Supplemental Spousal Liability Insurance

Previously, Insurance Law § 3420(g) required an insurer issuing or delivering a policy that satisfies Vehicle and Traffic Law (“VTL”) Article 6 to provide supplemental spousal liability (“SSL”) insurance, unless the named insured declines SSL insurance in writing in such form as the Superintendent of Financial Services (“Superintendent”) determines.

Effective March 26, 2025, Insurance Law § 3420(g) requires an insurer to provide SSL insurance:

1. in a non-commercial policy that satisfies the requirements of VTL Article 6, where the first named insured has indicated a spouse on the insured’s insurance application unless the first named insured declines SSL insurance in writing in such form as the Superintendent determines; and
2. upon written request of the named insured for all other policies subject to VTL Article 6. 

An insurer also must provide certain notifications, including a concise statement that SSL insurance is provided or available, as relevant, an explanation of the coverage, and the insurer’s premium for the coverage. 

The Department has created the below declination form to be used in all situations where the policyholder wishes to decline SSL insurance. An insurer may put this form on its letterhead or otherwise upload it to its system.

Declination Form (PDF)

Please see Circular Letter No. 2 (2025) for further guidance.