Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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Jan 06, 2010 |
referred to insurance |
Mar 06, 2009 |
referred to insurance |
Senate Bill S2935
2009-2010 Legislative Session
Sponsored By
(R, C, IP) Senate District
Archive: Last Bill Status - In Senate Committee Insurance Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
2009-S2935 (ACTIVE) - Details
2009-S2935 (ACTIVE) - Sponsor Memo
BILL NUMBER: S2935 TITLE OF BILL : An act to amend the insurance law, in relation to requiring insurers of property to eliminate from the claims record of an insured, any claim of loss made and paid in good faith, which is discovered to be false and the proceeds of such claim are repaid to the insurer PURPOSE : To require the removal from an insurer's record of claims any claim paid for lost property which was subsequently found to be not lost and the insured reimbursed the insurer for the claim. SUMMARY OF PROVISIONS : This bill amends insurance law by adding a new section 3407-b. JUSTIFICATION : There is no requirement in law that a claim be removed from an insured's record of claims should lost property be found and said claim be reimbursed by insured. Additionally, there have been instances in which an insured's reimbursement of a claim is missing from the record of claims. This creates an incomplete picture of an insured's claim history and disadvantages future ability to get insurance and/or distorts an insured's risk profile.
2009-S2935 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 2935 2009-2010 Regular Sessions I N S E N A T E March 6, 2009 ___________ Introduced by Sen. FLANAGAN -- read twice and ordered printed, and when printed to be committed to the Committee on Insurance AN ACT to amend the insurance law, in relation to requiring insurers of property to eliminate from the claims record of an insured, any claim of loss made and paid in good faith, which is discovered to be false and the proceeds of such claim are repaid to the insurer THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The insurance law is amended by adding a new section 3407-b to read as follows: S 3407-B. PROPERTY INSURANCE; CLAIM OF LOSS. THE GOOD FAITH CLAIM OF THE LOSS OF ANY PROPERTY WHICH A PERSON HAS INSURED AGAINST LOSS OR DAMAGE UNDER ANY CONTRACT OF INSURANCE, ISSUED OR DELIVERED IN THIS STATE OR COVERING PROPERTY LOCATED IN THIS STATE, SHALL BE REMOVED FROM THE RECORD OF CLAIMS MADE BY THE INSURED, FOR ALL PURPOSES, WHEN THE INSURED SUBSEQUENTLY FINDS THAT SUCH PROPERTY WAS NOT LOST AND REPAYS TO THE INSURER ALL MONEY, IF ANY, PAID PURSUANT TO SUCH CLAIM. S 2. This act shall take effect immediately and shall apply to claims made on, before or after such effective date. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09125-01-9
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