S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3374
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 27, 2017
                                ___________
 
 Introduced  by  M. of A. ORTIZ, LUPARDO -- read once and referred to the
   Committee on Insurance
 
 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].
   §  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
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD08352-01-7

 A. 3374                             2
 
 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.
   § 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
 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.]

 A. 3374                             3
 
   (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.
   § 4. This act shall take effect January 1, 2019.