Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jun 20, 2014 |
referred to judiciary returned to assembly repassed senate |
Jun 17, 2014 |
amended on third reading 6606a |
Jun 17, 2014 |
vote reconsidered - restored to third reading returned to senate recalled from assembly |
Jun 12, 2014 |
referred to judiciary delivered to assembly passed senate |
Jun 11, 2014 |
ordered to third reading cal.1343 committee discharged and committed to rules |
Feb 12, 2014 |
referred to judiciary |
Senate Bill S6606A
2013-2014 Legislative Session
Sponsored By
(R, C, IP) Senate District
Archive: Last Bill Status - In Assembly Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Votes
Bill Amendments
2013-S6606 - Details
- See Assembly Version of this Bill:
- A8747
- Current Committee:
- Assembly Judiciary
- Law Section:
- General Obligations Law
- Laws Affected:
- Amd §5-322.1, Gen Ob L
- Versions Introduced in Other Legislative Sessions:
-
2015-2016:
S2925, A4259
2017-2018: S5239, A5329
2019-2020: S2393, A3551
2021-2022: S1498, A5768
2013-S6606 - Sponsor Memo
BILL NUMBER:S6606 TITLE OF BILL: An act to amend the general obligations law, in relation to the invalidity of additional insurance provisions PURPOSE: This bill would hold invalid any provision in a construction contract that requires the purchase of additional insured coverage the scope of which is prohibited under general obligations law section 5-322.1. SUMMARY OF PROVISIONS: Section 1 - Section 5-322.1 of the general obligations law declares void and unenforceable indemnification clauses in construction contracts where the indemnitee required the indemnitor to indemnify him for damages due in whole or in part to the indemnitee's negligence. Indemnitees have circumvented this prohibition by requiring the indemnitee to provide the indemnitor with additional insured coverage. This bill would correct this unfair practice. Section 2: Establishes the effective date. JUSTIFICATION: The New York State Legislature enacted 5-322.1 of the general obligations law to declare 'broad form' hold harmless provisions in construction contracts void and unenforceable. Additional insured provisions in construction contracts flies in the
2013-S6606 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ S. 6606 A. 8747 S E N A T E - A S S E M B L Y February 12, 2014 ___________ IN SENATE -- Introduced by Sen. DeFRANCISCO -- read twice and ordered printed, and when printed to be committed to the Committee on Judici- ary IN ASSEMBLY -- Introduced by M. of A. CUSICK -- read once and referred to the Committee on Judiciary AN ACT to amend the general obligations law, in relation to the invalid- ity of additional insurance provisions THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 1 of section 5-322.1 of the general obligations law, as amended by chapter 67 of the laws of 1993, is amended to read as follows: 1. A covenant, promise, agreement or understanding in, or in connection with or collateral to a contract or agreement relative to the construction, alteration, repair or maintenance of a building, struc- ture, appurtenances and appliances including moving, demolition and excavating connected therewith, purporting to indemnify or hold harmless the promisee against liability for damage arising out of bodily injury to persons or damage to property contributed to, caused by or resulting from the negligence of the promisee, his agents or employees, or indem- nitee, whether such negligence be in whole or in part, is against public policy and is void and unenforceable; provided that this section shall not affect the validity of any insurance contract, workers' compensation agreement or other agreement issued by an admitted insurer; PROVIDED FURTHER, THAT A PROVISION IN A CONSTRUCTION CONTRACT THAT REQUIRES THE PURCHASE OF ADDITIONAL INSURED COVERAGE, OR ANY COVERAGE ENDORSEMENT, OR PROVISION WITHIN AN INSURANCE POLICY PROVIDING ADDITIONAL INSURED COVER- AGE, IS VOID AND UNENFORCEABLE TO THE EXTENT THAT IT REQUIRES OR PROVIDES COVERAGE, THE SCOPE OF WHICH IS PROHIBITED UNDER THIS SUBDIVI- SION. This subdivision shall not preclude a promisee requiring indemni- fication for damages arising out of bodily injury to persons or damage to property caused by or resulting from the negligence of a party other than the promisee, whether or not the promisor is partially negligent. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
2013-S6606A (ACTIVE) - Details
- See Assembly Version of this Bill:
- A8747
- Current Committee:
- Assembly Judiciary
- Law Section:
- General Obligations Law
- Laws Affected:
- Amd §5-322.1, Gen Ob L
- Versions Introduced in Other Legislative Sessions:
-
2015-2016:
S2925, A4259
2017-2018: S5239, A5329
2019-2020: S2393, A3551
2021-2022: S1498, A5768
2013-S6606A (ACTIVE) - Sponsor Memo
BILL NUMBER:S6606A TITLE OF BILL: An act to amend the general obligations law, in relation to the invalidity of additional insurance provisions PURPOSE OR GENERAL IDEA OF BILL: This bill would hold invalid any provision in a construction contract that requires the purchase of additional insured coverage the scope of which is prohibited under general obligations law section 5-322.1. SUMMARY OF SPECIFIC PROVISIONS: Section 1 - Section 5-322.1 of the general obligations law declares void and unenforceable indemnification clauses in construction contracts where the indemnitee required the indemnitor to indemnify him for damages due in whole or in part to the indemnitee's negligence. Indemni- tees have circumvented this prohibition by requiring the indemnitee to provide the indemnitor with additional insured coverage. This bill would correct this unfair practice. Section 2: Establishes the effective date. JUSTIFICATION: The New York State Legislature enacted 5-322.1 of the general obli-
2013-S6606A (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 6606--A Cal. No. 1343 I N S E N A T E February 12, 2014 ___________ Introduced by Sen. DeFRANCISCO -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary -- commit- tee discharged and said bill committed to the Committee on Rules -- reported favorably from said committee, ordered to a third reading, passed by Senate and delivered to the Assembly, recalled, vote recon- sidered, restored to third reading, amended and ordered reprinted, retaining its place in the order of third reading AN ACT to amend the general obligations law, in relation to the invalid- ity of additional insurance provisions THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 1 of section 5-322.1 of the general obligations law, as amended by chapter 67 of the laws of 1993, is amended to read as follows: 1. A covenant, promise, agreement or understanding in, or in connection with or collateral to a contract or agreement relative to the construction, alteration, repair or maintenance of a building, struc- ture, appurtenances and appliances including moving, demolition and excavating connected therewith, purporting to indemnify or hold harmless the promisee against liability for damage arising out of bodily injury to persons or damage to property contributed to, caused by or resulting from the negligence of the promisee, his agents or employees, or indem- nitee, whether such negligence be in whole or in part, is against public policy and is void and unenforceable; provided that this section shall not affect the validity of any insurance contract, workers' compensation agreement or other agreement issued by an admitted insurer; PROVIDED FURTHER, THAT A PROVISION IN A CONSTRUCTION CONTRACT THAT REQUIRES THE PURCHASE OF ADDITIONAL INSURED COVERAGE, OR ANY COVERAGE ENDORSEMENT, OR PROVISION WITHIN AN INSURANCE POLICY PROVIDING ADDITIONAL INSURED COVER- AGE, IS VOID AND UNENFORCEABLE TO THE EXTENT THAT IT REQUIRES COVERAGE, THE SCOPE OF WHICH IS PROHIBITED UNDER THIS SUBDIVISION. This subdivi- sion shall not preclude a promisee requiring indemnification for damages arising out of bodily injury to persons or damage to property caused by EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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