§ 3420 — Liability insurance; standard provisions; right of injured person

New York § 3420

• Jurisdiction: New York
• Law ISC: Insurance
• Art. 34: Insurance Contracts-property/casualty

Text

§ 3420. Liability insurance; standard provisions; right of injured\nperson. (a) No policy or contract insuring against liability for injury\nto person, except as provided in subsection (g) of this section, or\nagainst liability for injury to, or destruction of, property shall be\nissued or delivered in this state, unless it contains in substance the\nfollowing provisions or provisions that are equally or more favorable to\nthe insured and to judgment creditors so far as such provisions relate\nto judgment creditors:\n (1) A provision that the insolvency or bankruptcy of the person\ninsured, or the insolvency of the insured's estate, shall not release\nthe insurer from the payment of damages for injury sustained or loss\noccasioned during the life of and within the coverage of such policy or\ncontract.\n (2) A provision that in case judgment against the insured or the\ninsured's personal representative in an action brought to recover\ndamages for injury sustained or loss or damage occasioned during the\nlife of the policy or contract shall remain unsatisfied at the\nexpiration of thirty days from the serving of notice of entry of\njudgment upon the attorney for the insured, or upon the insured, and\nupon the insurer, then an action may, except during a stay or limited\nstay of execution against the insured on such judgment, be maintained\nagainst the insurer under the terms of the policy or contract for the\namount of such judgment not exceeding the amount of the applicable limit\nof coverage under such policy or contract.\n (3) A provision that notice given by or on behalf of the insured, or\nwritten notice by or on behalf of the injured person or any other\nclaimant, to any licensed agent of the insurer in this state, with\nparticulars sufficient to identify the insured, shall be deemed notice\nto the insurer.\n (4) A provision that failure to give any notice required to be given\nby such policy within the time prescribed therein shall not invalidate\nany claim made by the insured, an injured person or any other claimant\nif it shall be shown not to have been reasonably possible to give such\nnotice within the prescribed time and that notice was given as soon as\nwas reasonably possible thereafter.\n (5) A provision that failure to give any notice required to be given\nby such policy within the time prescribed therein shall not invalidate\nany claim made by the insured, injured person or any other claimant,\nunless the failure to provide timely notice has prejudiced the insurer,\nexcept as provided in paragraph four of this subsection. With respect to\na claims-made policy, however, the policy may provide that the claim\nshall be made during the policy period, any renewal thereof, or any\nextended reporting period, except as provided in paragraph four of this\nsubsection. As used in this paragraph, the terms "claims-made policy"\nand "extended reporting period" shall have their respective meanings as\nprovided in a regulation promulgated by the superintendent.\n (6) A provision that, with respect to a claim arising out of death or\npersonal injury of any person, if the insurer disclaims liability or\ndenies coverage based upon the failure to provide timely notice, then\nthe injured person or other claimant may maintain an action directly\nagainst such insurer, in which the sole question is the insurer's\ndisclaimer or denial based on the failure to provide timely notice,\nunless within sixty days following such disclaimer or denial, the\ninsured or the insurer: (A) initiates an action to declare the rights of\nthe parties under the insurance policy; and (B) names the injured person\nor other claimant as a party to the action.\n (b) Subject to the limitations and conditions of paragraph two of\nsubsection (a) of this section, an action may be maintained by the\nfollowing persons against the insurer upon any policy or contract of\nliability insurance that is governed by such paragraph, to recover the\namount of a judgment against the insured or his personal representative:\n (1) any person who, or the personal representative of any person who,\nhas obtained a judgment against the insured or the insured's personal\nrepresentative, for damages for injury sustained or loss or damage\noccasioned during the life of the policy or contract;\n (2) any person who, or the personal representative of any person who,\nhas obtained a judgment against the insured or the insured's personal\nrepresentative to enforce a right of contribution or indemnity, or any\nperson subrogated to the judgment creditor's rights under such judgment;\nand\n (3) any assignee of a judgment obtained as specified in paragraph one\nor paragraph two of this subsection, subject further to the limitation\ncontained in section 13-103 of the general obligations law.\n (c) (1) If an action is maintained against an insurer under the\nprovisions of paragraph two of subsection (a) of this section and the\ninsurer alleges in defense that the insured failed or refused to\ncooperate with the insurer in violation of any provision in the policy\nor contract requiring such cooperation, then the burden shall be upon\nthe insurer to prove such alleged failure or refusal to cooperate.\n (2)(A) In any action in which an insurer alleges that it was\nprejudiced as a result of a failure to provide timely notice, the burden\nof proof shall be on: (i) the insurer to prove that it has been\nprejudiced, if the notice was provided within two years of the time\nrequired under the policy; or (ii) the insured, injured person or other\nclaimant to prove that the insurer has not been prejudiced, if the\nnotice was provided more than two years after the time required under\nthe policy.\n (B) Notwithstanding subparagraph (A) of this paragraph, an\nirrebuttable presumption of prejudice shall apply if, prior to notice,\nthe insured's liability has been determined by a court of competent\njurisdiction or by binding arbitration; or if the insured has resolved\nthe claim or suit by settlement or other compromise.\n (C) The insurer's rights shall not be deemed prejudiced unless the\nfailure to timely provide notice materially impairs the ability of the\ninsurer to investigate or defend the claim.\n (d)(1)(A) This paragraph applies with respect to a liability policy\nthat provides coverage with respect to a claim arising out of the death\nor bodily injury of any person, where the policy is: (i) subject to\nsection three thousand four hundred twenty-five of this article, other\nthan an excess liability or umbrella policy; or (ii) used to satisfy a\nfinancial responsibility requirement imposed by law or regulation.\n (B) Upon an insurer's receipt of a written request by an injured\nperson who has filed a claim or by another claimant, an insurer shall,\nwithin sixty days of receipt of the written request: (i) confirm to the\ninjured person or other claimant in writing whether the insured had a\nliability insurance policy of the type specified in subparagraph (A) of\nthis paragraph in effect with the insurer on the date of the alleged\noccurrence; and (ii) specify the liability insurance limits of the\ncoverage provided under the policy.\n (C) If the injured person or other claimant fails to provide\nsufficient identifying information to allow the insurer, in the exercise\nof reasonable diligence, to identify a liability insurance policy that\nmay be relevant to the claim, the insurer shall within forty-five days\nof receipt of the written request, so advise the injured person or other\nclaimant in writing and identify for the injured person or other\nclaimant the additional information needed. Within forty-five days of\nreceipt of the additional information, the insurer shall provide the\ninformation required under subparagraph (B) of this paragraph.\n (2) If under a liability policy issued or delivered in this state, an\ninsurer shall disclaim liability or deny coverage for death or bodily\ninjury arising out of a motor vehicle accident or any other type of\naccident occurring within this state, it shall give written notice as\nsoon as is reasonably possible of such disclaimer of liability or denial\nof coverage to the insured and the injured person or any other claimant.\n (e) No policy or contract of personal injury liability insurance or of\nproperty damage liability insurance, covering liability arising from the\nownership, maintenance or operation of any motor vehicle or of any\nvehicle as defined in section three hundred eighty-eight of the vehicle\nand traffic law, or an aircraft, or any vessel as defined in section\nforty-eight of the navigation law, shall be issued or delivered in this\nstate to the owner thereof, or shall be issued or delivered by any\nauthorized insurer upon any such vehicle or aircraft or vessel then\nprincipally garaged or principally used in this state, unless it\ncontains a provision insuring the named insured against liability for\ndeath or injury sustained, or loss or damage occasioned within the\ncoverage of the policy or contract, as a result of negligence in the\noperation or use of such vehicle, aircraft or vessel, as the case may\nbe, by any person operating or using the same with the permission,\nexpress or implied, of the named insured.\n (f) (1) No policy insuring against loss resulting from liability\nimposed by law for bodily injury or death suffered by any natural person\narising out of the ownership, maintenance and use of a motor vehicle or\nan altered motor vehicle commonly referred to as a "stretch limousine"\nhaving a seating capacity of eight or more passengers used in the\nbusiness of carrying or transporting passengers for hire, by the insured\nshall be issued or delivered by any authorized insurer upon any motor\nvehicle or an altered motor vehicle commonly referred to as a "stretch\nlimousine" having a seating capacity of eight or more passengers used in\nthe business of carrying or transporting passengers for hire, then\nprincipally garaged or principally used in this state unless it contains\na provision whereby the insurer agrees that it will pay to the insured,\nas defined in such provision, subject to the terms and conditions set\nforth therein to be prescribed by the board of directors of the Motor\nVehicle Accident Indemnification Corporation and approved by the\nsuperintendent, all sums, not exceeding a maximum amount or limit of\ntwenty-five thousand dollars exclusive of interest and costs, on account\nof injury to and all sums, not exceeding a maximum amount or limit of\nfifty thousand dollars exclusive of interest and costs, on account of\ndeath of one person, in any one accident, and the maximum amount or\nlimit, subject to such limit for any one person so injured of fifty\nthousand dollars or so killed of one hundred thousand dollars, exclusive\nof interest and costs, on account of injury to, or death of, more than\none person in any one accident, which the insured or his legal\nrepresentative shall be entitled to recover as damages from an owner or\noperator of an uninsured motor vehicle, unidentified motor vehicle which\nleaves the scene of an accident, a motor vehicle registered in this\nstate as to which at the time of the accident there was not in effect a\npolicy of liability insurance, a stolen vehicle, a motor vehicle\noperated without permission of the owner, an insured motor vehicle where\nthe insurer disclaims liability or denies coverage or an unregistered\nvehicle because of bodily injury, sickness or disease, including death\nresulting therefrom, sustained by the insured, caused by accident\noccurring in this state and arising out of the ownership, maintenance or\nuse of such motor vehicle. No payment for non-economic loss shall be\nmade under such policy provision to a covered person unless such person\nhas incurred a serious injury, as such terms are defined in section five\nthousand one hundred two of this chapter. Such policy shall not\nduplicate any element of basic economic loss provided for under article\nfifty-one of this chapter. No payments of first party benefits for basic\neconomic loss made pursuant to such article shall diminish the\nobligations of the insurer under this policy provision for the payment\nof non-economic loss and economic loss in excess of basic economic loss.\nNotwithstanding any inconsistent provisions of section three thousand\nfour hundred twenty-five of this article, any such policy which does not\ncontain the aforesaid provisions shall be construed as if such\nprovisions were embodied therein.\n (2) (A) Any such policy shall, at the option of the insured, also\nprovide supplementary uninsured/underinsured motorists insurance for\nbodily injury, in an amount up to the bodily injury liability insurance\nlimits of coverage provided under such policy, subject to a maximum of\ntwo hundred fifty thousand dollars because of bodily injury to or death\nof one person in any one accident and, subject to such limit for one\nperson, up to five hundred thousand dollars because of bodily injury to\nor death of two or more persons in any one accident, or a combined\nsingle limit policy of five hundred thousand dollars because of bodily\ninjury to or death of one or more persons in any one accident; and any\nsuch policy insuring against loss resulting from liability imposed by\nlaw for bodily injury or death suffered by any natural person arising\nout of the ownership, maintenance, and use of an altered motor vehicle\ncommonly referred to as a "stretch limousine" having a seating capacity\nof eight or more passengers used in the business of carrying or\ntransporting passengers for hire, shall provide supplementary\nuninsured/underinsured motorists insurance for bodily injury, in an\namount of a combined single limit of one million five hundred thousand\ndollars because of bodily injury or death of one or more persons in any\none accident. Provided however, an insurer issuing any such policy,\nexcept a policy insuring against loss resulting from liability imposed\nby law for bodily injury or death suffered by any natural person arising\nout of the ownership, maintenance, and use of an altered motor vehicle\ncommonly referred to as a "stretch limousine" having a seating capacity\nof eight or more passengers used in the business of carrying or\ntransporting passengers for hire, in lieu of offering to the insured the\ncoverages stated above, may provide supplementary uninsured/underinsured\nmotorists insurance for bodily injury, in an amount up to the bodily\ninjury liability insurance limits of coverage provided under such\npolicy, subject to a maximum of one hundred thousand dollars because of\nbodily injury to or death of one person in any one accident and, subject\nto such limit for one person, up to three hundred thousand dollars\nbecause of bodily injury to or death of two or more persons in any one\naccident, or a combined single limit policy of three hundred thousand\ndollars because of bodily injury to or death of one or more persons in\nany one accident, if such insurer also makes available a personal\numbrella policy with liability coverage limits up to at least five\nhundred thousand dollars which also provides coverage for supplementary\nuninsured/underinsured motorists claims. Supplementary\nuninsured/underinsured motorists insurance shall provide coverage, in\nany state or Canadian province, if the limits of liability under all\nbodily injury liability bonds and insurance policies of another motor\nvehicle liable for damages are in a lesser amount than the bodily injury\nliability insurance limits of coverage provided by such policy. Upon\nwritten request by any insured covered by supplemental\nuninsured/underinsured motorists insurance or his duly authorized\nrepresentative and upon disclosure by the insured of the insured's\nbodily injury and supplemental uninsured/underinsured motorists\ninsurance coverage limits, the insurer of any other owner or operator of\nanother motor vehicle against which a claim has been made for damages to\nthe insured shall disclose, within forty-five days of the request, the\nbodily injury liability insurance limits of its coverage provided under\nthe policy or all bodily injury liability bonds. The time of the insured\nto make any supplementary uninsured/underinsured motorist claim, shall\nbe tolled during the period the insurer of any other owner or operator\nof another motor vehicle that may be liable for damages to the insured,\nfails to so disclose its coverage. As a condition precedent to the\nobligation of the insurer to pay under the supplementary\nuninsured/underinsured motorists insurance coverage, the limits of\nliability of all bodily injury liability bonds or insurance policies\napplicable at the time of the accident shall be exhausted by payment of\njudgments or settlements. As used in this subsection, "motor vehicle"\nshall include fire vehicles, as defined in section one hundred fifteen-a\nof the vehicle and traffic law, and police vehicles, as defined in\nsection one hundred thirty-two-a of the vehicle and traffic law.\n (B) In addition to the notice provided, upon issuance of a policy of\nmotor vehicle liability insurance pursuant to regulations promulgated by\nthe superintendent, insurers shall notify insureds, in writing, of the\navailability of supplementary uninsured/underinsured motorists coverage.\nSuch notification shall contain an explanation of supplementary\nuninsured/underinsured motorists coverage and the amounts in which it\ncan be purchased. Subsequently, a notification of availability shall be\nprovided at least once a year and may be simplified pursuant to\nregulations promulgated by the superintendent, but must include a\nconcise statement that supplementary uninsured/underinsured motorists\ncoverage is available, an explanation of such coverage, and the coverage\nlimits that can be purchased from the insurer.\n * (2-a) (A) Notwithstanding paragraph two of this subsection, this\nparagraph shall apply to any new insurance policy or contract subject to\nthis subsection entered into after the effective date of this paragraph.\nThis paragraph shall not be deemed to apply to any policies originally\nentered into prior to the effective date of this paragraph, but renewed\nafter the effective date of this paragraph, or to any policy of\ncommercial risk insurance. Any new insurance policy or contract entered\ninto after the effective date of this paragraph shall, at the option of\nthe first named insured, also provide supplementary\nuninsured/underinsured motorists insurance for bodily injury, in an\namount equal to the bodily injury liability insurance limits of coverage\nprovided under such motor vehicle liability insurance policy; provided,\nhowever, that a first named insured may exercise the choice to decline\nsuch supplementary uninsured/underinsured motorists insurance or select\na lower amount of coverage through a written waiver signed, or\nelectronically signed, by such insured, subject to the requirements of\nsubparagraph (B) of this paragraph. Supplementary uninsured/underinsured\nmotorists insurance shall provide coverage, in any state or Canadian\nprovince, if the limits of liability under all bodily injury liability\nbonds and insurance policies of any other motor vehicle liable for\ndamages are in a lesser amount than the bodily injury liability\ninsurance limits of coverage provided by such policy. Upon written\nrequest by any insured covered by supplemental uninsured/underinsured\nmotorists insurance or a duly authorized representative and upon\ndisclosure by the insured of the insured's bodily injury and\nsupplemental uninsured/underinsured motorists insurance coverage limits,\nthe insurer of any other owner or operator of another motor vehicle\nagainst which a claim has been made for damages to the insured shall\ndisclose, within forty-five days of the request, the bodily injury\nliability insurance limits of its coverage provided under the policy or\nall bodily injury liability bonds. The time of the insured to make any\nsupplementary uninsured/underinsured motorist claim, shall be tolled\nduring the period the insurer of any other owner or operator of another\nmotor vehicle that may be liable for damages to the insured, fails to so\ndisclose its coverage. As a condition precedent to the obligation of the\ninsurer to pay under the supplementary uninsured/underinsured motorists\ninsurance coverage, the limits of liability of all bodily injury\nliability bonds or insurance policies applicable at the time of the\naccident shall be exhausted by payment of judgments or settlements.\n (B) In addition to the notice provided, upon issuance of a policy of\nmotor vehicle liability insurance pursuant to regulations promulgated by\nthe superintendent, insurers shall notify insureds, in writing, of the\navailability of supplementary uninsured/underinsured motorists coverage.\nSuch notification shall contain an explanation of supplementary\nuninsured/underinsured motorists coverage and the amounts in which it\ncan be purchased. Subsequently, a notification of availability shall be\nprovided at least once a year and may be simplified pursuant to\nregulations promulgated by the superintendent, but must include a\nconcise statement that supplementary uninsured/underinsured motorists\ncoverage is available, an explanation of such coverage, and the coverage\nlimits that can be purchased from the insurer. If an insured elects to\nreject supplementary uninsured/underinsured motorist coverage or select\na lower amount of supplementary uninsured/underinsured motorist coverage\nthan the bodily injury liability insurance limits of coverage provided\nunder the insured's motor vehicle liability insurance policy, the\nselection of lower supplementary uninsured/underinsured motorists\ncoverage or rejection of such coverage must be made on a written or\nelectronic form provided to the first named insured. Such form shall\nalso advise that such coverage is equal to the insured's bodily injury\nliability limits under the motor vehicle liability insurance policy\nunless lower limits are requested or the coverage is rejected.\n (i) The form shall also advise that supplementary\nuninsured/underinsured motorists coverage (sum coverage) provides\ninsurance protection for any person included as insured under your\npolicy if he or she is injured in an accident involving another motor\nvehicle whose owner or operator was negligent but who has either no\nbodily injury or liability insurance, or less than the insurance you\ncarry. Sum coverage shall be equal to the level of the bodily injury\nliability coverage of your motor vehicle liability insurance policy\nunless you sign a waiver requesting lower coverage or declining the\ncoverage. You are urged to carefully consider this decision.\n (ii) An insured's written waiver shall apply to all subsequent\nrenewals of coverage and to all policies or endorsements which extend,\nchange, supersede, or replace an existing policy issued to the named\ninsured, unless changed in writing by any named insured.\n (iii) The selection of lower supplementary uninsured/underinsured\nmotorists coverage or the rejection of such coverage by any first named\ninsured shall be binding upon all insureds under such policy.\n (C) Notwithstanding the provisions of subparagraph (A) of this\nparagraph, at the insurer's option, the insured's supplementary\nuninsured/underinsured motorists coverage limit may be required to equal\nthe insured's bodily injury liability insurance limit under the motor\nvehicle liability insurance policy.\n (D) An insurer may provide the coverage described in this paragraph\navailable in an umbrella or excess liability policy if the umbrella or\nexcess liability policy expressly provides such coverage.\n * NB Repealed June 30, 2026\n (3) The protection provided by this subsection shall not apply to any\ncause of action by an insured person arising out of a motor vehicle\naccident occurring in this state against a person whose identity is\nunascertainable, unless the bodily injury to the insured person arose\nout of physical contact of the motor vehicle causing the injury with the\ninsured person or with a motor vehicle which the insured person was\noccupying (meaning in or upon or entering into or alighting from) at the\ntime of the accident.\n (4) An insurer shall give notice to the commissioner of motor vehicles\nof the entry of any judgment upon which a claim is made against such\ninsurer under this subsection and of the payment or settlement of any\nclaim by the insurer.\n (5) This paragraph shall apply to a policy that provides supplementary\nuninsured/underinsured motorist insurance coverage for bodily injury and\nis a policy: (A) issued or delivered in this state that insures against\nliability arising out of the ownership, maintenance, and use of a fire\nvehicle, as defined in section one hundred fifteen-a of the vehicle and\ntraffic law, where the fire vehicle is principally garaged or used in\nthis state, or a police vehicle, as defined in section one hundred\nthirty-two-a of the vehicle and traffic law, where the police vehicle is\nprincipally garaged or used in this state; or (B) as specified in\nparagraph one of this subsection. Every such policy that insures a fire\ndepartment, fire company, as defined in section one hundred of the\ngeneral municipal law, an ambulance service, a voluntary ambulance\nservice, as defined in section three thousand one of the public health\nlaw, or a police agency, as defined in section eight hundred thirty-five\nof the executive law, shall provide such supplementary\nuninsured/underinsured motorist insurance coverage to an individual\nemployed by or who is a member of the fire department, fire company,\nambulance service, voluntary ambulance service, or police agency and who\nis injured by an uninsured or underinsured motor vehicle while acting in\nthe scope of the individual's duties for the fire department, fire\ncompany, ambulance service, voluntary ambulance service, or police\nagency covered under the policy, except with respect to the use or\noperation by such an individual of a motor vehicle not covered under the\npolicy.\n * (g) (1) Except as otherwise provided in paragraph two of this\nsubsection, no policy or contract shall be deemed to insure against any\nliability of an insured because of death of or injuries to the insured's\nspouse or because of injury to, or destruction of property of the\ninsured's spouse unless express provision relating specifically thereto\nis included in the policy. This exclusion shall apply only where the\ninjured spouse, to be entitled to recover, must prove the culpable\nconduct of the insured spouse.\n (2) (A) (i) Upon issuance of a motor vehicle liability policy and\npayment of a reasonable premium established in accordance with article\ntwenty-three of this chapter, an insurer issuing or delivering any\npolicy that satisfies the requirements of article six of the vehicle and\ntraffic law and is subject to section three thousand four hundred\ntwenty-five of this article shall provide coverage in such a policy\nissued to a first named insured who has indicated that such insured has\na spouse on the insurance application, against liability of an insured\nbecause of death of or injuries to the insured's spouse up to the\nliability insurance limits provided under such policy even where the\ninjured spouse, to be entitled to recover, must prove the culpable\nconduct of the insured spouse, unless a first named insured elects, in\nwriting and in such form as the superintendent determines, to decline\nand refuse such coverage in the first named insured's policy. Such\ninsurance coverage shall be known as "supplemental spousal liability\ninsurance".\n (ii) Upon written request of an insured, and upon payment of a\nreasonable premium established in accordance with article twenty-three\nof this chapter, an insurer issuing or delivering any policy that\nsatisfies the requirements of article six of the vehicle and traffic\nlaw, other than as specified in item (i) of this subparagraph, shall\nprovide coverage in such a policy against liability of an insured\nbecause of death of or injuries to the insured's spouse up to the\nliability insurance limits provided under such policy even where the\ninjured spouse, to be entitled to recover, must prove the culpable\nconduct of the insured spouse.\n (B) (i) Upon issuance of a motor vehicle liability policy that\nsatisfies the requirements of article six of the vehicle and traffic law\nand is subject to section three thousand four hundred twenty-five of\nthis article, the insurer shall notify a first named insured who has\nindicated that such insured has a spouse on the insurance application,\nin writing, that such policy shall include supplemental spousal\nliability insurance unless a first named insured declines and refuses\nsuch insurance, in writing and in such form as shall be determined by\nthe superintendent. Such notification shall be contained on the front of\nthe premium notice in boldface type and include a concise statement that\nsupplemental spousal liability coverage is provided unless declined by a\nfirst named insured, an explanation of such coverage, and the insurer's\npremium for such coverage.\n (ii) Upon renewal or amendment of a motor vehicle liability policy\nthat satisfies the requirements of article six of the vehicle and\ntraffic law and has supplemental spousal liability coverage under the\npolicy, the insurer shall provide a notification to a first named\ninsured that includes a concise statement that such policy includes\nsupplemental spousal liability coverage unless declined by a first named\ninsured in writing and in such form as shall be determined by the\nsuperintendent, an explanation of such coverage, and the insurer's\npremium for such coverage. Such notification shall be contained on the\nfront of the premium notice in boldface type.\n (iii) A written declination shall apply to subsequent policy renewals\nunless a first named insured requests supplemental spousal liability\ninsurance.\n (C) A notification of the availability of supplemental spousal\nliability insurance shall be provided upon policy issuance, other than\nfor the policies to which the notification requirement in item (i) of\nsubparagraph (B) of this paragraph applies, and at least once a year for\nall motor vehicle liability policies that satisfy the requirements of\narticle six of the vehicle and traffic law, where the policy does not\nalready provide supplemental spousal liability insurance. Such notice\nshall be contained on the front of the premium notice in boldface type\nand include a concise statement that supplemental spousal liability\ncoverage is available, an explanation of such coverage, and the\ninsurer's premium for such coverage.\n * NB Effective until July 31, 2027\n * (g) No policy or contract shall be deemed to insure against any\nliability of an insured because of death of or injuries to his or her\nspouse or because of injury to, or destruction of property of his or her\nspouse unless express provision relating specifically thereto is\nincluded in the policy as provided in paragraphs one and two of this\nsubsection. This exclusion shall apply only where the injured spouse, to\nbe entitled to recover, must prove the culpable conduct of the insured\nspouse.\n (1) Upon written request of an insured, and upon payment of a\nreasonable premium established in accordance with article twenty-three\nof this chapter, an insurer issuing or delivering any policy that\nsatisfies the requirements of article six of the vehicle and traffic law\nshall provide coverage against liability of an insured because of death\nof or injuries to his or her spouse up to the liability insurance limits\nprovided under such policy even where the injured spouse, to be entitled\nto recover, must prove the culpable conduct of the insured spouse. Such\ninsurance coverage shall be known as "supplemental spousal liability\ninsurance".\n (2) Upon issuance of a motor vehicle liability policy that satisfies\nthe requirements of article six of the vehicle and traffic law and that\nbecomes effective on or after January first, two thousand three,\npursuant to regulations promulgated by the superintendent, the insurer\nshall notify the insured, in writing, of the availability of\nsupplemental spousal liability insurance. Such notification shall be\ncontained on the front of the premium notice in boldface type and\ninclude a concise statement that supplementary spousal coverage is\navailable, an explanation of such coverage, and the insurer's premium\nfor such coverage. Subsequently, a notification of the availability of\nsupplementary spousal liability coverage shall be provided at least once\na year in motor vehicle liability policies issued pursuant to article\nsix of the vehicle and traffic law, including those originally issued\nprior to January first, two thousand three. Such notice must include a\nconcise statement that supplementary spousal coverage is available, an\nexplanation of such coverage, and the insurer's premium for such\ncoverage.\n * NB Effective July 31, 2027\n (h) In this section, the term "insurance upon any property or risk\nlocated in this state" includes insurance against legal liability\narising out of the ownership, operation or maintenance of any vehicle\nwhich is principally garaged or principally used in this state, or\narising out of the ownership, operation, use or maintenance of any\nproperty which is principally kept or principally used in this state, or\narising out of any other activity which is principally carried on in\nthis state.\n (i) Except as provided in subsection (j) of this section, the\nprovisions of this section shall not apply to any policy or contract of\ninsurance in so far as it covers the liability of an employer for\nworkers' compensation, if such contract is governed by the provisions of\nsection fifty-four of the workers' compensation law, or by any similar\nlaw of another state, province or country, nor to the kinds of\ninsurances set forth in paragraph three of subsection (b) of section two\nthousand one hundred seventeen of this chapter.\n (j) (1) Notwithstanding any other provision of this chapter or any\nother law to the contrary, every policy providing comprehensive personal\nliability insurance on a one, two, three or four family owner-occupied\ndwelling, issued or delivered in this state on and after the first of\nMarch, nineteen eighty-four, shall provide for coverage against\nliability for the payment of any obligation, which the policyholder may\nincur pursuant to the provisions of the workers' compensation law, to an\nemployee arising out of and in the course of employment of less than\nforty hours per week, in and about such residences of the policyholder\nin this state. Such coverage shall provide for the benefits in the\nstandard workers' compensation policy issued in this state. No one who\npurchases a policy providing comprehensive personal liability insurance\nshall be deemed to have elected to cover under the workers' compensation\nlaw any employee who is not required, under the provisions of such law,\nto be covered.\n (2) The term "policyholder" as used in this subsection shall be\nlimited to an individual or individuals as defined by the terms of the\npolicy, but shall not include corporate or other business entities or an\nindividual who has or individuals who have in effect a workers'\ncompensation policy which covers employees working in and about his or\ntheir residence.\n (3) Every insurer who is licensed by the superintendent to issue\nhomeowners or other policies providing comprehensive personal liability\ninsurance in this state shall also be deemed to be licensed to transact\nworkers' compensation insurance for the purpose of covering those\npersons specified in this subsection.\n