S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5804
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 19, 2019
                                ___________
 
 Introduced  by M. of A. ENGLEBRIGHT, COLTON, GUNTHER, CAHILL, ZEBROWSKI,
   WEPRIN -- Multi-Sponsored by -- M. of A. ABINANTI, RIVERA -- read once
   and referred to the Committee on Insurance
 
 AN ACT to amend the insurance law, in relation to requiring insurers  of
   property  to eliminate from the claims record of an insured, any claim
   of loss made and paid in good faith, which is discovered to  be  false
   and the proceeds of such claim are repaid to the insurer
 
   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 3407-b
 to read as follows:
   § 3407-B. PROPERTY INSURANCE; CLAIM OF LOSS. THE GOOD FAITH  CLAIM  OF
 THE  LOSS  OF  ANY  PROPERTY  WHICH A PERSON HAS INSURED AGAINST LOSS OR
 DAMAGE UNDER ANY CONTRACT OF INSURANCE,  ISSUED  OR  DELIVERED  IN  THIS
 STATE  OR COVERING PROPERTY LOCATED IN THIS STATE, SHALL BE REMOVED FROM
 THE RECORD OF CLAIMS MADE BY THE INSURED, FOR  ALL  PURPOSES,  WHEN  THE
 INSURED SUBSEQUENTLY FINDS THAT SUCH PROPERTY WAS NOT LOST AND REPAYS TO
 THE INSURER ALL MONEY, IF ANY, PAID PURSUANT TO SUCH CLAIM.
   §  2. This act shall take effect immediately and shall apply to claims
 made on or after such effective date.
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09851-01-9