S906-2013 Actions

• Jan 9, 2013: REFERRED TO INSURANCE

S906-2013 Memo

BILL NUMBER:S906

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.

S906-2013 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                          906
 2013-2014 Regular Sessions
 I N  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

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