Assembly Bill A4668B

Signed By Governor
2023-2024 Legislative Session

Relates to verification of driving history when used as a rating or underwriting factor for private passenger motor vehicle insurance

download bill text pdf

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Current Bill Status Via S5764 - Signed by Governor

  • 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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Bill Amendments

2023-A4668 - Details

See Senate Version of this Bill:
S5764
Law Section:
Insurance Law
Laws Affected:
Add §2327, Ins L
Versions Introduced in Other Legislative Sessions:
2017-2018: S7987
2019-2020: A7901, S3641
2021-2022: A1809, S3578

2023-A4668 - Summary

Requires third party verification of driving history when used as a rating or underwriting factor for private passenger motor vehicle insurance.

2023-A4668 - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4668
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 22, 2023
                                ___________
 
 Introduced by M. of A. WEPRIN -- read once and referred to the Committee
   on Insurance
 
 AN  ACT to amend the insurance law, in relation to using driving history
   as a rating or underwriting factor for private passenger motor vehicle
   insurance
 
   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 2618
 to read as follows:
   § 2618. VERIFICATION OF DRIVING HISTORY. NO INSURER  WHO  UTILIZES  AN
 APPLICANT'S  DRIVING  HISTORY  AS  A  RATING  OR UNDERWRITING FACTOR FOR
 PRIVATE PASSENGER MOTOR VEHICLE INSURANCE IN  THE  STATE  SHALL  BIND  A
 POLICY  OF  INSURANCE,  OR  ACCEPT  A DOWN PAYMENT FOR A POLICY, WITHOUT
 FIRST VERIFYING SAID APPLICANT'S DRIVING HISTORY, AS WELL AS THE DRIVING
 HISTORY OF ALL NAMED-DRIVERS LISTED BY  THE  APPLICANT  ON  THE  PRIVATE
 PASSENGER  MOTOR  VEHICLE  INSURANCE  APPLICATION,  THROUGH THE USE OF A
 RELIABLE THIRD PARTY DATABASE.
   § 2. This act shall take effect on the ninetieth day  after  it  shall
 have  become  a law and shall apply to policies issued, renewed or modi-
 fied on or after such date. Effective immediately, the addition,  amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation  of  this act on its effective date are authorized to be made and
 completed on or before such effective date.
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09439-01-3

2023-A4668A - Details

See Senate Version of this Bill:
S5764
Law Section:
Insurance Law
Laws Affected:
Add §2327, Ins L
Versions Introduced in Other Legislative Sessions:
2017-2018: S7987
2019-2020: A7901, S3641
2021-2022: A1809, S3578

2023-A4668A - Summary

Requires third party verification of driving history when used as a rating or underwriting factor for private passenger motor vehicle insurance.

2023-A4668A - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4668--A
                                                          Cal. No. 88
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 22, 2023
                                ___________
 
 Introduced by M. of A. WEPRIN -- read once and referred to the Committee
   on  Insurance  --  advanced to a third reading, passed by Assembly and
   delivered to the Senate, recalled from the Senate, vote  reconsidered,
   bill  amended,  ordered reprinted, retaining its place on the order of
   third reading
 
 AN ACT to amend the insurance law, in relation to using driving  history
   as a rating or underwriting factor for private passenger motor vehicle
   insurance
 
   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  2327
 to read as follows:
   §  2327.  VERIFICATION  OF DRIVING HISTORY. NO INSURER WHO UTILIZES AN
 APPLICANT'S DRIVING HISTORY AS  A  RATING  OR  UNDERWRITING  FACTOR  FOR
 PRIVATE  PASSENGER  MOTOR  VEHICLE  INSURANCE IN THIS STATE SHALL BIND A
 POLICY OF INSURANCE, OR ACCEPT A PERCENTAGE OF THE  ANNUAL  PREMIUM  DUE
 FOR  A POLICY, WITHOUT FIRST VERIFYING SUCH APPLICANT'S DRIVING HISTORY,
 AS WELL AS THE DRIVING HISTORY OF ALL NAMED-DRIVERS  THAT  ARE  USED  TO
 RATE THE POLICY AND ARE LISTED BY THE APPLICANT ON THE PRIVATE PASSENGER
 MOTOR  VEHICLE  INSURANCE  APPLICATION, THROUGH THE USE OF A THIRD PARTY
 DATABASE. AN INSURER ALSO SHALL VERIFY, THROUGH A THIRD PARTY  DATABASE,
 THE DRIVING HISTORY OF A NAMED-DRIVER USED TO RATE THE POLICY WHEN ADDED
 DURING  THE  POLICY  PERIOD  AND SHALL VERIFY THE DRIVING HISTORY OF ALL
 DRIVERS USED TO RATE THE POLICY AT POLICY RENEWAL.
   § 2. This act shall take effect on the ninetieth day  after  it  shall
 have  become  a law and shall apply to policies issued, renewed or modi-
 fied on or after such date. Effective immediately, the addition,  amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation  of  this act on its effective date are authorized to be made and
 completed on or before such effective date.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09439-05-3

2023-A4668B (ACTIVE) - Details

See Senate Version of this Bill:
S5764
Law Section:
Insurance Law
Laws Affected:
Add §2327, Ins L
Versions Introduced in Other Legislative Sessions:
2017-2018: S7987
2019-2020: A7901, S3641
2021-2022: A1809, S3578

2023-A4668B (ACTIVE) - Summary

Requires third party verification of driving history when used as a rating or underwriting factor for private passenger motor vehicle insurance.

2023-A4668B (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4668--B
                                                          Cal. No. 88
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 22, 2023
                                ___________
 
 Introduced by M. of A. WEPRIN -- read once and referred to the Committee
   on  Insurance  --  advanced to a third reading, passed by Assembly and
   delivered to the Senate, recalled from the Senate, vote  reconsidered,
   bill  amended,  ordered reprinted, retaining its place on the order of
   third reading -- again amended on third  reading,  ordered  reprinted,
   retaining its place on the order of third reading
 
 AN  ACT to amend the insurance law, in relation to using driving history
   as a rating or underwriting factor for private passenger motor vehicle
   insurance
 
   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 2327
 to read as follows:
   § 2327. VERIFICATION OF DRIVING HISTORY. NO INSURER  WHO  UTILIZES  AN
 APPLICANT'S  DRIVING  HISTORY  AS  A  RATING  OR UNDERWRITING FACTOR FOR
 PRIVATE PASSENGER MOTOR VEHICLE INSURANCE IN THIS  STATE  SHALL  BIND  A
 POLICY  OF  INSURANCE,  OR ACCEPT A PERCENTAGE OF THE ANNUAL PREMIUM DUE
 FOR A POLICY, WITHOUT FIRST MAKING A GOOD FAITH EFFORT  TO  VERIFY  SAID
 APPLICANT'S DRIVING HISTORY, AS WELL AS THE DRIVING HISTORY OF ALL NAMED
 DRIVERS THAT ARE USED TO RATE THE POLICY AND ARE LISTED BY THE APPLICANT
 ON  THE  PRIVATE  PASSENGER MOTOR VEHICLE INSURANCE APPLICATION, THROUGH
 THE USE OF A THIRD-PARTY DATABASE. AN INSURER ALSO SHALL VERIFY, THROUGH
 A THIRD-PARTY DATABASE, THE DRIVING HISTORY OF A NAMED  DRIVER  USED  TO
 RATE THE POLICY WHEN ADDED DURING THE POLICY PERIOD AND SHALL VERIFY THE
 DRIVING  HISTORY  OF  ALL  DRIVERS  USED  TO  RATE  THE POLICY AT POLICY
 RENEWAL, UNLESS THE DRIVING HISTORY IS UNAVAILABLE AT THE  TIME  OF  THE
 INITIAL  INQUIRY DUE TO A TEMPORARY WEBSITE OUTAGE, SERVICE INTERRUPTION
 OR OTHER CIRCUMSTANCES BEYOND THE CONTROL OF THE  INSURER,  PRODUCER  OR
 THIRD-PARTY REPRESENTATIVE.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law and shall apply to policies issued or renewed
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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