S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6744
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               June 15, 2017
                                ___________
 
 Introduced  by  Sen.  AKSHAR -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the vehicle and traffic law and the  insurance  law,  in
   relation to increasing the minimum insurance coverage requirements for
   automobiles registered and/or operated within the state of New York

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph (a) of subdivision 4 and subdivision 7 of section
 311 of the vehicle and traffic law, paragraph (a) of  subdivision  4  as
 amended  by chapter 305 of the laws of 1995 and subdivision 7 as amended
 by chapter 805 of the laws of 1984, are amended to read as follows:
   (a) Affording coverage as defined in the minimum provisions prescribed
 in a regulation which shall be  promulgated  by  the  superintendent  at
 least  ninety  days prior to effective date of this act. The superinten-
 dent before promulgating such  regulations  or  any  amendment  thereof,
 shall  consult  with all insurers licensed to write automobile liability
 insurance in this state and shall not prescribe minimum provisions which
 fail to reflect the provisions of automobile liability  insurance  poli-
 cies,  other than motor vehicle liability policies as defined in section
 three hundred forty-five of this chapter, issued within  this  state  at
 the  date of such regulation or amendment thereof.  Nothing contained in
 such regulation or in this  article  shall  prohibit  any  insurer  from
 affording  coverage  under an owner's policy of liability insurance more
 liberal than that required by  said  minimum  provisions.    Every  such
 owner's policy of liability insurance shall provide insurance subject to
 said  regulation  against  loss  from  the  liability imposed by law for
 damages, including damages for care and loss  of  services,  because  of
 bodily  injury to or death of any person and injury to or destruction of
 property arising out of the ownership, maintenance, use, or operation of
 a specific motor vehicle or motor vehicles within the state of New York,
 or elsewhere in the United States in North America or  the  Dominion  of
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD04789-01-7

 S. 6744                             2
 
 Canada,  subject  to  a  limit,  exclusive  of  interest and costs, with
 respect to each such motor vehicle except a tow truck, of  [twenty-five]
 TWO  HUNDRED  FIFTY  thousand  dollars because of bodily injuries to and
 [fifty]  FIVE HUNDRED thousand dollars because of death of one person in
 any one accident and, subject to said limit for one person, to  a  limit
 of [fifty] FIVE HUNDRED thousand dollars because of bodily injury to and
 one  [hundred  thousand] MILLION dollars because of death of two or more
 persons in any one accident, and to a limit of [ten]  TWENTY-FIVE  thou-
 sand  dollars  because of injury to or destruction of property of others
 in any one accident provided, however, that such policy need not be  for
 a  period  coterminous  with  the  registration  period  of  the vehicle
 insured. The limit, exclusive of interest and costs, with respect  to  a
 tow  truck  shall  be  a combined single limit of at least three hundred
 thousand dollars because of bodily  injury  or  death  to  one  or  more
 persons or because of injury or destruction of property of others in any
 one  accident, and to a limit of twenty-five thousand dollars because of
 damage to a vehicle in the care, custody and control of the insured. Any
 insurer authorized to issue an owner's policy of liability insurance  as
 provided  for  in  this article may, pending the issue of such a policy,
 make an agreement, to be known as a binder, or may, in lieu  of  such  a
 policy,  issue a renewal endorsement or evidence of renewal of an exist-
 ing policy; each of which shall be construed  to  provide  indemnity  or
 protection  in  like manner and to the same extent as such a policy. The
 provisions of this article shall apply to such binders, renewal endorse-
 ments or evidences of renewal. Every such policy issued insuring private
 passenger vehicles and every renewal  policy,  renewal  endorsement,  or
 other  evidence  of  renewal issued shall have attached thereto a rating
 information form which clearly specifies and defines the rating  classi-
 fication  assigned  thereto, including any applicable merit rating plan;
 and
   7. The term "financial security deposit" shall  mean  for  each  motor
 vehicle  the  deposit with the commissioner of [twenty-five] TWO HUNDRED
 FIFTY thousand dollars in cash, or securities, such as  may  legally  be
 purchased  by  savings banks or trust funds, of a market value of [twen-
 ty-five] TWO HUNDRED FIFTY thousand dollars and an additional deposit in
 an amount determined by the commissioner to be sufficient to satisfy the
 requirements of article fifty-one of the insurance law.
   § 2. Paragraph 3 of subdivision (b) of section 345 of the vehicle  and
 traffic  law,  as amended by chapter 305 of the laws of 1995, is amended
 to read as follows:
   (3) Shall insure the insured or such other person  against  loss  from
 the liability imposed by law for damages, including damages for care and
 loss  of services because of bodily injury to or death of any person and
 injury to or destruction of property arising out of the ownership, main-
 tenance, use, or operation of such motor vehicle or motor vehicles with-
 in the state of New York, or elsewhere in the  United  States  in  North
 America  or  the  Dominion  of  Canada, subject to a limit, exclusive of
 interest and cost, with respect to each such motor vehicle, except a tow
 truck, of [twenty-five] TWO HUNDRED FIFTY thousand  dollars  because  of
 bodily  injury  to  or  [fifty] FIVE HUNDRED thousand dollars because of
 death of one person in any one accident and, subject to said  limit  for
 one  person, to a limit of [fifty] FIVE HUNDRED thousand dollars because
 of bodily injury to or one [hundred thousand] MILLION dollars because of
 death of two or more persons in any one accident,  and  to  a  limit  of
 [ten]  TWENTY-FIVE  thousand dollars because of injury to or destruction
 of property of others in any  one  accident.  The  limit,  exclusive  of

 S. 6744                             3
 
 interest  and  costs,  with  respect  to a tow truck shall be a combined
 single limit of three hundred thousand dollars because of bodily  injury
 of  death  to one or more persons or because of injury or destruction of
 property  of  others  in any one accident, and to a limit of twenty-five
 thousand dollars because of damage to a vehicle in the care, custody and
 control of the insured.
   § 3. Paragraph 1 of subsection (f) of section 3420  of  the  insurance
 law,  as  amended by chapter 305 of the laws of 1995, is amended to read
 as follows:
   (1) No policy insuring against loss resulting from  liability  imposed
 by law for bodily injury or death suffered by any natural person arising
 out  of  the  ownership,  maintenance  and use of a motor vehicle by the
 insured shall be issued or delivered by any authorized insurer upon  any
 motor vehicle then principally garaged or principally used in this state
 unless  it  contains a provision whereby the insurer agrees that it will
 pay to the insured, as defined in such provision, subject to  the  terms
 and conditions set forth therein to be prescribed by the board of direc-
 tors  of  the  Motor  Vehicle  Accident  Indemnification Corporation and
 approved by the superintendent, all sums, not exceeding a maximum amount
 or limit of [twenty-five] TWO HUNDRED FIFTY thousand  dollars  exclusive
 of interest and costs, on account of injury to and all sums, not exceed-
 ing  a  maximum amount or limit of [fifty] FIVE HUNDRED thousand dollars
 exclusive of interest and costs, on account of death of one  person,  in
 any one accident, and the maximum amount or limit, subject to such limit
 for  any  one person so injured of [fifty] FIVE HUNDRED thousand dollars
 or so killed of one [hundred thousand]  MILLION  dollars,  exclusive  of
 interest  and costs, on account of injury to, or death of, more than one
 person in any one accident, which the insured  or  his  legal  represen-
 tative shall be entitled to recover as damages from an owner or operator
 of  an  uninsured motor vehicle, unidentified motor vehicle which leaves
 the scene of an accident, a motor vehicle registered in this state as to
 which at the time of the accident there was not in effect  a  policy  of
 liability  insurance, a stolen vehicle, a motor vehicle operated without
 permission of the owner, an insured  motor  vehicle  where  the  insurer
 disclaims  liability  or  denies  coverage  or  an  unregistered vehicle
 because of bodily injury, sickness or disease, including death resulting
 therefrom, sustained by the insured, caused  by  accident  occurring  in
 this  state and arising out of the ownership, maintenance or use of such
 motor vehicle. No payment for non-economic loss shall be made under such
 policy provision to a covered person unless such person has  incurred  a
 serious  injury,  as such terms are defined in section five thousand one
 hundred two of this chapter. Such policy shall not duplicate any element
 of basic economic loss provided for  under  article  fifty-one  of  this
 chapter.  No  payments  of  first party benefits for basic economic loss
 made pursuant to such article shall  diminish  the  obligations  of  the
 insurer under this policy provision for the payment of non-economic loss
 and  economic loss in excess of basic economic loss. Notwithstanding any
 inconsistent provisions of section three thousand four  hundred  twenty-
 five  of this article, any such policy which does not contain the afore-
 said provisions shall be construed as if such provisions  were  embodied
 therein.
   §  4.  Subsection (a) of section 5210 of the insurance law, as amended
 by chapter 305 of the laws of 1995, is amended to read as follows:
   (a) When any qualified person who has complied with all the applicable
 requirements of this article  recovers  a  final  judgment  in  a  court
 against  a  financially  irresponsible motorist, for injury to, or death

 S. 6744                             4
 
 of, any person arising out of the ownership, maintenance or use  of  the
 uninsured  motor  vehicle  in  this state, which remains unpaid, and all
 appeals have been concluded or the time for commencing them has expired,
 the judgment creditor may file a verified petition in the court in which
 the  judgment  was  entered  and,  upon  ten days' written notice to the
 corporation apply to the court for an order  directing  payment  by  the
 corporation  of the amount unpaid on the judgment.  However, there shall
 be no right of recovery by a covered person  from  the  corporation  for
 non-economic  loss  unless such person has incurred a serious injury, as
 such terms are defined in section five thousand one hundred two of  this
 chapter.    Such  judgment  exclusive  of  interest  and costs shall not
 exceed:
   (1) [twenty-five] TWO HUNDRED FIFTY thousand  dollars  on  account  of
 injury to one person in any one accident, and
   (2)  [fifty]  FIVE HUNDRED thousand dollars on account of death to one
 person in any one accident, and
   (3) [fifty] FIVE HUNDRED thousand dollars on account of injury to more
 than one person in any one accident subject to the limit of  twenty-five
 thousand dollars for any one person, and
   (4) one [hundred thousand] MILLION dollars on account of death to more
 than  one person in any one accident subject to the limit of fifty thou-
 sand dollars for any one person.
   § 5. This act shall take effect on the one hundred eightieth day after
 is shall have become a law.