S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1178
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 13, 2023
                                ___________
 
 Introduced  by M. of A. JACOBSON, STECK -- read once and referred to the
   Committee on Insurance
 
 AN ACT to amend the insurance law and the vehicle and  traffic  law,  in
   relation to supplementary uninsured and underinsured motorist coverage
   for police agencies
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subparagraph (A)  of  paragraph  2  of  subsection  (f)  of
 section  3420 of the insurance law, as amended by section 19 of part III
 of chapter 59 of the laws of 2019, is amended to read as follows:
   (A) Any such policy shall, at the option of the insured, also  provide
 supplementary  uninsured/underinsured  motorists  insurance  for  bodily
 injury, in an amount up to the bodily injury liability insurance  limits
 of  coverage  provided  under  such  policy, subject to a maximum of two
 hundred fifty thousand dollars because of bodily injury to or  death  of
 one  person  in  any  one  accident  and,  subject to such limit for one
 person, up to five hundred thousand dollars because of bodily injury  to
 or  death  of  two  or  more  persons in any one accident, or a combined
 single limit policy of five hundred thousand dollars because  of  bodily
 injury  to  or death of one or more persons in any one accident; and any
 such 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 an altered  motor  vehicle
 commonly  referred to as a "stretch limousine" having a seating capacity
 of eight or more passengers used in the business of carrying  or  trans-
 porting    passengers    for    hire,    shall   provide   supplementary
 uninsured/underinsured motorists insurance  for  bodily  injury,  in  an
 amount  of  a combined single limit of one million five hundred thousand
 dollars because of bodily injury or death of one or more persons in  any
 one  accident.  Provided  however,  an  insurer issuing any such policy,
 except a policy insuring against loss resulting from  liability  imposed
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02192-01-3
              

 A. 1178                             2
 
 by law for bodily injury or death suffered by any natural person arising
 out  of  the ownership, maintenance, and use of an altered motor vehicle
 commonly referred to as a "stretch limousine" having a seating  capacity
 of  eight  or more passengers used in the business of carrying or trans-
 porting passengers for hire, in lieu of  offering  to  the  insured  the
 coverages stated above, may provide supplementary uninsured/underinsured
 motorists  insurance  for  bodily  injury, in an amount up to the bodily
 injury liability insurance limits of coverage provided under such  poli-
 cy,  subject  to  a  maximum  of one hundred thousand dollars because of
 bodily injury to or death of one person in any one accident and, subject
 to such limit for one person,  up  to  three  hundred  thousand  dollars
 because  of  bodily injury to or death of two or more persons in any one
 accident, or a combined single limit policy of  three  hundred  thousand
 dollars  because  of bodily injury to or death of one or more persons in
 any one accident, if  such  insurer  also  makes  available  a  personal
 umbrella  policy  with  liability  coverage  limits  up to at least five
 hundred thousand dollars which also provides coverage for  supplementary
 uninsured/underinsured       motorists       claims.       Supplementary
 uninsured/underinsured motorists insurance shall  provide  coverage,  in
 any  state  or  Canadian  province, if the limits of liability under all
 bodily injury liability bonds and insurance policies  of  another  motor
 vehicle liable for damages are in a lesser amount than the bodily injury
 liability  insurance  limits  of  coverage provided by such policy. Upon
 written   request   by   any    insured    covered    by    supplemental
 uninsured/underinsured motorists insurance or his duly authorized repre-
 sentative  and  upon  disclosure  by the insured of the insured's bodily
 injury  and  supplemental  uninsured/underinsured  motorists   insurance
 coverage  limits,  the insurer of any other owner or operator of another
 motor vehicle against which a claim has been made  for  damages  to  the
 insured shall disclose, within forty-five days of the request, the bodi-
 ly  injury liability insurance limits of its coverage provided under the
 policy or all bodily injury liability bonds. The time of the insured  to
 make  any  supplementary uninsured/underinsured motorist claim, shall be
 tolled during the period the insurer of any other owner or  operator  of
 another  motor  vehicle  that  may be liable for damages to the insured,
 fails to so disclose its coverage. As a condition precedent to the obli-
 gation   of   the   insurer   to    pay    under    the    supplementary
 uninsured/underinsured  motorists  insurance  coverage,  the  limits  of
 liability of all bodily injury liability  bonds  or  insurance  policies
 applicable  at the time of the accident shall be exhausted by payment of
 judgments or settlements.  AS USED IN THIS SUBSECTION,  "MOTOR  VEHICLE"
 SHALL INCLUDE FIRE VEHICLES, AS DEFINED IN SECTION ONE HUNDRED FIFTEEN-A
 OF  THE  VEHICLE  AND  TRAFFIC  LAW,  AND POLICE VEHICLES, AS DEFINED IN
 SECTION ONE HUNDRED THIRTY-TWO-A OF THE VEHICLE AND TRAFFIC LAW.
   § 2. Paragraph 5 of subsection (f) of section 3420  of  the  insurance
 law, as amended by chapter 11 of the laws of 2013, is amended to read as
 follows:
   (5)  This  paragraph  shall  apply  to SELF-INSURANCE OR a policy that
 provides supplementary uninsured/underinsured motorist insurance  cover-
 age  for  bodily injury and is a policy: (A) issued or delivered in this
 state that insures against liability arising out of the ownership, main-
 tenance, and use of a fire vehicle, as defined in  section  one  hundred
 fifteen-a  of  the  vehicle  and  traffic law, where the fire vehicle is
 principally garaged or used in this  state,  OR  A  POLICE  VEHICLE,  AS
 DEFINED  IN  SECTION ONE HUNDRED THIRTY-TWO-A OF THE VEHICLE AND TRAFFIC
 LAW; or (B) as specified in paragraph one of  this  subsection.    Every
 A. 1178                             3
 
 such  policy that insures a fire department, fire company, as defined in
 section one hundred of the general municipal law, an ambulance  service,
 [or] a voluntary ambulance service, as defined in section three thousand
 one  of the public health law, OR A POLICE AGENCY, AS DEFINED IN SECTION
 EIGHT HUNDRED THIRTY-FIVE OF  THE  EXECUTIVE  LAW,  shall  provide  such
 supplementary uninsured/underinsured motorist insurance coverage NO LESS
 THAN  THE  BODILY INJURY LIABILITY INSURANCE LIMITS OF COVERAGE PROVIDED
 UNDER SUCH POLICY to an individual employed by or who is a member of the
 fire department, fire company, ambulance service, [or]  voluntary  ambu-
 lance  service,  OR  POLICE AGENCY and who is injured by an uninsured or
 underinsured motor vehicle while acting in the scope of the individual's
 duties for the fire department, fire company,  ambulance  service,  [or]
 voluntary  ambulance service, OR POLICE AGENCY covered under the policy,
 except with respect to the use or operation by such an individual  of  a
 motor vehicle not covered under the policy.
   §  3.  Subdivision 2 of section 388 of the vehicle and traffic law, as
 amended by chapter 608 of the laws  of  1960,  is  amended  to  read  as
 follows:
   2.  As  used  in  this  section, "vehicle" means a "motor vehicle", as
 defined in section one hundred twenty-five of this chapter, except  fire
 and  police  vehicles,  self-propelled combines, self-propelled corn and
 hay harvesting machines and tractors used exclusively  for  agricultural
 purposes,  and shall also include "semitrailer" and "trailer" as defined
 in article one of this chapter, whether or not such vehicles are used or
 operated upon a public highway; PROVIDED, HOWEVER, THAT FOR PURPOSES  OF
 PARAGRAPH  TWO OF SUBDIVISION (F) OF SECTION THREE THOUSAND FOUR HUNDRED
 TWENTY OF THE INSURANCE LAW, THE TERM "MOTOR VEHICLE" SHALL INCLUDE FIRE
 VEHICLES, AS DEFINED IN SECTION ONE HUNDRED FIFTEEN-A OF  THIS  CHAPTER,
 AND  POLICE  VEHICLES, AS DEFINED IN SECTION ONE HUNDRED THIRTY-TWO-A OF
 THIS CHAPTER. For the purpose of this section, self-propelled  caterpil-
 lar or crawler-type equipment while being operated on the contract site,
 shall not be defined as motor vehicles.
   §  4.  This act shall take effect immediately and shall apply to poli-
 cies and contracts issued, renewed, modified, altered or amended  on  or
 after such effective date.