DEEMED THE POLICY-
HOLDER, COVERING MEMBERS, CAMPERS, EMPLOYEES, VOLUNTEERS, SUPERVISORS OR
OFFICIALS.
  (G)  UNDER A POLICY OR CONTRACT ISSUED TO ANY INCORPORATED OR UNINCOR-
PORATED RELIGIOUS, CHARITABLE, RECREATIONAL, EDUCATIONAL OR CIVIC ORGAN-
IZATION, OR BRANCH THEREOF, WHICH ORGANIZATION SHALL BE DEEMED THE POLI-

S. 1761--B                          3

CYHOLDER, COVERING ANY GROUP OF  MEMBERS,  PARTICIPANTS,  OR  VOLUNTEERS
DEFINED  BY  REFERENCE TO HAZARDS INCIDENT TO ANY ACTIVITY OR ACTIVITIES
OR OPERATIONS SPONSORED OR SUPERVISED BY OR  ON  THE  PREMISES  OF  SUCH
POLICYHOLDER.
  (H)  AN  ENTERTAINMENT,  THEATER,  ARTS OR EVENT PRODUCTION COMPANY OR
ORGANIZATION, WHICH SHALL BE DEEMED THE POLICYHOLDER,  COVERING  ALL  OR
ANY  GROUP  OF  PARTICIPANTS, VOLUNTEERS, AUDIENCE MEMBERS, CONTESTANTS,
EMPLOYEES OR WORKERS ENGAGED IN ANY ACTIVITY, ACTIVITIES, OR  OPERATIONS
OF THE POLICYHOLDER.
  (I)  Under  a  policy  or  contract  issued  to  insure; (i) any other
substantially similar group approved by the superintendent  as  eligible
for  insurance  under  a blanket accident and health insurance policy or
contract; THE DISCRETION OF THE SUPERINTENDENT MAY BE  EXERCISED  ON  AN
INDIVIDUAL  RISK  BASIS  OR  CLASS  OF RISKS, OR BOTH; or (ii) any other
group approved by the superintendent upon a finding that: (I) there is a
common enterprise or economic or social affinity or  relationship;  (II)
the  premiums  charged  are  reasonable  in  relation  to  the  benefits
provided; and (III) the issuance of the policy would result in economies
of acquisition or administration, would be actuarially sound, and  would
not  be  contrary to the best interest of the public. The superintendent
shall promulgate regulations setting forth any  such  groups  that  have
been accepted as qualifying pursuant to this subparagraph.
  S 2. This act shall take effect immediately.

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Senate Bill S1761B

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Sponsored By

James L. Seward

Archive: Last Bill Status Via A1153 - Vetoed by Governor

Bill Amendments

2015-S1761 - Details

2015-S1761 - Summary

2015-S1761 - Sponsor Memo

2015-S1761 - Bill Text download pdf

co-Sponsors

William Larkin

2015-S1761A - Details

2015-S1761A - Summary

2015-S1761A - Sponsor Memo

2015-S1761A - Bill Text download pdf

co-Sponsors

William Larkin

2015-S1761B (ACTIVE) - Details

2015-S1761B (ACTIVE) - Summary

2015-S1761B (ACTIVE) - Sponsor Memo

2015-S1761B (ACTIVE) - Bill Text download pdf

Comments