Senate Bill S2888

2009-2010 Legislative Session

Requires a report relating to insurance fraud to include the incidence of misrepresentation by insureds of the principal place where vehicles are garaged and driven

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Archive: Last Bill Status - In Senate Committee Codes 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

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2009-S2888 (ACTIVE) - Details

Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Amd §176.05, Pen L; amd §405, Ins L

2009-S2888 (ACTIVE) - Summary

Requires that the report due to the governor and to legislative leaders relating to insurance fraud include the incidence of misrepresentation by insureds of the principal place where vehicles are garaged and driven.

2009-S2888 (ACTIVE) - Sponsor Memo

2009-S2888 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2888

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              March 5, 2009
                               ___________

Introduced  by  Sen. BONACIC -- read twice and ordered printed, and when
  printed to be committed to the Committee on Codes

AN ACT to amend the penal law and the  insurance  law,  in  relation  to
  motor vehicle insurance fraud

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 1 of  section  176.05  of  the  penal  law,  as
amended  by  chapter 635 of the laws of 1996 and designated by chapter 2
of the laws of 1998, is amended to read as follows:
  1. A fraudulent insurance act is committed by any person who, knowing-
ly and with intent to defraud  presents,  causes  to  be  presented,  or
prepares with knowledge  or belief that it will be presented to or by an
insurer,  self insurer, or purported insurer, or purported self insurer,
or any agent thereof, any written statement as part of,  or  in  support
of, an application for the issuance of, or the rating of a POLICY INSUR-
ING  AGAINST  LOSSES OR LIABILITIES ARISING OUT OF THE OWNERSHIP, OPERA-
TION, OR USE OF A MOTOR  VEHICLE,  A  commercial  insurance  policy,  or
certificate  or  evidence  of self insurance for commercial insurance or
commercial self insurance, or a  claim  for  payment  or  other  benefit
pursuant to an insurance policy or self insurance program for commercial
or  personal  insurance which he OR SHE knows to: (i) contain materially
false information concerning any fact material thereto; or (ii) conceal,
for the purpose of misleading, information concerning any fact  material
thereto.
  S  2.  Paragraph  11 of subsection (d) of section 405 of the insurance
law, as added by chapter 678 of the laws of 1997, is amended to read  as
follows:
  (11) an assessment of law enforcement and insurance company activities
to detect and curtail the incidence of operating a motor vehicle without
proper  insurance coverage as required by this chapter AND THE INCIDENCE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09948-01-9

              

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