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NAMIC 2006 Survey of New State Insurance Laws Summary and Analysis

2006 SUMMARY OF NEW STATE LAWS - NEW YORK

New York State Legislative Website

BILL #

CHAPTER #

ISSUE

BILL DESCRIPTION

AB 632

162

Property insurance

Directs the Superintendent of Insurance to establish standards for notice of cancellation, non-renewal, or conditional renewal for certain homeowners' polices and policies on property located in areas served by a market assistance program established by the Superintendent for the purpose of facilitating placement of homeowners' insurance. Effective: Nov. 23, 2006.

AB 1973

169

Commercial insurance

Requires certain notices pertaining to commercial insurance policies to include the annual premium and loss information, such information shall be printed in such manner that it includes sufficient contrast of ink and paper to be legible. Effective: Aug. 25, 2006.

AB 4914

571

Motor vehicle insurance - traffic offenses

Mandates revocation and suspension of driver's license for conviction of a traffic infraction for a subsequent violation when such infraction caused serious physical injury or death. Effective: Nov. 1, 2006.

AB 5399

572

Workers' compensation - contractor requirements

Excludes media sales representatives, acting as independent contractors, from the provisions of unemployment insurance, workers` compensation and disability. Effective: Jan. 1, 2007.

AB 7066

99

Workers' compensation - self-insurance

Authorizes the partners of registered limited liability partnerships and members of limited liability companies and professional service limited liability companies to purchase workers' compensation coverage for themselves or be covered by self-insurance. Effective: June 13, 2006.

AB 7349

63

Identity theft - security freeze

Enacts the Identity Theft Prevention and Mitigation Act, establishes procedures to allow consumers to put a security freeze on their consumer information, provides for enforcement by the attorney general and security of social security account numbers, provides for possible civil penalties, provides for notice of information to the affected consumer of a breach of security by a consumer credit agency that erroneously releases a credit report subject to a security freeze. Effective: Nov. 1, 2006.

AB 7633

180

Motor vehicle insurance -- miscellaneous

Requires owners and operators of automobile dismantlers, junkyards and scrap metal processing facilities to hold a permit issued by the Department of Environmental Conservation authorizing the operation of such a facility, directs the department to promulgate rules and regulations for the operation of such facilities. Effective: July 26, 2006.

AB 7993

182

E-commerce

Provides for electronic access to public records. Effective: July 26, 2006.

AB 8456

65

Identity theft - personal information

Relates to disposal of records containing personal information: Effective: Dec. 4, 2006.

AB 8840

592

Workers' compensation - benefits, claims or treatments

Provides for the rates of payment to general hospitals for the treatment and care of injured employees under workers' compensation for certain spinal procedures, requires a study for the effect of these adjustments on the Workers' Compensation Program. Effective: April 1, 2006.

AB 9346

202

Property insurance

Provides that carbon monoxide detectors must be installed in dwellings that have appliances, devices, or systems that may emit carbon dioxide. Effective: Dec. 5, 2005.

AB 10179

223

Group insurance

Amends the insurance law relating to credit cards, debit cards and checking account group policies, in relation to extending the expiration date of provisions allowing issuance of certain property/casualty insurance on a group basis in connection with credit card, debit card or checking accounts. Effective: July 26, 2006.

AB 11129

626

State regulation

Relates to authorizing and defining salary protection insurance against financial loss caused by loss of income due to illness or injury. Effective: Aug. 16, 2006.

AB 11401

115

Rate regulation

Extends provisions relating to the setting of automobile and property/casualty insurance rates, amends the insurance law, in relation to homeowners' insurance/catastrophe coverage and the New York property insurance underwriting association and the termination of such association and of certain stand-by powers of such association, amends the insurance law relating to homeowners' insurance and a temporary panel on homeowners' insurance coverage. Effective: June 30, 2006.

SB 2633

294

Property insurance

Provides that burglary and theft insurance covers expenses for acts or threatened acts of violence and sets out definition of extended families. Effective: July 26, 2006.

SB 6909

443

Identity theft - personal information

Relates to the confidentiality of social security numbers, defines social security account number, prohibits certain uses of social security account numbers by persons, firms, partnerships, associations or corporations, authorizes a consumer reporting agency to furnish social security account numbers of a consumer, or any derivative thereof, under certain circumstances. Effective: Sept. 13, 2006.

SB 7154

151

Motor vehicle insurance - watercraft issues

Makes the penalties for boating while intoxicated and boating while ability impaired the same as driving while intoxicated and driving while ability impaired. Effective: Aug. 6, 2006.

SB 7899

527

Corporate governance - company rules

Increases the amount of net premium which a domestic mutual property/casualty insurance company may expend for management expenses. Effective: Aug. 16, 2006.

SB 8119

727

Tort reform - medical malpractice

Provides certain established limitations on the risks of insurers shall not apply to insurers whose primary liability arises from the business of medical malpractice insurance. Effective: Sept. 13, 2006.

SB 8232

732

Motor vehicle insurance - traffic offenses

Prohibits a person from operating a motor vehicle while such person has .18 grams or more by weight of alcohol in such person`s blood. Effective: Nov. 1, 2006.

SB 8445

738

Motor vehicle insurance - traffic offenses

Creates three new crimes regarding fleeing a police officer in a motor vehicle causing physical injury (A misdemeanor); serious physical injury (E felony) and death (D felony). Effective: Nov. 1, 2006.

The information contained in this summary is not intended as a portrayal of every property/casualty-related law enacted in each state. Rather, it represents recently enacted legislation specifically identified by NAMIC State and Regulatory Affairs Staff as bearing direct relevance to those issues that represent NAMIC's National State Legislative Agenda or otherwise deemed pertinent to the interests of the majority of NAMIC members.

This summary is for use as a convenient tool for our members, and is not intended, and should not be considered to be, legal advice. Please consult your legal representatives.