assembly Bill A4734A

2017-2018 Legislative Session

Relates to coverage for punitive damages and civil penalties

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Current Bill Status - In Assembly 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 (4)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Feb 02, 2018 print number 4734a
Feb 02, 2018 amend (t) and recommit to insurance
Jan 03, 2018 referred to insurance
Feb 03, 2017 referred to insurance

Co-Sponsors

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Multi-Sponsors

A4734 - Details

See Senate Version of this Bill:
S423B
Law Section:
Insurance Law
Laws Affected:
Amd §3421, Ins L
Versions Introduced in 2015-2016 Legislative Session:
A10002, S6909

A4734 - Summary

Permits a liability policy to provide coverage for punitive damages, civil penalties and other non-compensatory damages.

A4734 - Bill Text download pdf

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

                                  4734

                       2017-2018 Regular Sessions

                          I N  A S S E M B L Y

                            February 3, 2017
                               ___________

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

AN ACT to amend the insurance law, in relation to permitting a liability
  policy to provide coverage for punitive damages and civil penalties

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Section  3420 of the insurance law is amended by adding a
new subsection (k) to read as follows:
  (K) A LIABILITY POLICY MAY  PROVIDE  COVERAGE  FOR  PUNITIVE  DAMAGES,
CIVIL PENALTIES OR OTHER NON-COMPENSATORY DAMAGES.
  S 2. This act shall take effect immediately.







 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01964-01-7

Co-Sponsors

view additional co-sponsors

Multi-Sponsors

A4734A (ACTIVE) - Details

See Senate Version of this Bill:
S423B
Law Section:
Insurance Law
Laws Affected:
Amd §3421, Ins L
Versions Introduced in 2015-2016 Legislative Session:
A10002, S6909

A4734A (ACTIVE) - Summary

Permits a liability policy to provide coverage for punitive damages, civil penalties and other non-compensatory damages.

A4734A (ACTIVE) - Bill Text download pdf

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

                                 4734--A

                       2017-2018 Regular Sessions

                          I N  A S S E M B L Y

                            February 3, 2017
                               ___________

Introduced  by  M.  of  A.  BRINDISI, SIMOTAS, ZEBROWSKI, D'URSO, BLAKE,
  GARBARINO -- Multi-Sponsored by -- M. of A. HAWLEY, ORTIZ -- read once
  and referred to the Committee  on  Insurance  --  recommitted  to  the
  Committee  on  Insurance in accordance with Assembly Rule 3, sec. 2 --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted to said committee

AN  ACT  to  amend  the insurance law, in relation to permitting certain
  liability policies to provide coverage for punitive damages and  civil
  penalties

  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  3421
to read as follows:
  S  3421.  PUNITIVE DAMAGES AND CIVIL PENALTIES COVERAGE. 1. AN INSURER
MAY PROVIDE AND AN INSURED MAY PURCHASE INSURANCE AGAINST  AN  AWARD  OF
PUNITIVE  DAMAGES, OR CIVIL PENALTIES, OR OTHER NON-COMPENSATORY DAMAGES
IN ANY LIABILITY INSURANCE POLICY EXCEPT IN A POLICY OF  PERSONAL  LINES
INSURANCE  ISSUED  TO  A  NATURAL PERSON FOR NON-BUSINESS PURPOSES, OR A
COMMERCIAL AUTOMOBILE LIABILITY INSURANCE POLICY.
  2. COVERAGE MAY PROVIDE PROTECTION FOR VICARIOUS  LIABILITY  RESULTING
FROM  THE  CONDUCT OF ANOTHER, OR WHEN ASSESSED AGAINST A PARTY DIRECTLY
FOR GROSS NEGLIGENCE OR RECKLESS CONDUCT. COVERAGE SHALL NOT APPLY WHERE
LIABILITY RESULTS FROM ACTION THAT WAS INTENDED TO CAUSE  THE  RESULTING
HARM,  DAMAGE  OR  INJURY.  COVERAGE  SHALL  APPLY  ONLY  WHEN EXPRESSLY
PROVIDED FOR BY THE INSURANCE POLICY.
  3. THIS SECTION SHALL APPLY PROSPECTIVELY TO INSURANCE  POLICIES  WITH
EFFECTIVE DATES ON OR AFTER THE EFFECTIVE DATE OF THIS SECTION.
  S 2. This act shall take effect immediately.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01964-06-8

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