Assembly Actions - Lowercase Senate Actions - UPPERCASE |
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---|---|
Jan 08, 2020 | referred to insurance |
Jun 14, 2019 | print number 3634b |
Jun 14, 2019 | amend and recommit to insurance |
May 30, 2019 | print number 3634a |
May 30, 2019 | amend and recommit to insurance |
Feb 11, 2019 | referred to insurance |
senate Bill S3634B
Sponsored By
Neil D. Breslin
(D, WF) 46th Senate District
Archive: Last Bill Status - In Senate Committee Insurance Committee
- Introduced
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
Your Voice
Actions
Bill Amendments
Co-Sponsors
James L. Seward
(R, C, IP, RFM) 0 Senate District
Simcha Felder
(D) 22nd Senate District
S3634 - Details
S3634 - Summary
Provides that a liability insurer may be sued for and the plaintiff may recover compensatory damages where the insurer failed to effectuate prompt and fair settlement of the claim and considered its interests to the detriment of the insured so as to cause the rendering of a judgment in excess of the policy limits.
S3634 - Sponsor Memo
BILL NUMBER: S3634 SPONSOR: BRESLIN TITLE OF BILL: An act to amend the insurance law, in relation to maintaining an action against a liability insurer seeking compensatory damages in excess of the policy limits where such insurer failed to engage in prompt and fair settlement of the claim SUMMARY OF PROVISIONS: This bill amends Insurance Law section 3420(b) regarding standard provisions for liability insurance and the rights of the injured person, to add that such person may also recover compensatory damages from the insurer where the insurer failed to effectuate a prompt and fair settle- ment of a claim or portion of a claim, and where the insurer failed to reasonably accord at least equal or more favorable consideration to its insured's interests as it did to its own interests, and thereby exposed the insured to a judgment above the policy limits. JUSTIFICATION:
S3634 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 3634 2019-2020 Regular Sessions I N S E N A T E February 11, 2019 ___________ Introduced by Sens. BRESLIN, SEWARD, FELDER -- read twice and ordered printed, and when printed to be committed to the Committee on Insur- ance AN ACT to amend the insurance law, in relation to maintaining an action against a liability insurer seeking compensatory damages in excess of the policy limits where such insurer failed to engage in prompt and fair settlement of the claim THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 3420 of the insurance law is amended by adding a new subsection (b-1) to read as follows: (B-1) AN ACTION MAY ALSO BE MAINTAINED BY THE PERSONS IDENTIFIED IN PARAGRAPHS ONE, TWO AND THREE OF SUBSECTION (B) OF THIS SECTION AGAINST THE INSURER TO RECOVER COMPENSATORY DAMAGES FROM SUCH INSURER TO THE FULL EXTENT OF THE JUDGEMENT AGAINST THE INSURED, NOT LIMITED TO THE POLICY LIMITS AND NOT SUBJECT TO THE LIMITATIONS AND CONDITIONS OF PARA- GRAPH TWO OF SUBSECTION (A) OF THIS SECTION, WHERE THE INSURER FAILED TO EFFECTUATE A PROMPT AND FAIR SETTLEMENT OF A CLAIM OR ANY PORTION THERE- OF, AND THE INSURER FAILED TO REASONABLY ACCORD AT LEAST EQUAL OR MORE FAVORABLE CONSIDERATION TO ITS INSURED'S INTERESTS AS IT DID TO ITS OWN INTERESTS, AND THEREBY EXPOSED THE INSURED TO A JUDGEMENT IN EXCESS OF THE POLICY LIMITS. § 2. This act shall take effect immediately. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00917-01-9
Co-Sponsors
James L. Seward
(R, C, IP, RFM) 0 Senate District
Simcha Felder
(D) 22nd Senate District
James Gaughran
(D) 0 Senate District
S3634A - Details
S3634A - Summary
Provides that a liability insurer may be sued for and the plaintiff may recover compensatory damages where the insurer failed to effectuate prompt and fair settlement of the claim and considered its interests to the detriment of the insured so as to cause the rendering of a judgment in excess of the policy limits.
S3634A - Sponsor Memo
BILL NUMBER: S3634A SPONSOR: BRESLIN TITLE OF BILL: An act to amend the insurance law, in relation to maintaining an action against a liability insurer seeking compensatory damages in excess of the policy limits where such insurer failed to engage in prompt and fair settlement of the claim PURPOSE OR GENERAL IDEA OF BILL: To clarify the duties of liability and casualty insurers to their insureds. SUMMARY OF SPECIFIC PROVISIONS: This bill amends Insurance Law section 3420(b) regarding standard provisions for liability insurance and the rights of the injured person, to add that such person may also recover compensatory damages (or in an appropriate case per existing law, punitive damages) from the insurer where the insurer failed to effectuate a prompt and fair settlement of a claim or portion of a claim, and where the insurer failed to reasonably
S3634A - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 3634--A 2019-2020 Regular Sessions I N S E N A T E February 11, 2019 ___________ Introduced by Sens. BRESLIN, SEWARD, FELDER -- read twice and ordered printed, and when printed to be committed to the Committee on Insur- ance -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the insurance law, in relation to maintaining an action against a liability insurer seeking compensatory damages in excess of the policy limits where such insurer failed to engage in prompt and fair settlement of the claim THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 3420 of the insurance law is amended by adding a new subsection (b-1) to read as follows: (B-1) AN ACTION MAY ALSO BE MAINTAINED BY THE PERSONS IDENTIFIED IN PARAGRAPHS ONE, TWO AND THREE OF SUBSECTION (B) OF THIS SECTION AGAINST THE INSURER TO RECOVER DAMAGES INCLUDING PUNITIVE DAMAGES AS THE COURT MAY ALLOW, AND INTEREST MEASURED FROM THE TIME OF FAILURE TO OFFER A FAIR AND REASONABLE SETTLEMENT IN ACCORDANCE WITH THIS SECTION, FROM SUCH INSURER TO THE FULL EXTENT OF THE JUDGMENT AGAINST THE INSURED, NOT LIMITED TO THE POLICY LIMITS AND NOT SUBJECT TO THE LIMITATIONS AND CONDITIONS OF PARAGRAPH TWO OF SUBSECTION (A) OF THIS SECTION, WHERE A PREPONDERANCE OF THE EVIDENCE ESTABLISHES THAT THE INSURER FAILED TO EFFECTUATE A PROMPT AND FAIR SETTLEMENT OF A CLAIM OR ANY PORTION THERE- OF, AND WHERE UNDER THE TOTALITY OF THE FACTS AND CIRCUMSTANCES RELATED TO THE CLAIM, THE INSURER FAILED TO REASONABLY ACCORD AT LEAST EQUAL OR MORE FAVORABLE CONSIDERATION TO ITS INSURED'S INTERESTS AS IT DID TO ITS OWN INTERESTS, AND THEREBY EXPOSED THE INSURED TO A JUDGMENT IN EXCESS OF THE POLICY LIMITS. § 2. This act shall take effect immediately. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00917-03-9
Co-Sponsors
James L. Seward
(R, C, IP, RFM) 0 Senate District
Simcha Felder
(D) 22nd Senate District
James Gaughran
(D) 0 Senate District
James Skoufis
(D) 42nd Senate District
S3634B (ACTIVE) - Details
S3634B (ACTIVE) - Summary
Provides that a liability insurer may be sued for and the plaintiff may recover compensatory damages where the insurer failed to effectuate prompt and fair settlement of the claim and considered its interests to the detriment of the insured so as to cause the rendering of a judgment in excess of the policy limits.
S3634B (ACTIVE) - Sponsor Memo
BILL NUMBER: S3634B SPONSOR: BRESLIN TITLE OF BILL: An act to amend the insurance law, in relation to maintaining an action against a liability insurer seeking compensatory damages in excess of the policy limits where such insurer failed to engage in prompt and fair settlement of the claim PURPOSE OR GENERAL IDEA OF BILL: To clarify the duties of liability and casualty insurers to their insureds. SUMMARY OF SPECIFIC PROVISIONS: This bill amends Insurance Law section 3420(b) regarding standard provisions for liability insurance and the rights of the injured person, to add that such person may also recover compensatory damages from the insurer where the insurer failed to effectuate a prompt and fair settle- ment of a claim or portion of a claim, and where the insurer failed to reasonably accord at least equal or more favorable consideration to its
S3634B (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 3634--B 2019-2020 Regular Sessions I N S E N A T E February 11, 2019 ___________ Introduced by Sens. BRESLIN, SEWARD, FELDER, GAUGHRAN -- read twice and ordered printed, and when printed to be committed to the Committee on Insurance -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the insurance law, in relation to maintaining an action against a liability insurer seeking compensatory damages in excess of the policy limits where such insurer failed to engage in prompt and fair settlement of the claim THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 3420 of the insurance law is amended by adding a new subsection (b-1) to read as follows: (B-1) AN ACTION MAY ALSO BE MAINTAINED BY THE PERSONS IDENTIFIED IN PARAGRAPHS ONE, TWO AND THREE OF SUBSECTION (B) OF THIS SECTION AGAINST THE INSURER TO RECOVER DAMAGES INCLUDING COMPENSATORY DAMAGES AND INTER- EST MEASURED FROM THE TIME OF FAILURE TO OFFER A FAIR AND REASONABLE SETTLEMENT IN ACCORDANCE WITH THIS SECTION, FROM SUCH INSURER TO THE FULL EXTENT OF THE JUDGMENT AGAINST THE INSURED, NOT LIMITED TO THE POLICY LIMITS AND NOT SUBJECT TO THE LIMITATIONS AND CONDITIONS OF PARA- GRAPH TWO OF SUBSECTION (A) OF THIS SECTION, WHERE A PREPONDERANCE OF THE EVIDENCE ESTABLISHES THAT THE INSURER FAILED TO EFFECTUATE A PROMPT AND FAIR SETTLEMENT OF A CLAIM OR ANY PORTION THEREOF, AND WHERE UNDER THE TOTALITY OF THE FACTS AND CIRCUMSTANCES RELATED TO THE CLAIM, THE INSURER FAILED TO REASONABLY ACCORD AT LEAST EQUAL OR MORE FAVORABLE CONSIDERATION TO ITS INSURED'S INTERESTS AS IT DID TO ITS OWN INTERESTS, AND THEREBY EXPOSED THE INSURED TO A JUDGMENT IN EXCESS OF THE POLICY LIMITS. § 2. This act shall take effect immediately. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00917-05-9
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