Senate Bill S8211

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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Sponsored By

Archive: Last Bill Status - In Senate Committee Insurance Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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Bill Amendments

co-Sponsors

2019-S8211 - Details

Current Committee:
Senate Insurance
Law Section:
Insurance
Versions Introduced in 2021-2022 Legislative Session:
S4711

2019-S8211 - Summary

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

2019-S8211 - Sponsor Memo

2019-S8211 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8211
 
                             I N  S E N A T E
 
                              April 17, 2020
                                ___________
 
 Introduced  by Sens. GOUNARDES, MAYER -- read twice and ordered printed,
   and when printed to be committed to the Committee 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, 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
 business interruption for the duration of a period of a  declared  state
 emergency due to the coronavirus disease 2019 (COVID-19) pandemic.
   (e)  This section shall apply to policies issued to insureds with less
 than 250 eligible employees in force on the effective date of this  act.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

co-Sponsors

2019-S8211A (ACTIVE) - Details

Current Committee:
Senate Insurance
Law Section:
Insurance
Versions Introduced in 2021-2022 Legislative Session:
S4711

2019-S8211A (ACTIVE) - Summary

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

2019-S8211A (ACTIVE) - Sponsor Memo

2019-S8211A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8211--A
 
                             I N  S E N A T E
 
                              April 17, 2020
                                ___________
 
 Introduced  by  Sens.  GOUNARDES,  MAYER, KAPLAN, KENNEDY, MAY, PERSAUD,
   SEPULVEDA -- 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  commit-
   tee
 
 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-
 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

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