Senate Bill S8151

2017-2018 Legislative Session

Relates to representations by insureds having claims under a life insurance policy

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee


  • 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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2017-S8151 (ACTIVE) - Details

Current Committee:
Senate Rules
Law Section:
Insurance Law
Laws Affected:
Amd §3105, Ins L
Versions Introduced in 2019-2020 Legislative Session:
S3639

2017-S8151 (ACTIVE) - Summary

Requires persons having claims under a life insurance policy to provide reasonable assistance to the insurer in obtaining information relating to misrepresentations made by the insured.

2017-S8151 (ACTIVE) - Sponsor Memo

2017-S8151 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8151
 
                             I N  S E N A T E
 
                               April 9, 2018
                                ___________
 
 Introduced  by  Sen.  SEWARD -- read twice and ordered printed, and when
   printed to be committed to the Committee on Insurance
 
 AN ACT to amend the insurance law, in relation to representations by  an
   insured
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Subsection (a) of section 3105  of  the  insurance  law  is
 amended to read as follows:
   (a)  (1)  A  representation is a statement as to past or present fact,
 made to the insurer by, or by the authority of, the applicant for insur-
 ance or the prospective insured, at or before the making of  the  insur-
 ance  contract  as  an  inducement to the making thereof. A misrepresen-
 tation is a false representation, and the facts misrepresented are those
 facts which make the representation false.
   (2) ANY PERSON HAVING OR CLAIMING A RIGHT UNDER A LIFE INSURANCE POLI-
 CY THAT (A) PROVIDES A DEATH BENEFIT AND (B) HAS  BEEN  IN  FORCE  FEWER
 THAN  TWO YEARS FOLLOWING THE DATE OF ISSUE OR THE DATE OF REINSTATEMENT
 IF EVIDENCE OF  INSURABILITY  IS  REQUESTED,  SHALL  PROVIDE  REASONABLE
 ASSISTANCE  TO  THE  INSURER  IN  OBTAINING THE NECESSARY INFORMATION TO
 DETERMINE WHETHER A MISREPRESENTATION WAS  MADE  BY  THE  APPLICANT  FOR
 INSURANCE OR THE PROSPECTIVE INSURED.
   § 2. This act shall take effect immediately.
 
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD15085-01-8



              

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