Prohibits the placement of an insured in the motor vehicle insurance assigned risk plan based upon any accident arising from such insured's operation of a motor vehicle while responding to an emergency as a firefighter, police officer or member of a first aid squad.
TITLE OF BILL: An act to amend the insurance law, in relation to placement to the assigned risk plan
PURPOSE: Protect volunteer firefighters from personal liability while acting in their capacity as a volunteer firefighter.
SUMMARY OF PROVISIONS: A new section 2335-A is added to amend the insurance law.
JUSTIFICATION: This legislation rectifies a disincentive that is being felt by our volunteer firefighters in New York State. Currently, if a volunteer firefighter is operating a motor vehicle during his fire fighting duties and is in an accident while responding to an emergency, he is personally held liable with his own personal auto insurance company. Therefore he is placed in the assigned risk pool and is responsible for increased insurance rates.
This law protects the volunteer firefighter from responsibility while acting in the capacity as a volunteer firefighter and responding to the needs of the communities. Of course this is contingent upon the fact that the firefighter is not grossly negligent.
The volunteer firefighters of New York State are one of our greatest assets. It is necessary that we afford these great men and women every protection to insure that they will not jeopardize their current life styles.
LEGISLATIVE HISTORY: 2011-12 S.3144; 2009-10, S.2733; 2007-08, S.1850; 2005-06, S.619; 2003-04, S.2064; 2001-02, S.1873; 1999-00, S.3255-A, 1998-98, S.6340.
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: 90 days after it shall become law.
STATE OF NEW YORK ________________________________________________________________________ 906 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________Introduced by Sen. LAVALLE -- 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 placement to the assigned risk plan THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 2335-a of the insurance law, as added by chapter 152 of the laws of 1998, is amended to read as follows: S 2335-a. Prohibition
[of]AGAINST rate increases AND PLACEMENT IN AN ASSIGNED RISK PLAN for persons involved in emergency use of vehicles. No insurer authorized to transact or transacting business in this state, or controlling or controlled by or under common control by or with an insurer authorized to transact or transacting business in this state, which sells a policy providing motor vehicle liability insurance cover- age in this state shall increase the policy premium in connection with the insurance permitted or required by this chapter OR SHALL PLACE ANY INSURED TO THE MOTOR VEHICLE INSURANCE ASSIGNED RISK PLAN ESTABLISHED PURSUANT TO ARTICLE FIFTY-THREE OF THIS CHAPTER solely because the insured or any other person who customarily operates an automobile covered by the policy has had an accident while operating a motor vehi- cle in response to an emergency, where the insured was either responding to a call to duty as a paid or volunteer member of any police or fire department or first aid squad; or was performing any other function on behalf of the state, any political subdivision thereof, a public author- ity, public benefit corporation, or any other governmental agency or instrumentality in a public emergency. S 2. This act shall take effect on the ninetieth day after it shall have become a law.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD03797-01-3