Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Nov 21, 2014 |
signed chap.451 |
Nov 10, 2014 |
delivered to governor |
Jun 17, 2014 |
returned to assembly passed senate 3rd reading cal.1465 substituted for s4756a |
Jun 17, 2014 |
substituted by a9346a ordered to third reading cal.1465 committee discharged and committed to rules |
Jun 12, 2014 |
print number 4756a |
Jun 12, 2014 |
amend and recommit to insurance |
Jan 08, 2014 |
referred to insurance |
Apr 22, 2013 |
referred to insurance |
Senate Bill S4756A
Signed By Governor2013-2014 Legislative Session
Sponsored By
(R, C, IP) Senate District
Archive: Last Bill Status Via A9346 - Signed by Governor
- 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
Votes
Bill Amendments
co-Sponsors
(D) Senate District
(R) Senate District
(R, C, IP) Senate District
2013-S4756 - Details
2013-S4756 - Sponsor Memo
BILL NUMBER:S4756 TITLE OF BILL: An act to amend the insurance law, in relation to court ordered appraisals under fire insurance policies PURPOSE: This bill relates to court ordered appraisals under fire insurance policies SUMMARY OF PROVISIONS: Section I - Amends subsection (c) of Section 3408 of the insurance law, as added by Chapter 25 of the Laws of 2010. Section 2 - Effective Date JUSTIFICATION: One manner of resolving disputes under certain insurance policies is the appraisal process, which is similar to arbitration. When an insured requests an appraisal, and the insurer refuses, the insured can seek a Court Order requiring the insured to participate in the appraisal process. Unfortunately, the Courts have taken a limited view as to what issues are subject to appraisal. This bill would clarify that the amount of the loss is a proper subject of arbitration. This
2013-S4756 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 4756 2013-2014 Regular Sessions I N S E N A T E April 22, 2013 ___________ Introduced by Sen. DeFRANCISCO -- 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 court ordered appraisals under fire insurance policies THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subsection (c) of section 3408 of the insurance law, as added by chapter 25 of the laws of 2010, is amended to read as follows: (c) In the event of a covered loss, whenever an insured or insurer fails to proceed with an appraisal upon demand of the other, either party may apply to the court in the manner provided in subsection (a) of this section for an order directing the other to comply with such demand. [If an] AN appraisal [is so ordered, it] shall [be limited to a determination of] DETERMINE THE actual cash value [and/or], THE replace- ment cost, [or] the EXTENT OF THE LOSS OR DAMAGE AND THE amount of THE loss OR DAMAGE which shall be determined as specified in the policy and shall proceed pursuant to the terms of the applicable appraisal clause of the insurance policy and not as an arbitration. S 2. This act shall take effect immediately. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10442-01-3
co-Sponsors
(D) Senate District
(R) Senate District
(R, C, IP) Senate District
2013-S4756A (ACTIVE) - Details
2013-S4756A (ACTIVE) - Sponsor Memo
BILL NUMBER:S4756A TITLE OF BILL: An act to amend the insurance law, in relation to court ordered appraisals under fire insurance policies PURPOSE: This bill relates to court ordered appraisals under fire insurance policies SUMMARY OF PROVISIONS: Section 1 - Amends subsection (c) of Section 3408 of the insurance law, as added by Chapter 25 of the Laws of 2010. Section 2 - Effective Date JUSTIFICATION: One manner of resolving disputes under certain insurance policies is the appraisal process, which is similar to arbitration. When an insured requests an appraisal, and the insurer refuses, the insured can seek a Court Order requiring the insured to participate in the appraisal process. Unfortunately, the Courts have taken a limited view as to what issues are subject to appraisal. This bill would clarify that the amount of the loss is a proper subject of arbitration. This change will result in substantial savings in litigation costs to both sides of a dispute. LEGISLATIVE HISTORY: New bill
2013-S4756A (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 4756--A 2013-2014 Regular Sessions I N S E N A T E April 22, 2013 ___________ Introduced by Sens. DeFRANCISCO, AVELLA, LAVALLE, RANZENHOFER -- read twice and ordered printed, and when printed to be committed to the Committee on Insurance -- recommitted to the Committee on Insurance in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said commit- tee AN ACT to amend the insurance law, in relation to court ordered appraisals under fire insurance policies THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subsection (c) of section 3408 of the insurance law, as added by chapter 25 of the laws of 2010, is amended to read as follows: (c) In the event of a covered loss, whenever an insured or insurer fails to proceed with an appraisal upon demand of the other, either party may apply to the court in the manner provided in subsection (a) of this section for an order directing the other to comply with such demand. [If an] AN appraisal [is so ordered, it] shall [be limited to a determination of] DETERMINE THE actual cash value [and/or], THE replace- ment cost, [or] the EXTENT OF THE LOSS OR DAMAGE AND THE amount of THE loss OR DAMAGE which shall be determined as specified in the policy and shall proceed pursuant to the terms of the applicable appraisal clause of the insurance policy and not as an arbitration. NOTWITHSTANDING THE PROVISIONS OF THIS SUBSECTION, AN APPRAISAL SHALL NOT DETERMINE WHETHER THE POLICY ACTUALLY PROVIDES COVERAGE FOR ANY PORTION OF THE CLAIMED LOSS OR DAMAGE. S 2. This act shall take effect immediately. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10442-02-4
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