S T A T E O F N E W Y O R K ________________________________________________________________________ S. 2925 A. 4259 2015-2016 Regular Sessions S E N A T E - A S S E M B L Y January 30, 2015 ___________ IN SENATE -- Introduced by Sen. DeFRANCISCO -- read twice and ordered printed, and when printed to be committed to the Committee on Judici- ary IN ASSEMBLY -- Introduced by M. of A. CUSICK, ABINANTI -- read once and referred to the Committee on Judiciary AN ACT to amend the general obligations law, in relation to the invalid- ity of additional insurance provisions THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Subdivision 1 of section 5-322.1 of the general obligations 2 law, as amended by chapter 67 of the laws of 1993, is amended to read as 3 follows: 4 1. A covenant, promise, agreement or understanding in, or in 5 connection with or collateral to a contract or agreement relative to the 6 construction, alteration, repair or maintenance of a building, struc- 7 ture, appurtenances and appliances including moving, demolition and 8 excavating connected therewith, purporting to indemnify or hold harmless 9 the promisee against liability for damage arising out of bodily injury 10 to persons or damage to property contributed to, caused by or resulting 11 from the negligence of the promisee, his agents or employees, or indem- 12 nitee, whether such negligence be in whole or in part, is against public 13 policy and is void and unenforceable; provided that this section shall 14 not affect the validity of any insurance contract, workers' compensation 15 agreement or other agreement issued by an admitted insurer; PROVIDED 16 FURTHER, THAT A PROVISION IN A CONSTRUCTION CONTRACT THAT REQUIRES THE 17 PURCHASE OF ADDITIONAL INSURED COVERAGE, OR ANY COVERAGE ENDORSEMENT, OR 18 PROVISION WITHIN AN INSURANCE POLICY PROVIDING ADDITIONAL INSURED COVER- 19 AGE, IS VOID AND UNENFORCEABLE TO THE EXTENT THAT IT REQUIRES COVERAGE, 20 THE SCOPE OF WHICH IS PROHIBITED UNDER THIS SUBDIVISION. This subdivi- 21 sion shall not preclude a promisee requiring indemnification for damages EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD07513-01-5 S. 2925 2 A. 4259 1 arising out of bodily injury to persons or damage to property caused by 2 or resulting from the negligence of a party other than the promisee, 3 whether or not the promisor is partially negligent. 4 S 2. This act shall take effect on the thirtieth day after it shall 5 have become a law and shall apply only to any covenants, promises, 6 agreements or understandings in, or in connection with or collateral to 7 a contract or agreement entered into on or after such date.