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Assembly Bill A7455A

2013-2014 Legislative Session

Relates to anti-concurrent causation clauses

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Archive: Last Bill Status - On Floor Calendar

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Bill Amendments

co-Sponsors

2013-A7455 - Details

Law Section:
Insurance Law
Laws Affected:
Add §3455, Ins L
Versions Introduced in Other Legislative Sessions:
2015-2016: A3802
2017-2018: A3783
2019-2020: A2312
2021-2022: A3543

2013-A7455 - Summary

Provides that when a flood event not covered under a policy or specifically excluded is a contributing factor in or occurs simultaneously as a covered event or peril, the insurer shall not deny or exclude coverage for the loss or damage caused by the covered event or peril.

2013-A7455 - Bill Text download pdf 

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

                                  7455

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                              May 17, 2013
                               ___________

Introduced  by  M.  of  A.  GOLDFEDER  --  read once and referred to the
  Committee on Insurance

AN ACT to amend the insurance law, in relation to anti-concurrent causa-
  tion clauses

  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 3455
to read as follows:
  S 3455. ANTI-CONCURRENT CAUSATION CLAUSES. AN INSURER SHALL  NOT  DENY
OR  EXCLUDE  COVERAGE FOR ANY CLAIM FOR LOSS OR DAMAGE THAT WOULD OTHER-
WISE BE COVERED BY A POLICY SOLELY BECAUSE AN EVENT OR PERIL NOT COVERED
UNDER THE POLICY  OR  SPECIFICALLY  EXCLUDED  UNDER  THE  POLICY  WAS  A
CONTRIBUTING  FACTOR  IN  SUCH LOSS OR DAMAGE OR OCCURRED SIMULTANEOUSLY
WITH THE EVENT OR PERIL THAT WAS COVERED.
  S 2. This act shall take effect immediately and shall apply to  claims
made on or after such effective date.






 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11120-01-3

co-Sponsors

multi-Sponsors

2013-A7455A (ACTIVE) - Details

Law Section:
Insurance Law
Laws Affected:
Add §3455, Ins L
Versions Introduced in Other Legislative Sessions:
2015-2016: A3802
2017-2018: A3783
2019-2020: A2312
2021-2022: A3543

2013-A7455A (ACTIVE) - Summary

Provides that when a flood event not covered under a policy or specifically excluded is a contributing factor in or occurs simultaneously as a covered event or peril, the insurer shall not deny or exclude coverage for the loss or damage caused by the covered event or peril.

2013-A7455A (ACTIVE) - Bill Text download pdf 

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

                                 7455--A
                                                        Cal. No. 442

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                              May 17, 2013
                               ___________

Introduced by M. of A. GOLDFEDER, ABINANTI, TITONE, SKOUFIS, MALLIOTAKIS
  --  read  once  and referred to the Committee on Insurance -- reported
  from committee, advanced to  a  third  reading,  amended  and  ordered
  reprinted, retaining its place on the order of third reading

AN ACT to amend the insurance law, in relation to anti-concurrent causa-
  tion clauses

  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  3455
to read as follows:
  S  3455. ANTI-CONCURRENT CAUSATION CLAUSES. (A) WHEN A FLOOD EVENT NOT
COVERED UNDER A POLICY OR SPECIFICALLY EXCLUDED  UNDER  A  POLICY  IS  A
CONTRIBUTING  FACTOR  IN  OR OCCURS SIMULTANEOUSLY AS A COVERED EVENT OR
PERIL, THE INSURER SHALL NOT DENY OR EXCLUDE COVERAGE FOR  THE  LOSS  OR
DAMAGE  CAUSED  BY  THE  COVERED  EVENT OR PERIL. HOWEVER, NOTHING SHALL
OBLIGATE THE INSURER TO PAY FOR ANY LOSS OR DAMAGE CAUSED BY  THE  FLOOD
EVENT THAT IS NOT COVERED OR IS EXCLUDED.
  (B)  IF  AN  INSURER  ISSUES  A  POLICY THAT INCLUDES A PROVISION THAT
ALLOWS THE INSURER TO DETERMINE WHETHER  LOSS  OR  DAMAGE  CAUSED  BY  A
COVERED  PERIL  MAY OR MAY NOT BE COVERED PARTIALLY OR WHOLLY BASED UPON
WHETHER A PERIL THAT IS EXCLUDED OR NOT COVERED UNDER THE POLICY WAS THE
PROXIMATE OR REMOTE CAUSE OF THE COVERED LOSS  OR  DAMAGE,  THE  INSURER
MUST  CLEARLY  STATE  IN  THE  POLICY:  (1)  WHICH PERIL EXCLUDED OR NOT
COVERED UNDER THE  POLICY  MUST  CAUSE,  PROXIMATELY  OR  REMOTELY,  THE
COVERED  PERIL OR PERILS; AND (2) IN EACH SPECIFIC INSTANCE, WHETHER THE
CAUSATION MUST BE PROXIMATE OR REMOTE  TO  RESULT  IN  A  LIMITATION  IN
COVERAGE.   THE INSURER MUST DISCLOSE THIS PROVISION TO THE POLICYHOLDER
PRIOR TO THE SALE OR PURCHASE OF THE POLICY.
  S 2. This act shall take effect immediately and  shall  apply  to  all
policies issued or renewed after such effective date.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11120-02-3

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