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Assembly Bill A8298A

2019-2020 Legislative Session

Relates to notice of disclaimer of liability for certain revived claims or causes of action

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Archive: Last Bill Status - In Assembly Committee

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Bill Amendments

2019-A8298 - Details

See Senate Version of this Bill:
S6482
Current Committee:
Assembly Insurance
Law Section:
Insurance Law
Laws Affected:
Amd §3420, Ins L
Versions Introduced in Other Legislative Sessions:
2021-2022: A2286, S3574
2023-2024: A3615, S2816
2025-2026: A7418, S5359

2019-A8298 - Summary

Relates to notice of disclaimer of liability for certain revived causes of action; such notice shall occur within 120 days after the insurer has received actual notice of such revived claim or cause of action.

2019-A8298 - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8298
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               June 13, 2019
                                ___________
 
 Introduced  by M. of A. PRETLOW -- read once and referred to the Commit-
   tee on Insurance
 
 AN ACT to amend the insurance law, in relation to notice  of  disclaimer
   of liability for certain revived causes of action
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Paragraph 2 of subsection (d) of section 3420 of the insur-
 ance law, as amended by chapter 388 of the laws of 2008, is  amended  to
 read as follows:
   (2)  If under a liability policy issued or delivered in this state, an
 insurer shall disclaim liability or deny coverage for  death  or  bodily
 injury  arising  out  of  a  motor vehicle accident or any other type of
 accident occurring within this state, it shall give  written  notice  as
 soon as is reasonably possible of such disclaimer of liability or denial
 of coverage to the insured and the injured person or any other claimant.
 PROVIDED,  HOWEVER,  THAT  WITH  REGARD  TO  ANY CIVIL CLAIM OR CAUSE OF
 ACTION REVIVED PURSUANT TO SECTION TWO HUNDRED FOURTEEN-G OF  THE  CIVIL
 PRACTICE  LAW  AND  RULES,  THE  TIME WITHIN WHICH AN INSURER SHALL GIVE
 WRITTEN NOTICE OF A DISCLAIMER  OF  LIABILITY  OR  DENIAL  OF  INSURANCE
 COVERAGE  FOR  SUCH  REVIVED  CLAIM,  OR CAUSE OF ACTION TO THE INSURED,
 SHALL NOT BEGIN UNTIL ONE HUNDRED TWENTY  DAYS  AFTER  THE  INSURER  HAS
 LOCATED  OR  BEEN PROVIDED WITH A COPY OR COPIES OF THE INSURANCE POLICY
 OR POLICIES WHICH  THE  INSURED,  INJURED  PERSON,  OR  OTHER  CLAIMANT,
 CONTENDS  PROVIDES  INSURANCE  COVERAGE,  BENEFITS, OR PROCEEDS FOR SUCH
 REVIVED CIVIL CLAIM OR CAUSE OF ACTION, PROVIDED THAT  THE  INSURER  HAS
 MADE A REASONABLY DILIGENT SEARCH FOR SUCH POLICY OR POLICIES.
   §  2.  This  act  shall take effect immediately and be deemed to be in
 full force and effect on the same date and in the same manner as section
 3 of chapter 11 of the laws of 2019, and shall  apply  to  all  policies
 entered into on or before such date.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13332-01-9

2019-A8298A (ACTIVE) - Details

See Senate Version of this Bill:
S6482
Current Committee:
Assembly Insurance
Law Section:
Insurance Law
Laws Affected:
Amd §3420, Ins L
Versions Introduced in Other Legislative Sessions:
2021-2022: A2286, S3574
2023-2024: A3615, S2816
2025-2026: A7418, S5359

2019-A8298A (ACTIVE) - Summary

Relates to notice of disclaimer of liability for certain revived causes of action; such notice shall occur within 120 days after the insurer has received actual notice of such revived claim or cause of action.

2019-A8298A (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8298--A
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               June 13, 2019
                                ___________
 
 Introduced  by M. of A. PRETLOW -- read once and referred to the Commit-
   tee 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 notice of disclaimer
   of liability for certain revived causes of action

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph 2 of subsection (d) of section 3420 of the insur-
 ance  law,  as amended by chapter 388 of the laws of 2008, is amended to
 read as follows:
   (2) If under a liability policy issued or delivered in this state,  an
 insurer  shall  disclaim  liability or deny coverage for death or bodily
 injury arising out of a motor vehicle accident  or  any  other  type  of
 accident  occurring  within  this state, it shall give written notice as
 soon as is reasonably possible of such disclaimer of liability or denial
 of coverage to the insured and the injured person or any other claimant.
 PROVIDED, HOWEVER, THAT WITH REGARD TO  ANY  CIVIL  CLAIM  OR  CAUSE  OF
 ACTION  REVIVED  PURSUANT TO SECTION TWO HUNDRED FOURTEEN-G OF THE CIVIL
 PRACTICE LAW AND RULES, AN  INSURER  SHALL  GIVE  WRITTEN  NOTICE  OF  A
 DISCLAIMER OF LIABILITY OR DENIAL OF INSURANCE COVERAGE FOR SUCH REVIVED
 CLAIM  OR  CAUSE OF ACTION TO THE INSURED WITHIN ONE HUNDRED TWENTY DAYS
 AFTER THE INSURER HAS RECEIVED ACTUAL NOTICE OF SUCH REVIVED CIVIL CLAIM
 OR CAUSE OF ACTION.
   § 2. This act shall take effect immediately and be  deemed  to  be  in
 full force and effect on the same date and in the same manner as section
 3  of  chapter  11  of the laws of 2019, and shall apply to all policies
 entered into on or before such date.
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13332-02-9

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