Assembly Bill A3827

2021-2022 Legislative Session

Requires that an insurer participating in the assigned risk plan shall review the risk profiles of each policy holder

download bill text pdf

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Archive: Last Bill Status - In Assembly 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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2021-A3827 (ACTIVE) - Details

See Senate Version of this Bill:
S4158
Current Committee:
Assembly Insurance
Law Section:
Insurance Law
Laws Affected:
Add §5305, amd §309, Ins L
Versions Introduced in Other Legislative Sessions:
2019-2020: A9762, S8487
2023-2024: A2588, S1627

2021-A3827 (ACTIVE) - Summary

Requires that an insurer participating in the assigned risk plan shall review the risk profiles of each policy holder that has been assigned to such insurer through the plan to determine if such policy holders are eligible for motor vehicle insurance coverage written by such insurer in the voluntary market.

2021-A3827 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3827
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 28, 2021
                                ___________
 
 Introduced  by M. of A. VANEL -- read once and referred to the Committee
   on Insurance
 
 AN ACT to amend the insurance law, in relation to certain policy review
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  The insurance law is amended by adding a new section 5305
 to read as follows:
   § 5305. POLICY REVIEW. (A) WITHIN NINETY DAYS AFTER THE EFFECTIVE DATE
 OF THIS SECTION AND EVERY TWO YEARS THEREAFTER, AN INSURER PARTICIPATING
 IN THE ASSIGNED RISK PLAN PURSUANT TO THIS ARTICLE SHALL REVIEW THE RISK
 PROFILES OF EACH POLICY HOLDER THAT HAS BEEN ASSIGNED  TO  SUCH  INSURER
 THROUGH  THE  PLAN  TO DETERMINE IF SUCH POLICY HOLDERS ARE ELIGIBLE FOR
 MOTOR VEHICLE INSURANCE COVERAGE WRITTEN BY SUCH INSURER IN  THE  VOLUN-
 TARY  MARKET.  SUCH  INSURER  SHALL,  UPON  RENEWAL, WRITE MOTOR VEHICLE
 INSURANCE COVERAGE IN THE VOLUNTARY MARKET FOR ANY POLICY HOLDER  DETER-
 MINED TO BE ELIGIBLE FOR SUCH COVERAGE.
   (B)  AN  INSURER  SHALL  SEND WRITTEN NOTICE OF THE REVIEW REQUIRED BY
 SUBSECTION (A) OF THIS SECTION TO EACH POLICY  HOLDER  AT  LEAST  THIRTY
 DAYS  PRIOR TO THE DATE THAT SUCH REVIEW IS CONDUCTED. SUCH NOTICE SHALL
 ALSO INFORM EACH POLICY HOLDER OF A POLICY HOLDER'S RIGHT TO SEARCH  FOR
 AND OBTAIN COVERAGE ON THE VOLUNTARY MARKET AT ANY TIME.
   (C)  AN INSURER SHALL ALSO SEND WRITTEN NOTICE OF THE DETERMINATION OF
 ELIGIBILITY FOR COVERAGE  IN  THE  VOLUNTARY  MARKET  MADE  PURSUANT  TO
 SUBSECTION  (A) OF THIS SECTION TO A POLICY HOLDER WITHIN TEN DAYS AFTER
 SUCH DETERMINATION IS MADE.
   (D) ANY PERSON INSURED PURSUANT TO THIS ARTICLE MAY FILE  A  COMPLAINT
 WITH  THE  SUPERINTENDENT  REGARDING  ANY  VIOLATIONS OF THIS SECTION BY
 INSURERS PARTICIPATING IN THE ASSIGNED RISK PLAN.
   § 2. Section 309 of the insurance law  is  amended  by  adding  a  new
 subsection (d) to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03198-01-1

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