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Assembly Bill A5624

2019-2020 Legislative Session

Establishes a private right of action for the insured for unfair insurance settlement practices when the claim relates to loss or injury in an area where the governor has declared a disaster emergency

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Archive: Last Bill Status - In Assembly Committee

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2019-A5624 (ACTIVE) - Details

Current Committee:
Assembly Insurance
Law Section:
Insurance Law
Laws Affected:
Amd §2601, Ins L
Versions Introduced in Other Legislative Sessions:
2013-2014: A5780
2015-2016: A1329
2017-2018: A3340

2019-A5624 (ACTIVE) - Summary

Establishes a private right of action for the insured for unfair insurance settlement practices when the claim relates to loss or injury in an area where the governor has declared a disaster emergency.

2019-A5624 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5624
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 14, 2019
                                ___________
 
 Introduced  by  M.  of A. WEINSTEIN, SEAWRIGHT, ABINANTI, TITUS, CUSICK,
   COLTON, TAYLOR -- Multi-Sponsored by -- M. of A. GLICK, PERRY --  read
   once and referred to the Committee on Insurance
 
 AN ACT to amend the insurance law, in relation to establishing a private
   right of action for unfair claim settlement practices by an insurer

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subsection (c) of section 2601  of  the  insurance  law  is
 amended and a new subsection (d) is added to read as follows:
   (c)  If it is found, after notice and an opportunity to be heard, that
 an insurer has violated this section,  each  instance  of  noncompliance
 with  subsection  (a) [hereof] OF THIS SECTION may be treated as a sepa-
 rate violation of this section  for  purposes  of  ordering  a  monetary
 penalty  pursuant  to subsection (b) of section one hundred nine of this
 chapter. A violation of this section shall not be a misdemeanor.
   (D) WHERE THE GOVERNOR HAS DECLARED A DISASTER EMERGENCY  PURSUANT  TO
 SECTION  TWENTY-EIGHT  OF THE EXECUTIVE LAW, IN ADDITION TO THE RIGHT OF
 ACTION GRANTED TO THE DEPARTMENT PURSUANT TO THIS  SECTION,  ANY  PERSON
 WHO  HAS  SUFFERED  LOSS  OR  INJURY  BY REASON OF ANY VIOLATION OF THIS
 SECTION RELATING TO  AN  INSURANCE  CLAIM  FOR  PROPERTY  DAMAGE  IN  AN
 AFFECTED  AREA ENCOMPASSED BY THE EXECUTIVE ORDER DECLARING THE DISASTER
 EMERGENCY MAY BRING AN ACTION IN HIS OR HER OWN NAME AS A  PLAINTIFF  TO
 ENJOIN SUCH UNLAWFUL ACT OR PRACTICE AND AN ACTION TO RECOVER HIS OR HER
 ACTUAL  DAMAGES.  THE  COURT  MAY,  IN  ITS  DISCRETION,  AWARD PUNITIVE
 DAMAGES, IF THE COURT FINDS THAT  THE  DEFENDANT  INSURER  WILLFULLY  OR
 KNOWINGLY  VIOLATED  THIS SECTION. THE COURT MAY AWARD REASONABLE ATTOR-
 NEY'S FEES TO A PREVAILING PLAINTIFF.
   § 2. This act shall take effect immediately.
 

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00890-01-9

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