Prohibits the charging of a deductible when a motor vehicle, through no fault of the insured, is in an accident with a municipally-owned snow removal vehicle.
TITLE OF BILL: An act to amend the insurance law, in relation to liability for vehicles damaged by emergency vehicles or vehicles being pursued by a law enforcement official
SUMMARY OF PROVISIONS: This bill amends the Insurance Law by amending §3411, whereby no vehicle liability insurance shall require payment of a deductible for damages occurring, through no fault of the insured, as a result of an accident with a snow removal vehicle. The bill also provides that the insurance carrier is not prohibited from pursuing recovery from the responsible party or his insurer.
JUSTIFICATION: During snow emergency situations, official snow removal vehicles occasionally damage parked vehicles during the course of their duties. Any resulting accident is unfortunate, but the added burden of paying for the deductible is unfair to the private citizen whose vehicle is damaged through no fault of his own. This bill would protect against the imposition of additional financial hardship on an innocent motorist.
FISCAL IMPLICATIONS: None.
PRIOR LEGISLATIVE HISTORY: 2005-06: Senate Insurance Committee 2007-08: Senate Insurance Committee 2009-10: Senate Insurance Committee
EFFECTIVE DATE: This act shall take effect on the first of October next succeeding the date on which it shall have become a law.
STATE OF NEW YORK ________________________________________________________________________ 4397 2011-2012 Regular Sessions IN SENATE April 4, 2011 ___________Introduced by Sen. FLANAGAN -- 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 liability for vehicles damaged by emergency vehicles or vehicles being pursued by a law enforcement official THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subsection (k) of section 3411 of the insurance law is amended to read as follows: (k) (1) Each insurer which offers physical damage insurance subject to the provisions of this section shall offer such insurance with a stand- ard deductible of two hundred dollars for each occurrence. The insured shall, however, at the inception of the policy or at the annual anniver- sary date, or at the time of the replacement or addition of an automo- bile, have the option of purchasing a policy with a lesser deductible, but in no event may the insurer sell a policy with a deductible of less than fifty dollars for fire, theft or comprehensive insurance coverages (one hundred dollars for assigned risk policies issued pursuant to para- graph two of subsection (a) of section five thousand three hundred three of this chapter) and one hundred dollars for collision insurance cover- age except that window glass coverage may be sold without a deductible. Each insurer which offers physical damage insurance subject to the provisions of this section shall also offer physical damage coverages with co-insurance or deductible provisions or combinations thereof as the superintendent may prescribe, including but not limited to deduct- ibles of two hundred fifty dollars, five hundred dollars and one thou- sand dollars. (2) NO INSURER SHALL REQUIRE THE INSURED TO PAY A DEDUCTIBLE FOR DAMAGES OCCURRING, THROUGH NO FAULT OF THE INSURED, AS THE RESULT OF AN ACCIDENT BETWEEN THE INSURED'S VEHICLE AND A MUNICIPAL OR STATE VEHICLE UTILIZED TO REMOVE SNOW ON BEHALF OF A MUNICIPALITY OF THE STATE. THEEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01144-01-1 S. 4397 2
INSURER IS NOT PROHIBITED FROM PURSUING RECOVERY FROM THE RESPONSIBLE PARTY OR THE INSURER OF THE RESPONSIBLE PARTY. S 2. This act shall take effect on the first of October next succeed- ing the date on which it shall have become a law and shall apply to all policies issued or renewed on or after such effective date.