Assembly Bill A3615

2023-2024 Legislative Session

Relates to notice of disclaimer of liability for certain revived claims or causes of action

download bill text pdf

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Current 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

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2023-A3615 (ACTIVE) - Details

See Senate Version of this Bill:
S2816
Current Committee:
Assembly Insurance
Law Section:
Insurance Law
Laws Affected:
Amd §3420, Ins L
Versions Introduced in Other Legislative Sessions:
2019-2020: A8298, S6482
2021-2022: A2286, S3574

2023-A3615 (ACTIVE) - Summary

Relates to notice of disclaimer of liability for certain revived causes of action; such notice shall occur within 120 days after the insurer has received actual notice of such revived claim or cause of action.

2023-A3615 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3615
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 3, 2023
                                ___________
 
 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,  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, as amended, 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.
                                                            LBD05878-01-3

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