Bill Text: NY A04691 | 2009-2010 | General Assembly | Introduced

New York Assembly Bill 4691 (Prior Session Legislation)

Introduced

Bill Title: An act to amend the insurance law, in relation to workers' compensation insurance and employers' liability insurance

Spectrum: Partisan Bill (Democrat 16-0)

Status: (Introduced - Dead) 2010-01-06 - referred to insurance [A04691 Detail]

Download: New_York-2009-A04691-Introduced.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4691
                              2009-2010 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 5, 2009
                                      ___________
       Introduced  by M. of A. MORELLE, CARROZZA, REILLY, FIELDS, COOK, ZEBROW-
         SKI -- Multi-Sponsored by --  M.  of  A.  BING,  DelMONTE,  GOTTFRIED,
         GUNTHER,  HOOPER,  LUPARDO,  MAGEE, McENENY, PHEFFER, ROBINSON -- read
         once and referred to the Committee on Insurance
       AN ACT to amend the insurance law, in relation to workers'  compensation
         insurance and employers' liability insurance
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Paragraph 1 of subsection (a) of section 3426 of the insur-
    2  ance law, as amended by chapter 235 of the laws of 1989, is  amended  to
    3  read as follows:
    4    (1) "Covered  policy" means, for purposes of this section, a policy of
    5  commercial risk insurance, professional  liability  insurance,  WORKERS'
    6  COMPENSATION  INSURANCE, EMPLOYERS' LIABILITY INSURANCE or public entity
    7  insurance, and shall include any contract, certificate or other evidence
    8  of such insurance.
    9    S 2. Paragraph 2 of subsection (l) of section 3426  of  the  insurance
   10  law,  as amended by chapter 65 of the laws of 1998, is amended and a new
   11  paragraph 3 is added to read as follows:
   12    (2) This section shall not apply to policies issued pursuant to a plan
   13  established under article fifty-three, fifty-four or fifty-five of  this
   14  chapter,  surety  policies, [policies providing workers' compensation or
   15  employers' liability coverage,] financial guaranty  insurance,  policies
   16  providing  mortgage  guaranty  or credit insurance, policies principally
   17  marine insurance as defined by paragraph twenty  of  subsection  (a)  of
   18  section  one  thousand  one  hundred  thirteen  of  this  chapter, legal
   19  services insurance, reinsurance contracts, policies written on an excess
   20  line basis, or policies subject to section three thousand  four  hundred
   21  twenty-five of this [chapter] ARTICLE.
   22    (3)  WITH  RESPECT  TO  POLICIES  PROVIDING  WORKERS'  COMPENSATION OR
   23  EMPLOYERS' LIABILITY COVERAGE, IN ADDITION TO THE REQUIREMENTS  OF  THIS
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD08437-01-9
       A. 4691                             2
    1  SECTION,  NO  SUCH  POLICY SHALL BE DEEMED TO BE CANCELLED OR NONRENEWED
    2  UNTIL NOTICE IS FILED IN THE OFFICE OF THE CHAIR OF THE WORKERS' COMPEN-
    3  SATION  BOARD  AND  ALSO  SERVED  UPON  THE  EMPLOYER  PURSUANT  TO  THE
    4  PROVISIONS  OF  SUBDIVISION  FIVE  OF SECTION FIFTY-FOUR OF THE WORKERS'
    5  COMPENSATION LAW.
    6    S 3. This act shall take effect on the thirtieth day  after  it  shall
    7  have become a law.