Assembly Actions - Lowercase Senate Actions - UPPERCASE |
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Jul 22, 2020 | ordered to third reading rules cal.301 rules report cal.301 reported |
Jul 17, 2020 | reported referred to rules |
Jul 14, 2020 | reported referred to codes |
Jul 09, 2020 | print number 5623b |
Jul 09, 2020 | amend and recommit to insurance |
Jan 08, 2020 | referred to insurance |
May 17, 2019 | print number 5623a |
May 17, 2019 | amend and recommit to insurance |
Feb 14, 2019 | referred to insurance |
Archive: Last Bill Status - On Floor Calendar
- Introduced
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
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Actions
Bill Amendments
Co-Sponsors
Michael Cusick
Michele Titus
Steven Cymbrowitz
Ellen C. Jaffee
A5623 - Details
A5623 - Summary
Relates to unfair claim settlement practices; provides that plaintiff may recover interest, costs and disbursements; compensatory damages, consequential damages and reasonable attorneys' fees in addition to amounts due under the policy when the insurer refused to pay or unreasonable delay of payment was not reasonably justified.
A5623 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5623 2019-2020 Regular Sessions I N A S S E M B L Y February 14, 2019 ___________ Introduced by M. of A. WEINSTEIN, CUSICK, TITUS, CYMBROWITZ, JAFFEE, HYNDMAN, PAULIN, COLTON, ABINANTI, SEAWRIGHT, SANTABARBARA, ZEBROWSKI, TAYLOR -- read once and referred to the Committee on Insurance AN ACT to amend the insurance law, in relation to unfair claim settle- ment practices 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 2601-a to read as follows: § 2601-A. UNFAIR CLAIM SETTLEMENT PRACTICES; CIVIL REMEDY. (A) ANY PERSON MAY BRING A CIVIL ACTION AGAINST AN INSURER IF SUCH PERSON SUFFERS DAMAGES AS PROVIDED IN THIS SECTION WITH REGARD TO A POLICY ISSUED OR RENEWED PURSUANT TO THIS CHAPTER AGAINST ANY INSURER DOING BUSINESS IN THIS STATE UPON SUCH CLAIMANT PROVING BY A PREPONDERANCE OF THE EVIDENCE THAT SUCH INSURER'S REFUSAL TO PAY OR UNREASONABLE DELAY IN PAYMENT OF AMOUNTS CLAIMED TO BE DUE UNDER A POLICY WAS NOT SUBSTANTIAL- LY JUSTIFIED. AN INSURER IS NOT SUBSTANTIALLY JUSTIFIED IN REFUSING TO PAY OR IN UNREASONABLY DELAYING PAYMENT WHEN THE INSURER: (1) FAILED TO PROVIDE THE CLAIMANT WITH ACCURATE INFORMATION CONCERN- ING POLICY PROVISIONS RELATING TO THE COVERAGE AT ISSUE; (2) FAILED TO EFFECTUATE IN GOOD FAITH A PROMPT, FAIR AND EQUITABLE SETTLEMENT OF A CLAIM OR PORTION OF A CLAIM AND WHERE THE INSURER FAILED TO REASONABLY ACCORD AT LEAST EQUAL OR MORE FAVORABLE CONSIDERATION TO ITS INSURED'S INTERESTS AS IT DID TO ITS OWN INTERESTS, AND THEREBY EXPOSED THE INSURED TO A JUDGMENT IN EXCESS OF THE POLICY LIMITS OR CAUSED OTHER DAMAGE TO A CLAIMANT; (3) FAILED TO PROVIDE A TIMELY WRITTEN DENIAL OF A CLAIMANT'S CLAIM, OR PORTION THEREOF, WITH A FULL AND COMPLETE EXPLANATION OF SUCH DENIAL, INCLUDING REFERENCES TO SPECIFIC POLICY PROVISIONS WHEREVER POSSIBLE; EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00885-01-9
Co-Sponsors
Michael Cusick
Michele Titus
Steven Cymbrowitz
Ellen C. Jaffee
A5623A - Details
A5623A - Summary
Relates to unfair claim settlement practices; provides that plaintiff may recover interest, costs and disbursements; compensatory damages, consequential damages and reasonable attorneys' fees in addition to amounts due under the policy when the insurer refused to pay or unreasonable delay of payment was not reasonably justified.
A5623A - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5623--A 2019-2020 Regular Sessions I N A S S E M B L Y February 14, 2019 ___________ Introduced by M. of A. WEINSTEIN, CUSICK, TITUS, CYMBROWITZ, JAFFEE, HYNDMAN, PAULIN, COLTON, ABINANTI, SEAWRIGHT, SANTABARBARA, ZEBROWSKI, TAYLOR -- read once and referred to the Committee on Insurance -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the insurance law, in relation to unfair claim settle- ment practices 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 2601-a to read as follows: § 2601-A. UNFAIR CLAIM SETTLEMENT PRACTICES; CIVIL REMEDY. (A) THE HOLDER OF A POLICY ISSUED OR RENEWED PURSUANT TO ARTICLE THIRTY-FOUR OF THIS CHAPTER SHALL HAVE A PRIVATE RIGHT OF ACTION AGAINST ANY INSURER DOING BUSINESS IN THIS STATE FOR DAMAGES AS PROVIDED IN THIS SECTION UPON SUCH POLICYHOLDER PROVING BY A PREPONDERANCE OF THE EVIDENCE THAT SUCH INSURER'S REFUSAL TO PAY OR UNREASONABLE DELAY IN PAYMENT TO THE POLICYHOLDER OF AMOUNTS CLAIMED TO BE DUE UNDER A POLICY WAS NOT REASON- ABLY JUSTIFIED. AN INSURER IS NOT REASONABLY JUSTIFIED IN REFUSING TO PAY OR IN UNREASONABLY DELAYING PAYMENT WHEN THE INSURER: (1) FAILED TO PROVIDE THE POLICYHOLDER WITH ACCURATE INFORMATION CONCERNING POLICY PROVISIONS RELATING TO THE COVERAGE AT ISSUE; (2) FAILED TO EFFECTUATE A PROMPT AND FAIR SETTLEMENT OF A CLAIM OR ANY PORTION THEREOF, AND THE INSURER FAILED TO REASONABLY ACCORD AT LEAST EQUAL OR MORE FAVORABLE CONSIDERATION TO ITS INSURED INTEREST AS IT DID TO ITS OWN INTERESTS, AND THEREBY EXPOSED THE INSURED TO A JUDG- MENT IN EXCESS OF THE POLICY LIMITS; (3) FAILED TO PROVIDE A TIMELY WRITTEN DENIAL OF A POLICYHOLDER'S CLAIM WITH A FULL AND COMPLETE EXPLANATION OF SUCH DENIAL, INCLUDING REFERENCES TO SPECIFIC POLICY PROVISIONS WHEREVER POSSIBLE; EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00885-02-9
Co-Sponsors
Michael Cusick
Michele Titus
Steven Cymbrowitz
Ellen C. Jaffee
A5623B (ACTIVE) - Details
A5623B (ACTIVE) - Summary
Relates to unfair claim settlement practices; provides that plaintiff may recover interest, costs and disbursements; compensatory damages, consequential damages and reasonable attorneys' fees in addition to amounts due under the policy when the insurer refused to pay or unreasonable delay of payment was not reasonably justified.
A5623B (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5623--B 2019-2020 Regular Sessions I N A S S E M B L Y February 14, 2019 ___________ Introduced by M. of A. WEINSTEIN, CUSICK, CYMBROWITZ, JAFFEE, HYNDMAN, PAULIN, COLTON, ABINANTI, SEAWRIGHT, SANTABARBARA, ZEBROWSKI, TAYLOR, CARROLL, DINOWITZ, WEPRIN, JACOBSON, GOTTFRIED, SIMON, GRIFFIN -- read once and referred to the Committee on Insurance -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- 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 commit- tee AN ACT to amend the insurance law, in relation to unfair claim settle- ment practices 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 2601-a to read as follows: § 2601-A. UNFAIR CLAIM SETTLEMENT PRACTICES; CIVIL REMEDY. (A) THE HOLDER OF A POLICY ISSUED OR RENEWED PURSUANT TO ARTICLE THIRTY-FOUR OF THIS CHAPTER SHALL HAVE A PRIVATE RIGHT OF ACTION AGAINST ANY INSURER DOING BUSINESS IN THIS STATE FOR DAMAGES AS PROVIDED IN THIS SECTION UPON SUCH POLICYHOLDER PROVING BY A PREPONDERANCE OF THE EVIDENCE THAT SUCH INSURER'S REFUSAL TO PAY OR UNREASONABLE DELAY IN PAYMENT TO THE POLICYHOLDER OF AMOUNTS CLAIMED TO BE DUE UNDER A POLICY WAS NOT REASON- ABLY JUSTIFIED. AN INSURER IS NOT REASONABLY JUSTIFIED IN REFUSING TO PAY OR IN UNREASONABLY DELAYING PAYMENT WHEN THE INSURER: (1) FAILED TO PROVIDE THE POLICYHOLDER WITH ACCURATE INFORMATION CONCERNING POLICY PROVISIONS RELATING TO THE COVERAGE AT ISSUE; (2) FAILED TO EFFECTUATE A PROMPT AND FAIR SETTLEMENT OF A CLAIM OR ANY PORTION THEREOF, AND THE INSURER FAILED TO REASONABLY ACCORD AT LEAST EQUAL OR MORE FAVORABLE CONSIDERATION TO ITS INSURED INTEREST AS IT DID TO ITS OWN INTERESTS, AND THEREBY EXPOSED THE INSURED TO A JUDG- MENT IN EXCESS OF THE POLICY LIMITS; EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.