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

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Actions

Bill Amendments

co-Sponsors

multi-Sponsors

2013-A9346 - Details

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

2013-A9346 - Summary

Relates to court ordered appraisals under fire insurance policies.

2013-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

multi-Sponsors

2013-A9346A (ACTIVE) - Details

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

2013-A9346A (ACTIVE) - Summary

Relates to court ordered appraisals under fire insurance policies.

2013-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


              

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