assembly Bill A9346A

Signed By Governor
2013-2014 Legislative Session

Relates to court ordered appraisals under fire insurance policies

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Sponsored By

Archive: Last Bill Status - Signed by Governor


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

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Actions

view actions (16)
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
referred to rules
delivered to senate
passed assembly
Jun 16, 2014 ordered to third reading rules cal.300
rules report cal.300
reported
Jun 12, 2014 amend and recommit to rules 9346a
Jun 12, 2014 reported referred to rules
Jun 10, 2014 reported referred to codes
Apr 16, 2014 referred to insurance

Co-Sponsors

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Multi-Sponsors

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A9346 - Details

See Senate Version of this Bill:
S4756
Law Section:
Insurance Law
Laws Affected:
Amd §3408, Ins L

A9346 - Summary

Relates to court ordered appraisals under fire insurance policies.

A9346 - Bill Text download pdf

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

                                  9346

                          I N  A S S E M B L Y

                             April 16, 2014
                               ___________

Introduced  by M. of A. MORELLE, COOK, JACOBS, LIFTON, ABINANTI, CRESPO,
  SKARTADOS, STIRPE, OTIS, MOSLEY, SIMOTAS -- Multi-Sponsored by  --  M.
  of  A.  FAHY, HIKIND, MAGEE, MARKEY, ROBINSON, THIELE -- read once and
  referred 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

view additional co-sponsors

Multi-Sponsors

view additional multi-sponsors

A9346A (ACTIVE) - Details

See Senate Version of this Bill:
S4756
Law Section:
Insurance Law
Laws Affected:
Amd §3408, Ins L

A9346A (ACTIVE) - Summary

Relates to court ordered appraisals under fire insurance policies.

A9346A (ACTIVE) - Bill Text download pdf

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

                                 9346--A

                          I N  A S S E M B L Y

                             April 16, 2014
                               ___________

Introduced  by M. of A. MORELLE, COOK, JACOBS, LIFTON, ABINANTI, CRESPO,
  SKARTADOS, STIRPE, OTIS, MOSLEY, SIMOTAS, CUSICK, SKOUFIS,  BENEDETTO,
  BRINDISI,  CLARK, MAGNARELLI, BROOK-KRASNY, McDONALD, WEPRIN -- Multi-
  Sponsored by -- M. of A. FAHY, HIKIND, MAGEE, MARKEY, ROBINSON, THIELE
  -- read once and referred to the Committee on  Insurance  --  reported
  and referred to the Committee on Codes -- reported and referred to the
  Committee  on  Rules  --  Rules  Committee  discharged,  bill amended,
  ordered reprinted as amended and recommitted to the Committee on Rules

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.
                                                           LBD10442-03-4