S T A T E O F N E W Y O R K
________________________________________________________________________
1673
2009-2010 Regular Sessions
I N S E N A T E
February 4, 2009
___________
Introduced by Sens. FLANAGAN, VOLKER, WINNER -- read twice and ordered
printed, and when printed to be committed to the Committee on Insur-
ance
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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00637-01-9
S. 1673 2
UTILIZED TO REMOVE SNOW ON BEHALF OF A MUNICIPALITY OF THE STATE. THE
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.