Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 06, 2016 |
referred to insurance |
Jan 22, 2015 |
referred to insurance |
Senate Bill S2351
2015-2016 Legislative Session
Sponsored By
(R, C, IP, RFM) 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
2015-S2351 (ACTIVE) - Details
- Current Committee:
- Senate Insurance
- Law Section:
- Insurance Law
- Laws Affected:
- Add ยง3455, Ins L
- Versions Introduced in Other Legislative Sessions:
-
2013-2014:
S5581
2017-2018: S2810
2019-2020: S3500
2015-S2351 (ACTIVE) - Summary
Relates to anti-concurrent causation clauses; prohibits an insurer from denying or excluding coverage for any claim for loss or damage that would otherwise be covered by a policy solely because an event or peril not covered under the policy or specifically excluded under the policy was a contributing factor in such loss or damage or occurred simultaneously with the event or peril that was covered.
2015-S2351 (ACTIVE) - Sponsor Memo
BILL NUMBER:S2351 TITLE OF BILL: An act to amend the insurance law, in relation to anti-concurrent causation clauses SUMMARY OF PROVISIONS: This bill would prohibit an insurance company from denying a claim that would normally be covered under the policy solely because a separate risk occurred at the same time or contributed to the loss but was not covered under the policy or was specifically excluded. JUSTIFICATION: An anti-concurrent causation clause is a provision contained in many homeowners policies that states that if a loss is caused by two or more perils, one that is covered by the policy and one that is excluded, then the loss is excluded, regardless of which peril is the primary cause or whether the perils occurred concurrently or in a sequence. For example, if a policy covers wind damage but not flood damage, and both events happen at about the same time, then the damage to the property will not be covered. When insurers that use anti-concurrent causation clauses treat property damage as a single loss triggered by multiple perils the result is a complete denial of the claim. In the aftermath of Superstorm Sandy, many homeowners were surprised when insurance companies denied their claims for perils that
2015-S2351 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 2351 2015-2016 Regular Sessions I N S E N A T E January 22, 2015 ___________ Introduced by Sen. SEWARD -- 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 anti-concurrent causa- tion clauses 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 3455 to read as follows: S 3455. ANTI-CONCURRENT CAUSATION CLAUSES. AN INSURER SHALL NOT DENY OR EXCLUDE COVERAGE FOR ANY CLAIM FOR LOSS OR DAMAGE THAT WOULD OTHER- WISE BE COVERED BY A POLICY SOLELY BECAUSE AN EVENT OR PERIL NOT COVERED UNDER THE POLICY OR SPECIFICALLY EXCLUDED UNDER THE POLICY WAS A CONTRIBUTING FACTOR IN SUCH LOSS OR DAMAGE OR OCCURRED SIMULTANEOUSLY WITH THE EVENT OR PERIL THAT WAS COVERED. S 2. This act shall take effect immediately and shall apply to claims made on or after such effective date. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD06383-02-5
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