Senate Bill S8018

Signed By Governor
2023-2024 Legislative Session

Relates to verification of an applicant's New York State driving history when used as a rating or underwriting factor for private passenger motor vehicle insurance

download bill text pdf

Sponsored By

Current Bill Status Via A8500 - 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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2023-S8018 (ACTIVE) - Details

See Assembly Version of this Bill:
A8500
Law Section:
Insurance Law
Laws Affected:
Amd §2327, Ins L; amd §2, Chap of 2023 (as proposed in S.5764-B & A.4668-B)

2023-S8018 (ACTIVE) - Summary

Limits third party verification of an applicant's driving history when used as a rating or underwriting factor for private passenger motor vehicle insurance to such applicant's New York State driving history; limits application to policies issued on and after the effective date.

2023-S8018 (ACTIVE) - Sponsor Memo

2023-S8018 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8018
 
                             I N  S E N A T E
 
                              January 5, 2024
                                ___________
 
 Introduced  by  Sen. BRESLIN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the insurance law and a chapter  of  the  laws  of  2023
   amending  the  insurance  law  relating  to using driving history as a
   rating or underwriting factor  for  private  passenger  motor  vehicle
   insurance,  as  proposed in legislative bills numbers S. 5764-B and A.
   4668-B, in relation to using driving history as a rating or underwrit-
   ing 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. Section 2327 of the insurance law, as added by a chapter of
 the  laws  of  2023 amending the insurance law relating to using driving
 history as a rating or underwriting factor for private  passenger  motor
 vehicle  insurance,  as  proposed in legislative bills numbers S. 5764-B
 and A. 4668-B, is amended to read as follows:
   § 2327. Verification of driving history. No insurer  who  utilizes  an
 applicant's  NEW  YORK STATE 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]  PROCESS  a  percentage  of  the
 annual  premium  due  for  a  policy,  without first making a good faith
 effort to verify said applicant's NEW YORK  STATE  driving  history,  as
 well as the NEW YORK STATE 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-par-
 ty  database,  the NEW YORK STATE 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  NEW YORK STATE 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. Section 2 of a chapter of the laws of 2023 amending the insurance
 law relating to using driving history as a rating or underwriting factor
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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