senate Bill S3639

2019-2020 Legislative Session

Relates to representations by insureds having claims under a life insurance policy

download bill text pdf

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Current Bill Status - Passed Senate & Assembly


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

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Actions

view actions (11)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 18, 2019 returned to senate
passed assembly
ordered to third reading rules cal.402
substituted for a7664
Jun 17, 2019 referred to insurance
delivered to assembly
passed senate
May 15, 2019 advanced to third reading
May 14, 2019 2nd report cal.
May 13, 2019 1st report cal.665
Feb 11, 2019 referred to insurance

Co-Sponsors

S3639 (ACTIVE) - Details

See Assembly Version of this Bill:
A7664
Law Section:
Insurance Law
Laws Affected:
Amd §3105, Ins L
Versions Introduced in 2017-2018 Legislative Session:
S8151

S3639 (ACTIVE) - Summary

Requires persons having claims under a life insurance policy to provide reasonable assistance to the insurer in obtaining information relating to misrepresentations made by the insured.

S3639 (ACTIVE) - Sponsor Memo

S3639 (ACTIVE) - Bill Text download pdf


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

                                  3639

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                            February 11, 2019
                               ___________

Introduced  by  Sens.  BRESLIN, SEWARD, AKSHAR -- 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 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

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