Assembly Bill A9911

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9911
 
                           I N  A S S E M B L Y
 
                             February 27, 2020
                                ___________
 
 Introduced by M. of A. STIRPE -- read once and referred to the Committee
   on Insurance
 
 AN  ACT to amend the insurance law, in relation to representations by an
   insured
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subsection  (a)  of  section 3105 of the insurance law is
 amended to read as follows:
   (a) (1) A representation is a statement as to past  or  present  fact,
 made to the insurer by, or by the authority of, the applicant for insur-
 ance  or  the prospective insured, at or before the making of the insur-
 ance contract as an inducement to the  making  thereof.  A  misrepresen-
 tation is a false representation, and the facts misrepresented are those
 facts which make the representation false.
   (2) ANY PERSON HAVING OR CLAIMING A RIGHT UNDER A LIFE INSURANCE POLI-
 CY  THAT  (A)  PROVIDES  A DEATH BENEFIT AND (B) HAS BEEN IN FORCE FEWER
 THAN TWO YEARS FOLLOWING THE DATE OF ISSUE OR THE DATE OF  REINSTATEMENT
 IF  EVIDENCE  OF  INSURABILITY  IS  REQUESTED,  SHALL PROVIDE REASONABLE
 ASSISTANCE TO THE INSURER IN  OBTAINING  THE  NECESSARY  INFORMATION  TO
 DETERMINE  WHETHER  A  MISREPRESENTATION  WAS  MADE BY THE APPLICANT FOR
 INSURANCE OR THE PROSPECTIVE INSURED.
   § 2. This act shall take effect immediately.
 
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09812-01-9