assembly Bill A10226A

2019-2020 Legislative Session

Relates to requiring certain perils be covered under business interruption insurance during the coronavirus disease 2019 (COVID-19) pandemic

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Current Bill Status - In Assembly Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (5)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Apr 29, 2020 print number 10226b
Apr 29, 2020 amend and recommit to insurance
Apr 08, 2020 print number 10226a
Apr 08, 2020 amend and recommit to insurance
Mar 27, 2020 referred to insurance

Co-Sponsors

view additional co-sponsors

Multi-Sponsors

A10226 - Details

See Senate Version of this Bill:
S8211
Current Committee:
Assembly Insurance
Law Section:
Insurance

A10226 - Summary

Requires certain perils be covered under business interruption insurance during the coronavirus disease 2019 (COVID-19) pandemic.

A10226 - Bill Text download pdf


                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  10226

                          I N  A S S E M B L Y

                             March 27, 2020
                               ___________

Introduced  by M. of A. CARROLL -- read once and referred to the Commit-
  tee on Insurance

AN ACT in relation to requiring certain perils be covered under business
  interruption insurance during the coronavirus disease 2019  (COVID-19)
  pandemic

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. (a) Notwithstanding any provisions of law,  rule  or  regu-
lation  to the contrary, every policy of insurance insuring against loss
or damage to property, which includes the loss of use and occupancy  and
business  interruption,  shall be construed to include among the covered
perils under that policy, coverage for business  interruption  during  a
period of a declared state emergency due to the coronavirus disease 2019
(COVID-19) pandemic.
  (b) The coverage required by this section shall indemnify the insured,
subject  to  the  limits  under  the policy, for any loss of business or
business interruption for the duration of a period of a  declared  state
emergency due to the coronavirus disease 2019 (COVID-19) pandemic.
  (c)  This section shall apply to policies issued to insureds with less
than 100 eligible employees in force on the effective date of this  act.
"Eligible  employee"  means a full-time employee who works a normal work
week of 25 or more hours.
  § 2. (a) An insurer which indemnifies an insured who has filed a claim
pursuant to section one of this act may apply to the  superintendent  of
financial  services  for relief and reimbursement by the department from
funds collected and made available  for  this  purpose  as  provided  in
section three of this act.
  (b)  The  superintendent  of financial services shall establish proce-
dures for the submission and qualification of claims by  insurers  which
are  eligible for reimbursement pursuant to this act. The superintendent
of financial services shall incorporate in these procedures such  stand-
ards  as  are  necessary to protect against the submission of fraudulent
claims by insureds, and appropriate safeguards for insurers to employ in
the review and payment of such claims.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

Co-Sponsors

view additional co-sponsors

Multi-Sponsors

A10226A - Details

See Senate Version of this Bill:
S8211
Current Committee:
Assembly Insurance
Law Section:
Insurance

A10226A - Summary

Requires certain perils be covered under business interruption insurance during the coronavirus disease 2019 (COVID-19) pandemic.

A10226A - Bill Text download pdf


                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                10226--A

                          I N  A S S E M B L Y

                             March 27, 2020
                               ___________

Introduced by M. of A. CARROLL, FAHY, GRIFFIN, SIMOTAS, EPSTEIN, LENTOL,
  M. G. MILLER,  PHEFFER AMATO, WRIGHT, DINOWITZ, ORTIZ, THIELE, CUSICK,
  BARRETT, COLTON, MALLIOTAKIS, MAGNARELLI, FALL --  Multi-Sponsored  by
  -- M. of A.  ENGLEBRIGHT -- read once and referred to the Committee on
  Insurance  -- committee discharged, bill amended, ordered reprinted as
  amended and recommitted to said committee

AN ACT in relation to requiring certain perils be covered under business
  interruption insurance during the coronavirus disease 2019  (COVID-19)
  pandemic

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. (a) Notwithstanding any provisions of law,  rule  or  regu-
lation  to the contrary, every policy of insurance insuring against loss
or damage to property, which includes, but is not limited to,  the  loss
of  use  and  occupancy and business interruption, shall be construed to
include among the covered perils under that policy, coverage  for  busi-
ness  interruption  during a period of a declared state emergency due to
the coronavirus disease 2019 (COVID-19) pandemic.
  (b) Every policy of insurance insuring against loss or damage to prop-
erty, which includes, but is not limited to, the loss of use  and  occu-
pancy and business interruption, whose policy expires during a period of
a  declared  state emergency due to the coronavirus disease 2019 (COVID-
19) pandemic, shall be subject to an automatic renewal of the policy  at
the current rate of charge.
  (c)  Any clause or provision of a policy of insurance insuring against
loss or damage to property, which includes, but is not limited  to,  the
loss  of  use  and occupancy and business interruption, which allows the
insurer to deny coverage based on a virus, bacterium, or other  microor-
ganism  that  causes  disease,  illness, or physical distress or that is
capable of causing disease illness, or physical distress shall  be  null
and void; provided, however, the remaining clauses and provisions of the
contract shall remain in effect for the duration of the contract term.
  (d) The coverage required by this section shall indemnify the insured,
subject  to  the  limits  under  the policy, for any loss of business or

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

Co-Sponsors

view additional co-sponsors

Multi-Sponsors

A10226B (ACTIVE) - Details

See Senate Version of this Bill:
S8211
Current Committee:
Assembly Insurance
Law Section:
Insurance

A10226B (ACTIVE) - Summary

Requires certain perils be covered under business interruption insurance during the coronavirus disease 2019 (COVID-19) pandemic.

A10226B (ACTIVE) - Bill Text download pdf


                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                10226--B

                          I N  A S S E M B L Y

                             March 27, 2020
                               ___________

Introduced by M. of A. CARROLL, FAHY, GRIFFIN, SIMOTAS, EPSTEIN, LENTOL,
  M. G. MILLER,  PHEFFER AMATO, WRIGHT, DINOWITZ, ORTIZ, THIELE, CUSICK,
  BARRETT,  COLTON,  MALLIOTAKIS,  MAGNARELLI,  FALL,  FRONTUS,   GLICK,
  PAULIN,  ROZIC,  JONES, JACOBSON, NIOU, SIMON -- Multi-Sponsored by --
  M. of A. ENGLEBRIGHT, McDONOUGH --  read  once  and  referred  to  the
  Committee  on Insurance -- committee discharged, bill amended, ordered
  reprinted as amended  and  recommitted  to  said  committee  --  again
  reported  from  said  committee  with amendments, ordered reprinted as
  amended and recommitted to said committee

AN ACT in relation to requiring certain perils be covered under business
  interruption insurance during the coronavirus disease 2019  (COVID-19)
  pandemic

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1.  For the purposes of this act:
  (a) "business" shall mean a business registered with the department of
tax and finance or not-for-profit corporation registered with the Attor-
ney General's charities bureau.
  (b) "income" shall mean traditional business income as  well  as  not-
for-profit revenue from donations, sponsorships, and grants.
  (c)  "net  written premiums received" shall mean gross direct premiums
written, less return premiums thereon and dividends credited or paid  to
policyholders, as reported on the company's annual financial statement.
  (d) "premium taxes" shall mean payments required under subdivision (d)
of section 2118 of the insurance law.
  §  2. (a) Notwithstanding any provisions of law, rule or regulation to
the contrary, every policy of insurance insuring against loss or  damage
to  property, which includes, but is not limited to, the loss of use and
occupancy and business interruption, shall be construed to include among
the covered perils under that policy, coverage for business interruption
during a period of a declared state emergency  due  to  the  coronavirus
disease 2019 (COVID-19) pandemic.
  (b) Every policy of insurance insuring against loss or damage to prop-
erty,  which  includes, but is not limited to, the loss of use and occu-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets