DWIs and NEW DECISIONS

Roy Mura over at CoverageCounsel already posted on the DWI stuff, so I'm just going to quote his blog because I'm lazy.

Senate Bill # S8294-A passed the Senate on June 17 by a 61-0 vote, and passed the Assembly on June 19. It awaits the Governor's signature or veto, and if signed, will become law 180 days afterwards and will apply to all policies issued, renewed, modified or altered on or after the effective date.

The bill amends Insurance Law § 5103(b)(2) to read as follows:

§ 5103. Entitlement to first party benefits; additional financial security required.

(b) An insurer may exclude from coverage required by subsection (a) hereof a person who:

(2) Is injured as a result of operating a motor vehicle while in an intoxicated condition or while his ability to operate such vehicle is impaired by the use of a drug within the meaning of section eleven hundred ninety-two of the vehicle and traffic law, provided, however that an insurer may not exclude from the coverage required by subsection (a) of this section basic economic loss as defined in paragraph one of subsection (a) of section five thousand one hundred two of this article. Notwithstanding any other law, where the covered person is found to have violated section eleven hundred ninety-two of the vehicle and traffic law, the insurer has a cause of action for the amount of first party benefits paid or payable on behalf of such covered person against such covered person. (Added language underlined.)

If this bill is signed by the Governor, the intoxication exclusion will no longer apply to these kind of professional health care expenses. Ambulance and hospital bills will be payable even if the eligible injured person is legally intoxicated. Follow-up medical care will also be payable. Lost earnings (5102[a][2]) and other reasonable and necessary expenses (5102[a][3]), however, may still be excluded under the intoxication exclusion.

What does this mean? If a driver is drunk and gets into an accident a provider can be reimbursed for treating an eligible injured person, including the boozer. But, the insurance company can sue that drunkard to get its money back.

I did not quote the entirety of the post, but I encourage everyone to read it as well as the comments.

First Help Acupuncture, P.C. v State Farm Mut. Auto. Ins. Co., 2008 NY Slip Op 51266(U) (App. Term, 2d)

New York Hospital Medical Center of Queens v Countrywide Insurance Company, 2008 NY Slip Op 31736(U) (Sup Ct, Nassau County)