Senate Bill S1527

2009-2010 Legislative Session

Restricts insurers from demanding intrusive personal, financial and tax information from insureds as a standard practice in ordinary theft claims

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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

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2009-S1527 (ACTIVE) - Details

See Assembly Version of this Bill:
A534
Current Committee:
Senate Insurance
Law Section:
Insurance Law
Laws Affected:
Add §2616, Ins L
Versions Introduced in Other Legislative Sessions:
2011-2012: A714
2013-2014: A302
2015-2016: A1340
2017-2018: A2532
2019-2020: A3718
2021-2022: A2254
2023-2024: A1731

2009-S1527 (ACTIVE) - Summary

Restricts insurers from demanding intrusive personal, financial and tax information from insureds as a standard practice in processing ordinary theft claims where no special circumstances warranting a demand for such information exists.

2009-S1527 (ACTIVE) - Sponsor Memo

2009-S1527 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1527

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 2, 2009
                               ___________

Introduced  by  Sen. MORAHAN -- 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  restricting  insurers
  from  demanding intrusive personal, financial and tax information from
  insureds as a standard practice in processing ordinary theft claims

  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 2616
to read as follows:
  S 2616. INTRUSIVE REQUESTS FOR PERSONAL, FINANCIAL  AND  TAX  INFORMA-
TION;  ORDINARY THEFT CLAIMS. (A) IT SHALL BE AN UNFAIR CLAIM SETTLEMENT
ACT OR PRACTICE UNDER PARAGRAPHS THREE AND FOUR  OF  SUBSECTION  (A)  OF
SECTION  TWO THOUSAND SIX HUNDRED ONE OF THIS ARTICLE FOR AN INSURER, IN
THE COURSE OF INVESTIGATING OR SETTLING A THEFT CLAIM, TO DEMAND OF  ITS
INSURED PERSONAL, FINANCIAL AND TAX INFORMATION UNLESS SPECIAL ARTICULA-
BLE  CIRCUMSTANCES  HAVE  BEEN  DISCOVERED  WHICH DIRECTLY RELATE TO THE
PARTICULAR INDIVIDUAL FACTS OF SUCH THEFT AND WHICH WARRANT  THE  MAKING
OF  SUCH DEMAND FOR THE SPECIFIC PURPOSE OF DETERMINING IF SUCH CLAIM IS
FRAUDULENT.
  (B) AS USED IN THIS SECTION, A DEMAND FOR PERSONAL, FINANCIAL AND  TAX
INFORMATION  IS  A DEMAND THAT ANY OF THE FOLLOWING MATERIAL OR INFORMA-
TION BE PROVIDED:
  (1) COPIES OF THE INSURED'S PERSONAL AND BUSINESS TAX RETURNS;
  (2) PERMITS OR LICENSES WHICH THE INSURED  HOLDS  IN  NEW  YORK  STATE
OTHER THAN THOSE FOR OPERATING A MOTOR VEHICLE;
  (3) LOAN APPLICATIONS WHICH THE INSURED FILED;
  (4)  STATEMENT SETTING FORTH THE COUNTY AND STATE IN WHICH THE INSURED
HAS BEEN REGISTERED TO VOTE OVER A PERIOD OF TIME, OTHER THAN  FROM  HIS
OR HER PRESENT RESIDENCE;
  (5)  COPIES  OF  ANY BANK STATEMENTS OF BANKS IN WHICH THE INSURED HAS
ACCOUNTS;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02585-01-9
              

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