| Date of Action |
Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|---|---|
| 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
2019-2020 Legislative Session
Sponsored By
(D, WF) Senate District
Archive: Last Bill Status - In Senate Committee Insurance Committee
Actions
Bill Amendments
co-Sponsors
(R, C, IP, RFM) Senate District
(D) Senate District
2019-S3634 - Details
2019-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.
2019-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:
2019-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
(R, C, IP, RFM) Senate District
(D) Senate District
(D) Senate District
2019-S3634A - Details
2019-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.
2019-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
2019-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
(R, C, IP, RFM) Senate District
(D) Senate District
(D) Senate District
(D) 42nd Senate District
2019-S3634B (ACTIVE) - Details
2019-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.
2019-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
2019-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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