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  • Writer's pictureScott Brekne

New NYS Law: Supplemental Spousal Liability Auto Insurance

Updated: May 8

A recent New York State law signed by Gov. Hochul requires insurance companies provide supplemental spousal liability insurance to all auto insurance policyholders, regardless of their marital status. This means that the coverage is being added to all auto insurance policies, even if the driver(s) is single and therefore would not benefit from the coverage. Previously, insurers would only provide this coverage if requested by the insured.

Supplemental spousal liability insurance provides bodily injury liability coverage in the event one’s spouse is responsible for an accident resulting in injuries to their spouse as a passenger. The injured spouse is able to collect compensation from their own insurance company for the actions of their spouse.

All drivers are given the option to opt-out of this coverage by providing their request in writing on the specific New York State declination form, which can be accessed by clicking here.

Each carrier is handling this new law differently. If you are unsure of this new law’s impact on your auto insurance policy, please reply to this email requesting a coverage review.

From New York State:


New York State law requires an insurer issuing or delivering a policy that satisfies the requirements of New York Vehicle and Traffic Law Article 6 provide supplemental spousal liability insurance in such policy unless the named insured elects, in writing, to decline and refuse such insurance in the insured’s policy.

Supplemental spousal liability insurance provides bodily injury liability coverage under a motor vehicle insurance policy when a person is injured or killed in a motor vehicle accident caused by the negligence of the person’s spouse. If you decline this coverage, then the injured or deceased spouse would not be covered under the bodily injury liability coverage in the policy.

Supplemental spousal liability insurance is included within the policy’s bodily injury liability limits and does not increase the amount of those limits. The additional premium for supplemental spousal liability insurance is $XX.XX. If you do not decline this insurance in writing, supplemental spousal liability insurance is automatically included in your motor vehicle insurance policy.

If you are unsure whether this coverage is appropriate for you, you should speak with your insurance company representative or a licensed insurance producer.

About Brooks Robb & Callahan

Brooks Robb & Callahan is a family owned and operated independent insurance agency protecting personal and commercial clients from property and casualty risks since 1871. Sisters Kristen Ducharme and Lindsey Stortz acquired the business from their long time family friends in July 2013. Their brother, Scott Brekne, joined the business in 2021. Together they continue to run the business the way it always has been – by family with honesty and integrity. They feel incredibly blessed to have the opportunity to work together every day.

The information provided in this blog is for educational purposes only and is not a substitute for professional advice. Insurance coverages and policies can vary significantly based on individual circumstances and the terms of the policy. Brooks Robb & Callahan recommends consulting a licensed insurance professional or your insurance carrier to determine the appropriate coverage for your specific personal needs.

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