Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 08, 2020 |
referred to environmental conservation |
May 29, 2019 |
referred to environmental conservation |
Assembly Bill A7943
2019-2020 Legislative Session
Sponsored By
ENGLEBRIGHT
Archive: Last Bill Status - In Assembly 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
Actions
2019-A7943 (ACTIVE) - Details
- Current Committee:
- Assembly Environmental Conservation
- Law Section:
- Navigation Law
- Laws Affected:
- Amd §190, Nav L
- Versions Introduced in 2021-2022 Legislative Session:
-
A7281
2019-A7943 (ACTIVE) - Summary
Relates to claims against insurers for petroleum spills, providing that all direct and indirect damages relating to a discharge of petroleum shall be considered insurable property damage, creating an affirmative defense for insurers that the insured failed to take reasonable steps to prevent such discharge and requiring insurers provide a notice in every homeowner's policy that the insured is responsible to take reasonable steps to prevent petroleum discharges.
2019-A7943 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 7943 2019-2020 Regular Sessions I N A S S E M B L Y May 29, 2019 ___________ Introduced by M. of A. ENGLEBRIGHT -- (at request of the State Comp- troller) -- read once and referred to the Committee on Environmental Conservation AN ACT to amend the navigation law, in relation to claims against insur- ers for petroleum spills THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 190 of the navigation law, as added by chapter 845 of the laws of 1977, is amended to read as follows: § 190. Claims against insurers. 1. Any claims for costs of cleanup and removal, civil penalties or damages by the state and any claim for damages by any injured person, may be brought directly against the bond, the insurer, or any other person providing evidence of financial respon- sibility. 2. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, ALL HOMEOWN- ERS' POLICIES OF INSURANCE IN THIS STATE WHICH SHALL INSURE AGAINST DAMAGE TO PROPERTY SHALL CLEARLY PROVIDE THAT CLEANUP AND REMOVAL COSTS AND ALL DIRECT AND INDIRECT DAMAGES RELATING TO A DISCHARGE OF PETROLEUM SHALL CONSTITUTE PROPERTY DAMAGE AND SHALL BE INSURABLE WITHIN THE MEAN- ING OF THE GENERAL LIABILITY PORTIONS OF SUCH INSURANCE POLICY. THE RISK OF DAMAGES CAUSED BY SUCH DISCHARGES MAY NOT BE AN EXCLUSION IN ANY SUCH POLICY ISSUED IN THE STATE. 3. IN ANY CLAIM FOR COVERAGE OF THE COSTS AND DAMAGES RELATING TO A DISCHARGE OF PETROLEUM, THE INSURER MAY RAISE THE AFFIRMATIVE DEFENSE THAT THE INSURED HAD ACTUAL KNOWLEDGE OF A CONDITION WHICH A REASONABLE PERSON WOULD HAVE UNDERSTOOD TO POSE AN IMMINENT RISK OF A DISCHARGE OF PETROLEUM AND THAT THE INSURED FAILED TO TAKE REASONABLE STEPS TO PREVENT THE DISCHARGE. 4. INSURERS SHALL PROVIDE THE FOLLOWING NOTICE IN BOLD LETTERING OF AT LEAST TWELVE POINT TYPE FONT IN EVERY HOMEOWNER'S POLICY, NEWLY ISSUED OR RENEWED WHICH INSURES AGAINST DAMAGE TO PROPERTY: EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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