senate Bill S5798A

2013-2014 Legislative Session

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

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Archive: Last Bill Status - In Committee


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

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Actions

view actions (11)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 09, 2014 print number 5798a
amend and recommit to insurance
Jan 08, 2014 referred to insurance
returned to senate
died in assembly
Jun 17, 2013 referred to insurance
delivered to assembly
passed senate
ordered to third reading cal.1413
committee discharged and committed to rules
Jun 14, 2013 referred to insurance

Bill Amendments

Original
A (Active)
Original
A (Active)

Co-Sponsors

S5798 - Bill Details

See Assembly Version of this Bill:
A8580
Current Committee:
Law Section:
Financial Services

S5798 - Bill Texts

view 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.

view 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.

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                    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

Co-Sponsors

S5798A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A8580
Current Committee:
Law Section:
Financial Services

S5798A (ACTIVE) - Bill Texts

view 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.

view sponsor memo
BILL NUMBER:S5798A

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. any 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: S5798 of 2013 - Referred to Insurance

FISCAL IMPLICATIONS: None

EFFECTIVE DATE: This act shall take effect immediately.

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

                                 5798--A

                       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  --  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 committee

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, 2015, 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.
                                                           LBD11522-02-3

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