Section 3450. Insurance for expenses incurred as a result of an act or threatened act of violence  


Latest version.
  • (a) Insurance authorized by subparagraph (D)  of paragraph seven of subsection (a) of section one thousand one hundred
      thirteen of this chapter  may  be  written  only  as  provided  in  this
      section,  except  for  ransom or reward payment coverage incurred as the
      result of the theft of property.
        (b) As part of a homeowners' insurance policy, as such term is defined
      in section two thousand three hundred  fifty-one  of  this  chapter,  or
      motor  vehicle  physical damage insurance policy, an insurer may provide
      insurance for loss to any person as the result of an act  or  threatened
      act of violence against an insured person.
        (c) For purposes of this section, an "insured person" may include:
        (1) with respect to a homeowners' policy, a member of the household, a
      minor  under  the custody or care of the named insured, or a minor child
      of the named insured, regardless of where  the  act  or  threatened  act
      occurs;  or  a  person  on  the  insured premises, or any other premises
      within the temporary control of the  named  insured,  or  in  a  vehicle
      owned, operated, leased or rented by the named insured.
        (2)  with  respect  to a motor vehicle policy, a person engaged in the
      lawful use or operation of the vehicle.
        (d) "Loss" for purposes of this section shall include loss  or  damage
      to  property;  reimbursement  of  a  deductible  under another policy of
      property/casualty  insurance;  ransom  or  reward  payment;  travel  and
      lodging  expense;  lost  wages; expense incurred to locate or identify a
      missing or abducted insured person; or other expenses to  respond  to  a
      violent act or threatened act or to prevent a reoccurrence thereof.
        (e)  A  policy written pursuant to this section providing coverage for
      loss to any person as the result of an act or threatened act of violence
      against an insured person may also provide coverage for medical expenses
      to any such person incurred as a result of the act or threatened act  of
      violence.  For  purposes  of  this subsection, coverage for such medical
      expenses shall be deemed included in  medical,  hospital,  surgical  and
      disability  benefits  to injured persons, and funeral and death benefits
      to dependents, beneficiaries or personal representatives of persons  who
      are killed, irrespective of legal liability of the insured as authorized
      by  paragraph  thirteen  of  subsection  (a) of section one thousand one
      hundred thirteen of this chapter.
        (f)  The  superintendent  may  promulgate  regulations  necessary   to
      effectuate the purposes of this section.