|
Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
|---|---|
| Jan 08, 2020 |
referred to insurance |
| Jul 08, 2019 |
print number 8298a |
| Jul 08, 2019 |
amend and recommit to insurance |
| Jun 13, 2019 |
referred to insurance |
Assembly Bill A8298A
2019-2020 Legislative Session
Sponsored By
PRETLOW
Archive: Last Bill Status - In Assembly 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
Bill Amendments
2019-A8298 - Details
2019-A8298 - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
8298
2019-2020 Regular Sessions
I N A S S E M B L Y
June 13, 2019
___________
Introduced by M. of A. PRETLOW -- read once and referred to the Commit-
tee on Insurance
AN ACT to amend the insurance law, in relation to notice of disclaimer
of liability for certain revived causes of action
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph 2 of subsection (d) of section 3420 of the insur-
ance law, as amended by chapter 388 of the laws of 2008, is amended to
read as follows:
(2) If under a liability policy issued or delivered in this state, an
insurer shall disclaim liability or deny coverage for death or bodily
injury arising out of a motor vehicle accident or any other type of
accident occurring within this state, it shall give written notice as
soon as is reasonably possible of such disclaimer of liability or denial
of coverage to the insured and the injured person or any other claimant.
PROVIDED, HOWEVER, THAT WITH REGARD TO ANY CIVIL CLAIM OR CAUSE OF
ACTION REVIVED PURSUANT TO SECTION TWO HUNDRED FOURTEEN-G OF THE CIVIL
PRACTICE LAW AND RULES, THE TIME WITHIN WHICH AN INSURER SHALL GIVE
WRITTEN NOTICE OF A DISCLAIMER OF LIABILITY OR DENIAL OF INSURANCE
COVERAGE FOR SUCH REVIVED CLAIM, OR CAUSE OF ACTION TO THE INSURED,
SHALL NOT BEGIN UNTIL ONE HUNDRED TWENTY DAYS AFTER THE INSURER HAS
LOCATED OR BEEN PROVIDED WITH A COPY OR COPIES OF THE INSURANCE POLICY
OR POLICIES WHICH THE INSURED, INJURED PERSON, OR OTHER CLAIMANT,
CONTENDS PROVIDES INSURANCE COVERAGE, BENEFITS, OR PROCEEDS FOR SUCH
REVIVED CIVIL CLAIM OR CAUSE OF ACTION, PROVIDED THAT THE INSURER HAS
MADE A REASONABLY DILIGENT SEARCH FOR SUCH POLICY OR POLICIES.
§ 2. This act shall take effect immediately and be deemed to be in
full force and effect on the same date and in the same manner as section
3 of chapter 11 of the laws of 2019, and shall apply to all policies
entered into on or before such date.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13332-01-9
2019-A8298A (ACTIVE) - Details
2019-A8298A (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
8298--A
2019-2020 Regular Sessions
I N A S S E M B L Y
June 13, 2019
___________
Introduced by M. of A. PRETLOW -- read once and referred to the Commit-
tee on Insurance -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee
AN ACT to amend the insurance law, in relation to notice of disclaimer
of liability for certain revived causes of action
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph 2 of subsection (d) of section 3420 of the insur-
ance law, as amended by chapter 388 of the laws of 2008, is amended to
read as follows:
(2) If under a liability policy issued or delivered in this state, an
insurer shall disclaim liability or deny coverage for death or bodily
injury arising out of a motor vehicle accident or any other type of
accident occurring within this state, it shall give written notice as
soon as is reasonably possible of such disclaimer of liability or denial
of coverage to the insured and the injured person or any other claimant.
PROVIDED, HOWEVER, THAT WITH REGARD TO ANY CIVIL CLAIM OR CAUSE OF
ACTION REVIVED PURSUANT TO SECTION TWO HUNDRED FOURTEEN-G OF THE CIVIL
PRACTICE LAW AND RULES, AN INSURER SHALL GIVE WRITTEN NOTICE OF A
DISCLAIMER OF LIABILITY OR DENIAL OF INSURANCE COVERAGE FOR SUCH REVIVED
CLAIM OR CAUSE OF ACTION TO THE INSURED WITHIN ONE HUNDRED TWENTY DAYS
AFTER THE INSURER HAS RECEIVED ACTUAL NOTICE OF SUCH REVIVED CIVIL CLAIM
OR CAUSE OF ACTION.
§ 2. This act shall take effect immediately and be deemed to be in
full force and effect on the same date and in the same manner as section
3 of chapter 11 of the laws of 2019, and shall apply to all policies
entered into on or before such date.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13332-02-9
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