Prohibits the placement of certain insureds in the motor vehicle insurance assigned risk plan based upon any accident occurring while responding to an accident

4 Co-sponsors

• James S. Alesi
• Ruben Diaz
• William J. Larkin Jr.
• Dale M. Volker

Title of bill

An act to amend the insurance law, in relation to placement to the assigned risk plan

Purpose

Protect volunteer firefighters from personal liability while acting in their capacity as a volunteer firefighter.

Summary of provisions

Section 2335-a of the insurance law is amended.

Justification

This legislation rectifies a disincentive that is being felt by our volunteer firefighters in New York State. Currently, if a volunteer firefighter is operating a motor vehicle during his fire fighting duties and is in an accident while responding to an emergency, he is personally held liable with his own personal auto insurance company. Therefore he is placed in the assigned risk pool and is responsible for increased insurance rates.

This law protects the volunteer firefighter from responsibility while acting in the capacity as a volunteer firefighter and responding to the needs of the communities. Of course this is contingent upon the fact that the firefighter is not grossly negligent.

The volunteer firefighters of New York State are one of our greatest assets. It is necessary that we afford these great men and women every protection to insure that they will not jeopardize their current life styles.

Legislative history

2007-08, S.1850; 2005-06, S.619; 2003-04, S.2064; 2001-02, S.1873; 1999-00, S3255-A, 1997-98, S.6340.

Fiscal implications

None.

Effective date

90 days after it shall become law.