Senate Bill S5764A

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 - 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-S5764 - Details

Law Section:
Insurance Law
Laws Affected:
Add §2618, Ins L
Versions Introduced in Other Legislative Sessions:
2017-2018: S7987
2019-2020: S3641
2021-2022: S3578

2023-S5764 - Summary

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

2023-S5764 - Sponsor Memo

2023-S5764 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5764
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              March 15, 2023
                                ___________
 
 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 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 to implement  the
 provisions  of  this act on its effective date are authorized to be made
 on or before such date.
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09439-02-3



              

2023-S5764A - Details

Law Section:
Insurance Law
Laws Affected:
Add §2618, Ins L
Versions Introduced in Other Legislative Sessions:
2017-2018: S7987
2019-2020: S3641
2021-2022: S3578

2023-S5764A - Summary

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

2023-S5764A - Sponsor Memo

2023-S5764A - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5764--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              March 15, 2023
                                ___________
 
 Introduced  by  Sen. BRESLIN -- read twice and ordered printed, and when
   printed to be committed to the Committee  on  Insurance  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 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.
                                                            LBD09439-03-3



              

2023-S5764B (ACTIVE) - Details

Law Section:
Insurance Law
Laws Affected:
Add §2618, Ins L
Versions Introduced in Other Legislative Sessions:
2017-2018: S7987
2019-2020: S3641
2021-2022: S3578

2023-S5764B (ACTIVE) - Summary

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

2023-S5764B (ACTIVE) - Sponsor Memo

2023-S5764B (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5764--B
     Cal. No. 1187
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              March 15, 2023
                                ___________
 
 Introduced  by  Sen. BRESLIN -- read twice and ordered printed, and when
   printed to be committed to the Committee  on  Insurance  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to  said  committee -- reported favorably from said committee, ordered
   to first and second report, ordered to a third  reading,  amended  and
   ordered reprinted, retaining its place in 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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