What's happening
This bill prohibits insurers from raising premiums or placing insureds in the assigned risk pool solely for accidents during emergency response.
Why it matters
Protects first responders and public servants. by ensuring that police, firefighters, EMTs, and others acting in emergencies are not financially penalized with higher insurance premiums or forced into the assigned risk pool due to accidents that occur while performing their duties.
Removes a potential barrier to emergency response. , since fear of insurance consequences could otherwise discourage individuals from responding quickly or volunteering for public safety roles.
Promotes fairness in insurance practices. by distinguishing between ordinary accidents and those that happen under extraordinary, high-risk circumstances outside the insured’s control, ensuring insurance companies can’t treat both situations the same way.
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Who cares
Headline styles
Protect First Responders' Insurance
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to insurance
- Referred to insurance
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Protect Emergency Responders' Insurance
In Assembly Committee · Insurance · Sponsor David Weprin
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2063
2017-2018 Regular Sessions
IN SENATE
January 11, 2017
Introduced by Sen. LAVALLE -- 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 placement to the assigned risk plan
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 2335-a of the insurance law, as added by chapter 152 of the laws of 1998, is amended to read as follows:
§ 2335-a. Prohibition [of] against rate increases and placement in an assigned risk plan for persons involved in emergency use of vehicles. No insurer authorized to transact or transacting business in this state, or controlling or controlled by or under common control by or with an insurer authorized to transact or transacting business in this state, which sells a policy providing motor vehicle liability insurance coverage in this state shall increase the policy premium in connection with the insurance permitted or required by this chapter or shall place any insured to the motor vehicle insurance assigned risk plan established pursuant to article fifty-three of this chapter solely because the insured or any other person who customarily operates an automobile covered by the policy has had an accident while operating a motor vehicle in response to an emergency, where the insured was either responding to a call to duty as a paid or volunteer member of any police or fire department or first aid squad; or was performing any other function on behalf of the state, any political subdivision thereof, a public authority, public benefit corporation, or any other governmental agency or instrumentality in a public emergency.
§ 2. This act shall take effect on the ninetieth day after it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07838-01-7
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
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
A new section 2335-A is added to amend the insurance law.
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
2015-16 S.1619/A.2579; 2013-14 S.906/A.3355; 2011-12 S.3144; 2009-10 S.2733; 2007-08, S.1850; 2005-06, S.619; 2003-04, S.2064; 2001-02, S.1873; 1999-00, S.3255-A, 1998-98, S.6340.
Fiscal implications
None.
Effective date
90 days after it shall become law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.