S T A T E   O F   N E W   Y O R K
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                                 3629--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 7, 2013
                               ___________

Introduced by Sens. LANZA, AVELLA -- read twice and ordered printed, and
  when  printed  to be committed to the Committee on Insurance -- recom-
  mitted to the Committee on Insurance in accordance with Senate Rule 6,
  sec. 8 -- committee discharged, bill  amended,  ordered  reprinted  as
  amended and recommitted to said committee

AN  ACT  to amend the insurance law, in relation to making comprehensive
  motor vehicle insurance reparations applicable to motorcycles

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

  Section  1.  Subsection  (f)  of  section 5102 of the insurance law is
amended to read as follows:
  (f) "Motor vehicle" means a motor vehicle as defined in section  three
hundred eleven of the vehicle and traffic law and also includes fire and
police  vehicles, AND MOTORCYCLES.  It shall not include any motor vehi-
cle not required to carry financial security pursuant  to  article  six,
eight  or forty-eight-A of the vehicle and traffic law [or a motorcycle,
as defined in subsection (m) hereof].
  S 2. Subsections (a) and (f) of section 5103  of  the  insurance  law,
subsection  (f)  as  amended  by  chapter  402  of the laws of 1986, are
amended to read as follows:
  (a) Every owner's policy of liability  insurance  issued  on  a  motor
vehicle  in  satisfaction of the requirements of article six or eight of
the vehicle and traffic law shall also  provide  for;  every  owner  who
maintains  another  form  of  financial  security  on a motor vehicle in
satisfaction of the requirements of such articles shall be  liable  for;
and  every  owner  of  a  motor  vehicle  required  to be subject to the
provisions of this article by subdivision two of section  three  hundred
twenty-one  of  the  vehicle  and  traffic  law shall be liable for; the
payment of first party benefits to:
  (1) Persons, other than occupants  of  another  motor  vehicle  [or  a
motorcycle],  for loss arising out of the use or operation in this state

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05560-02-4
              

S. 3629--A                          2

of such motor vehicle. In the case of occupants  of  a  bus  other  than
operators,  owners,  and  employees of the owner or operator of the bus,
the coverage for first party benefits shall be afforded under the policy
or  policies,  if  any,  providing  first  party benefits to the injured
person and members of his OR HER household for loss arising out  of  the
use  or  operation  of any motor vehicle of such household. In the event
there is no such policy, first party benefits shall be provided  by  the
insurer of such bus.
  (2) The named insured and members of his OR HER household[, other than
occupants of a motorcycle,] for loss arising out of the use or operation
of  (i)  an  uninsured  motor vehicle [or motorcycle], within the United
States, its territories or possessions, or Canada; and (ii)  an  insured
motor  vehicle  [or  motorcycle]  outside  of  this state and within the
United States, its territories or possessions, or Canada.
  (3) Any New York resident who is neither the owner of a motor  vehicle
with  respect  to which coverage for first party benefits is required by
this article nor, as a member of a household, is entitled to first party
benefits under paragraph two of this subsection, for loss arising out of
the use or operation  of  the  insured  or  self-insured  motor  vehicle
outside  of  this state and within the United States, its territories or
possessions, or Canada.
  (4) The estate of any covered person, other than an occupant of anoth-
er motor vehicle [or a motorcycle], a death benefit in the amount of two
thousand dollars for the death of such person arising out of the use  or
operation  of such motor vehicle which is in addition to any first party
benefits for basic economic loss.
  (f) Every owner's policy of liability insurance issued on [a  motorcy-
cle  or]  an  all terrain vehicle in satisfaction of the requirements of
[article six or eight of the vehicle and traffic law or]  section  twen-
ty-four  hundred  seven of [such] THE VEHICLE AND TRAFFIC law shall also
provide for; every owner who maintains another form of financial securi-
ty on [a motorcycle or] an all terrain vehicle in  satisfaction  of  the
requirements  of  such  [articles  or]  section shall be liable for; and
every owner of [a motorcycle or] an all terrain vehicle required  to  be
subject  to the provisions of this article by subdivision two of section
three hundred twenty-one of such law shall be liable for; the payment of
first party benefits to  persons,  other  than  the  occupants  of  such
[motorcycle or] all terrain vehicle, another [motorcycle or] all terrain
vehicle, or any motor vehicle, for loss arising out of the use or opera-
tion of the [motorcycle or] all terrain vehicle within this state. Every
insurer  and self-insurer may exclude from the coverage required by this
subsection a person who intentionally causes his OR HER own injury or is
injured while committing an act which would constitute a felony or while
seeking to avoid lawful apprehension or  arrest  by  a  law  enforcement
officer.
  S  3. Subsections (a) and (b) of section 5104 of the insurance law are
amended to read as follows:
  (a) Notwithstanding any other law, in any action by or on behalf of  a
covered  person  against  another  covered  person for personal injuries
arising out of negligence in the use or operation of a motor vehicle  in
this  state,  there shall be no right of recovery for non-economic loss,
except in the case of a serious injury, or for basic economic loss. [The
owner, operator or occupant of a motorcycle  which  has  in  effect  the
financial  security  required by article six or eight of the vehicle and
traffic law, or which is referred to in subdivision two of section three
hundred twenty-one of such law, shall not be subject to an action by  or

S. 3629--A                          3

on behalf of a covered person for recovery for non-economic loss, except
in the case of a serious injury, or for basic economic loss.]
  (b)  In any action by or on behalf of a covered person, against a non-
covered person, where damages for personal injuries arising out  of  the
use  or operation of a motor vehicle [or a motorcycle] may be recovered,
an insurer which paid or is liable for first party benefits  on  account
of  such injuries has a lien against any recovery to the extent of bene-
fits paid or payable by it to the covered person. No such action may  be
compromised by the covered person except with the written consent of the
insurer,  or with the approval of the court, or where the amount of such
settlement exceeds fifty thousand dollars. The failure of such person to
commence such action within two years after accrual gives the insurer  a
cause  of  action for the amount of first party benefits paid or payable
against any person who may be liable to the covered person  for  his  OR
HER  personal  injuries. The insurer's cause of action shall be in addi-
tion to the cause of action of the covered person  except  that  in  any
action  subsequently  commenced by the covered person for such injuries,
the amount of his OR HER basic economic loss shall not be recoverable.
  S 4. This act shall take effect January 1, 2016.