S T A T E O F N E W Y O R K
________________________________________________________________________
439
2023-2024 Regular Sessions
I N S E N A T E
(PREFILED)
January 4, 2023
___________
Introduced by Sens. SKOUFIS, KRUEGER -- read twice and ordered printed,
and when printed to be committed 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,
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02192-01-3
S. 439 2
except a 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, 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
S. 439 3
LAW; or (B) as specified in paragraph one of this subsection. Every
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.
