S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9367
 
                             I N  S E N A T E
 
                               May 20, 2022
                                ___________
 
 Introduced  by  Sen. BRESLIN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Insurance
 
 AN ACT to amend the insurance law,  in  relation  to  the  provision  of
   supplemental  spousal  liability  insurance to persons who are insured
   for loss resulting from the ownership, maintenance and use of a  motor
   vehicle

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subsection (g) of section 3420 of  the  insurance  law,  as
 amended  by  chapter  584  of  the  laws  of 2002, is amended to read as
 follows:
   (g) [No] (1) EXCEPT AS OTHERWISE PROVIDED IN  PARAGRAPH  TWO  OF  THIS
 SUBSECTION,  NO policy or contract shall be deemed to insure against any
 liability of an insured because of death of or injuries to  his  or  her
 spouse or because of injury to, or destruction of property of his or her
 spouse   unless  express  provision  relating  specifically  thereto  is
 included in the policy [as provided in paragraphs one and  two  of  this
 subsection].  This  exclusion shall apply only where the injured spouse,
 to be entitled to recover,  must  prove  the  culpable  conduct  of  the
 insured spouse.
   [(1) Upon written request of an insured, and upon payment of a reason-
 able premium established in accordance with article twenty-three of this
 chapter, an] (2) (A) EVERY insurer issuing or delivering any policy that
 satisfies the requirements of article six of the vehicle and traffic law
 shall  provide  coverage  IN SUCH POLICY against liability of an insured
 because of death of or injuries to his or her spouse up to the liability
 insurance limits provided under  such  policy  even  where  the  injured
 spouse,  to  be  entitled to recover, must prove the culpable conduct of
 the insured spouse, UNLESS THE INSURED ELECTS, IN WRITING  AND  IN  SUCH
 FORM AS THE SUPERINTENDENT DETERMINES, TO DECLINE AND REFUSE SUCH COVER-
 AGE  IN  HIS  OR  HER  POLICY. Such insurance coverage shall be known as
 "supplemental spousal liability insurance".
   [(2)] (B) Upon issuance, RENEWAL  OR  AMENDMENT  of  a  motor  vehicle
 liability  policy  that satisfies the requirements of article six of the
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD01416-01-1
 S. 9367                             2
 
 vehicle and traffic law [and that becomes effective on or after  January
 first,  two  thousand  three, pursuant to regulations promulgated by the
 superintendent], the insurer shall notify the insured, in  writing,  [of
 the availability of] THAT SUCH POLICY SHALL INCLUDE supplemental spousal
 liability  insurance UNLESS THE INSURED DECLINES AND REFUSES SUCH INSUR-
 ANCE, IN WRITING AND IN SUCH FORM AS SHALL BE DETERMINED BY  THE  SUPER-
 INTENDENT.    Such  notification  shall be contained on the front of the
 premium notice in boldface type and include  a  concise  statement  that
 supplementary  spousal  coverage is [available] PROVIDED UNLESS DECLINED
 BY THE INSURED, an explanation  of  such  coverage,  and  the  insurer's
 premium  for  such coverage. [Subsequently, a notification of the avail-
 ability of supplementary spousal liability coverage shall be provided at
 least once a year in motor vehicle liability policies issued pursuant to
 article six of the vehicle and traffic law, including  those  originally
 issued  prior  to  January  first,  two thousand three. Such notice must
 include a concise  statement  that  supplementary  spousal  coverage  is
 available,  an  explanation  of such coverage, and the insurer's premium
 for such coverage.]
   § 2. This act shall take effect on the first of January next  succeed-
 ing  the  date  on  which  it shall have become a law and shall apply to
 policies issued, renewed or modified on or after  such  date.  Effective
 immediately,  the addition, amendment and/or repeal of any rule or regu-
 lation necessary for the implementation of this  act  on  its  effective
 date are authorized to be made and completed on or before such effective
 date.