S3316-2011 - NY Senate Open Legislation - Relates to motorcycle insurance policies

Relates to motorcycle insurance policies and requires owners' policies of liability to inform the insured that motor vehicle no-fault insurance does not apply to motorcycles and that state uninsured motorist coverage is available in the alternative; requires the insured to sign a statement if the insured does not choose the state uninsured motorist coverage.

Sponsor: DEFRANCISCO / Co-sponsor(s): GRIFFO, KLEIN, LARKIN, LIBOUS
Law Section: Insurance Law / Law: Amd S5103, Ins L

S3316-2011 Actions

Jun 21, 2012: COMMITTED TO RULES
Jun 6, 2012: ADVANCED TO THIRD READING
Jun 5, 2012: 2ND REPORT CAL.
Jun 4, 2012: 1ST REPORT CAL.990
Jan 4, 2012: REFERRED TO INSURANCE
Jan 4, 2012: returned to senate
Jan 4, 2012: died in assembly
Jun 20, 2011: referred to insurance
Jun 20, 2011: DELIVERED TO ASSEMBLY
Jun 20, 2011: PASSED SENATE
Jun 13, 2011: ADVANCED TO THIRD READING
Jun 13, 2011: AMENDED 3316A
Jun 7, 2011: 2ND REPORT CAL.
Jun 6, 2011: 1ST REPORT CAL.1021
Feb 16, 2011: REFERRED TO INSURANCE

S3316-2011 Meetings

Insurance: Jun 6, 2011

S3316-2011 Calendars

Floor Calendar: Jun 7, 2011 , Floor Calendar: Jun 13, 2011

S3316-2011 Votes

VOTE: COMMITTEE VOTE: - Insurance - Jun 6, 2011

Ayes (14): Flanagan, Golden, Grisanti, Lanza, Larkin, LaValle, Martins, Saland, Young, Breslin, Diaz, Espaillat, Kennedy, Smith
Ayes W/R (3): Seward, Kruger, Peralta

VOTE: FLOOR VOTE: - Jun 20, 2011

Ayes (62): Adams, Addabbo, Alesi, Avella, Ball, Bonacic, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Duane, Espaillat, Farley, Flanagan, Fuschillo, Gallivan, Gianaris, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Huntley, Johnson, Kennedy, Klein, Krueger, Kruger, Lanza, Larkin, LaValle, Libous, Little, Marcellino, Martins, Maziarz, McDonald, Montgomery, Nozzolio, O'Mara, Oppenheimer, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Saland, Sampson, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Valesky, Young, Zeldin

VOTE: COMMITTEE VOTE: - Insurance - Jun 4, 2012

Ayes (17): Seward, Flanagan, Golden, Grisanti, Lanza, Larkin, LaValle, Martins, Saland, Young, Breslin, Diaz, Espaillat, Kennedy, Parker, Peralta, Stavisky
Excused (1): Smith

S3316-2011 Memo

BILL NUMBER:S3316

TITLE OF BILL:
An act
to amend the insurance law, in relation to motorcycle insurance policies

PURPOSE:
To ensure that the owners of motorcycles are aware that automobile no
fault Insurance law does not apply to motorcycles and that New York
State underinsured motorist coverage is available.

SUMMARY OF PROVISIONS:
Section 1 - Provides that insurance companies provide policy language
advising motorcyclists that no fault insurance provisions for
automobiles do not apply to motorcycles and that, as an alternative,
state under insured motorist coverage is available; and requires that
motorcyclists who refuse state underinsured motorist coverage sign a
statement confirming they were informed of the availability of that
coverage.

Section 2 - Sets the effective date.

JUSTIFICATION:
Motorcyclists currently do not have coverage for actual damages and
lost wages if they do not possess State under insured motorist
coverage which puts assets at risk and/or leaves judgments for
damages unpaid.

This bill will encourage motorcyclists to obtain this insurance by
ensuring that they are aware of the potential risk in not possessing
state under insured motorist coverage and also afford protection for
individuals who seek damages which damages might otherwise not be
collected.

LEGISLATIVE HISTORY:
S.8489 (2010)

FISCAL IMPLICATIONS:
None to the State.

EFFECTIVE DATE:
The 120th day after it shall have become law or on such date that any
rules and regulations necessary to implement the provisions of this
act are authorized to be promulgated and shall become effective.

S3316-2011 Text

 S T A T E   O F   N E W   Y O R K
 
                                          3316
 2011-2012 Regular Sessions
 I N  SENATE
 February 16, 2011
 
 Introduced  by  Sens.  DeFRANCISCO,  GRIFFO,  LARKIN  --  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 motorcycle insurance
 policies
 THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section  1. 

Section  5103 of the insurance law is amended by adding a
 new subsection (f-1) to read as follows:

 (F-1) EVERY OWNER'S POLICY OF LIABILITY INSURANCE ISSUED ON A MOTORCY
 CLE IN SATISFACTION OF THE REQUIREMENTS OF ARTICLE SIX OR EIGHT  OF  THE
 VEHICLE AND TRAFFIC LAW OR SECTION TWENTY-FOUR HUNDRED SEVEN OF SUCH LAW
 SHALL:

 (1)  INFORM THE INSURED THAT NO-FAULT INSURANCE PROVISIONS FOR AUTOMO
 BILES OR MOTOR VEHICLES DO NOT APPLY TO MOTORCYCLES AND THAT STATE UNDE
 RINSURED MOTORIST COVERAGE IS AVAILABLE, AND THAT THE LACK  OF  NO-FAULT
 INSURANCE  UNDER  SOME  CIRCUMSTANCES  CAN  BE OFFSET BY THE PURCHASE OF
 STATE  UNDERINSURED  MOTORIST  COVERAGE,  SINCE   DAMAGES   MAY   EXCEED
 TWENTY-FIVE  THOUSAND  DOLLARS, WHICH IS THE AMOUNT OF COVERAGE REQUIRED
 BY LAW; AND
 (2) REQUIRE THAT  MOTORCYCLISTS  WHO  REFUSE  THE  STATE  UNDERINSURED
 MOTORIST COVERAGE SIGN A STATEMENT SAYING THAT THEY WERE INFORMED OF THE
 AVAILABILITY OF SUCH AND CHOSE NOT TO OBTAIN SUCH COVERAGE.
 

S 2. This act shall take effect on the one hundred twentieth day after
 it  shall  have  become  a  law; provided that any rules and regulations
 necessary to implement the provisions of this act on its effective  date
 are authorized and directed to be promulgated and shall become effective
 on such date.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD09482-01-1

S3316-2011: Relates to motorcycle insurance policies