Relates to supplementary uninsured and underinsured motorist coverage for ambulance services, volunteer fire departments, fire companies and voluntary ambulance services.
TITLE OF BILL: An act to amend the insurance law, in relation to supplementary uninsured and underinsured motorist coverage for ambulance services, volunteer fire departments, fire companies and voluntary ambulance services
PURPOSE: To ensure that volunteer firefighters and volunteer ambulance crews, while acting in the scope of their duties for volunteer fire department or volunteer ambulance service, shall be covered by the maximum available supplemental uninsured/underinsured motorist coverage in an insurance policy that names such volunteer fire department or volunteer ambulance service as a named insured.
SUMMARY OF PROVISIONS: This bill amends Insurance Law Section 3420(f), as amended by Chapter 11 of the Laws of 2013, which pertains to supplemental uninsured/underinsured motorist coverage ("SUM") for fire departments and ambulance services.
This bill provides that a the SUM insurance policy for a fire company, volunteer fire department, ambulance service or volunteer ambulance service shall be deemed to provide the maximum coverage available under that particular policy to any individual who is a member of such fire department or ambulance service, when that individual is operating or using a motor vehicle while acting in the scope of the individual's duties for the fire department or ambulance service.
JUSTIFICATION: Much has been done recently to protect emergency responders who are injured while acting within the scope of their duties. However, a gap still remains when members of (volunteer) fire departments or (volunteer) ambulance services respond to emergencies in their own vehicles and become injured.
This bill requires the coverage to follow the responder by adding coverage if, while performing their duties, they become injured while operating or using a motor vehicle that isn't an ambulance or fire service vehicle.
LEGISLATIVE HISTORY: New Bill
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: This act shall take effect on the same date and in the same manner as Chapter 496 of the laws of 2012 takes effect.
STATE OF NEW YORK ________________________________________________________________________ 4571 2013-2014 Regular Sessions IN SENATE April 11, 2013 ___________Introduced by Sen. O'BRIEN -- 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 supplementary unin- sured and underinsured motorist coverage for ambulance services, volunteer fire departments, fire companies and voluntary ambulance services THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraph 5 of subsection (f) of section 3420 of the insur- ance law, as amended by chapter 11 of the laws of 2013, is amended to read as follows: (5) This paragraph shall apply to a policy that provides supplementary uninsured/underinsured motorist insurance coverage for bodily injury and is a policy: (A) issued or delivered in this state that insures against liability arising out of the ownership, maintenance, and use of a fire vehicle, as defined in section one hundred fifteen-a of the vehicle and traffic law, where the fire vehicle is principally garaged or used in this state; or (B) as specified in paragraph one of this subsection. Every such policy that insures a fire department, fire company, as defined in section one hundred of the general municipal law, an ambu- lance service, or a voluntary ambulance service, as defined in section three thousand one of the public health law, shall provide such supple- mentary uninsured/underinsured motorist insurance coverage to an indi- vidual employed by or who is a member of the fire department, fire company, ambulance service, or voluntary ambulance service and who is injured by an uninsured or underinsured motor vehicle while acting in the scope of the individual's duties for the fire department, fire company, ambulance service, or voluntary ambulance service covered under the policy,
[except]INCLUDING with respect to the use or operation by such an individual of a motor vehicle not covered under the policy, WHEN THAT INDIVIDUAL IS OPERATING OR USING A MOTOR VEHICLE WHILE ACTING INEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10112-01-3 S. 4571 2
THE SCOPE OF THE INDIVIDUAL'S DUTIES FOR THE FIRE DEPARTMENT, FIRE COMPANY, AMBULANCE SERVICE, OR VOLUNTARY AMBULANCE SERVICE. S 2. This act shall take effect on the same date and in the same manner as chapter 496 of the laws of 2012, takes effect.