senate Bill S5798

Amended

Relates to directing an examination concerning homeowners insurance coverage for sewer backup

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Sponsor

Co-Sponsors

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 14 / Jun / 2013
    • REFERRED TO INSURANCE
  • 17 / Jun / 2013
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 17 / Jun / 2013
    • ORDERED TO THIRD READING CAL.1413
  • 17 / Jun / 2013
    • PASSED SENATE
  • 17 / Jun / 2013
    • DELIVERED TO ASSEMBLY
  • 17 / Jun / 2013
    • REFERRED TO INSURANCE
  • 08 / Jan / 2014
    • DIED IN ASSEMBLY
  • 08 / Jan / 2014
    • RETURNED TO SENATE
  • 08 / Jan / 2014
    • REFERRED TO INSURANCE
  • 09 / Jan / 2014
    • AMEND AND RECOMMIT TO INSURANCE
  • 09 / Jan / 2014
    • PRINT NUMBER 5798A

Summary

Relates to directing an examination by the superintendent of financial services concerning the treatment of concurrent causation provisions in homeowners insurance contracts for coverage of sewer backup.

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Bill Details

Versions:
S5798
S5798A
Legislative Cycle:
2013-2014
Current Committee:
Senate Insurance
Law Section:
Financial Services

Sponsor Memo

BILL NUMBER:S5798

TITLE OF BILL:
An act
directing the superintendent of financial services to examine and make
recommendations regarding concurrent causation in relation to sewer
backup insurance coverage

PURPOSE:

To give the Legislature information on the potential effects of
prohibiting anti-concurrent causation clauses in sewer backup
insurance coverage policies.

SUMMARY OF PROVISIONS:

Section 1 directs the Superintendent of Financial Services to submit a
report to the Legislature providing recommendations concerning the
treatment of concurrent causation in relation to homeowners insurance
coverage for sewer backup.

Section 2 provides that this act shall take effect immediately.

JUSTIFICATION:

Anti-concurrent causation clauses in insurance policies operate to
exclude coverage for loss caused by two or more concurrent factors,
such as wind and flood damage, where at least one factor is covered
in the policy. Many people affected by Superstorm Sandy found that
anti-concurrent causation causes in their policies prevented them
from receiving coverage for property damage, especially damage to
sewer lines. This bill will allow the Legislature to make an informed
decision regarding the appropriate future treatment of these
anti-concurrent causation clauses in policies for sewer backup
insurance coverage.

LEGISLATIVE HISTORY:

New bill

FISCAL IMPLICATIONS:

None

EFFECTIVE DATE:

This act shall take effect immediately.

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

                                  5798

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              June 14, 2013
                               ___________

Introduced  by  Sens.  GOLDEN,  ZELDIN,  LANZA, SAVINO -- read twice and
  ordered printed, and when printed to be committed to the Committee  on
  Insurance

AN ACT directing the superintendent of financial services to examine and
  make  recommendations  regarding  concurrent  causation in relation to
  sewer backup insurance coverage

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The superintendent of financial services is hereby directed
to  examine and make recommendations concerning the treatment of concur-
rent causation in relation to homeowners insurance  coverage  for  sewer
backup.  Such  study  shall specifically include, among other issues, an
analysis of the potential premium impact and  potential  impact  on  the
availability of sewer backup insurance coverage of prohibiting anti-con-
current  causation  clauses from applying relative to such coverage. The
superintendent of financial services shall submit a report to the gover-
nor and the legislature, on or before January 1, 2014, of  findings  and
recommendations.
  S 2. This act shall take effect immediately.





 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11522-01-3

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