Senate Bill S6595

2021-2022 Legislative Session

Relates to standards for the prompt investigation and settlement of claims arising out of states of emergency and disasters

download bill text pdf

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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2021-S6595 (ACTIVE) - Details

See Assembly Version of this Bill:
A2236
Current Committee:
Senate Insurance
Law Section:
Insurance Law
Laws Affected:
Add §2618, Ins L
Versions Introduced in Other Legislative Sessions:
2013-2014: S3413, A1092
2015-2016: S1398, A4458
2017-2018: S1476, A1568
2019-2020: S3553, A7097
2023-2024: S5201, A2078

2021-S6595 (ACTIVE) - Summary

Establishes standards for the prompt investigation and settlement of claims arising out of states of emergency and disasters.

2021-S6595 (ACTIVE) - Sponsor Memo

2021-S6595 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6595
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               May 10, 2021
                                ___________
 
 Introduced  by  Sen. SKOUFIS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Insurance
 
 AN ACT to amend the insurance law, in relation to standards  for  prompt
   investigation and settlement of claims arising from states of emergen-
   cy

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The insurance law is amended by adding a new  section  2618
 to read as follows:
   §  2618.  STANDARDS FOR PROMPT INVESTIGATION AND SETTLEMENT OF CLAIMS.
 (A) THIS SECTION SHALL APPLY TO EVERY INSURER WHO WRITES  POLICIES  THAT
 COVER  LOSS  OF  OR  DAMAGE TO REAL PROPERTY, PERSONAL PROPERTY OR OTHER
 LIABILITIES FOR LOSS OF, DAMAGE TO, OR INJURY  TO  PERSONS  OR  PROPERTY
 WHEN  A LOCAL STATE OF EMERGENCY IS DECLARED PURSUANT TO SECTION TWENTY-
 FOUR OF THE EXECUTIVE LAW, WHEN THE GOVERNOR DECLARES A  DISASTER  EMER-
 GENCY PURSUANT TO SECTION TWENTY-EIGHT OF THE EXECUTIVE LAW, OR WHEN THE
 PRESIDENT  ISSUES  A MAJOR DISASTER OR EMERGENCY DECLARATION PURSUANT TO
 THE ROBERT T. STAFFORD DISASTER  RELIEF  AND  EMERGENCY  ASSISTANCE  ACT
 (P.L. 93-288), FOR CLAIMS ARISING FROM SUCH EMERGENCY.
   (1)  AN INSURER SHALL ACKNOWLEDGE THE RECEIPT OF ALL CLAIMS IN WRITING
 TO THE CLAIMANT OR THE CLAIMANT'S AUTHORIZED REPRESENTATIVE  IN  ACCORD-
 ANCE WITH REGULATIONS PROMULGATED BY THE SUPERINTENDENT;
   (2)  IF  THE INSURER WISHES ITS INVESTIGATION TO INCLUDE AN INSPECTION
 OF DAMAGED OR DESTROYED PROPERTY, THE INSPECTION, WHETHER  PERFORMED  BY
 THE  INSURER,  AN  INDEPENDENT  ADJUSTER, OR OTHER REPRESENTATIVE OF THE
 INSURER, SHALL OCCUR IN ACCORDANCE WITH REGULATIONS PROMULGATED  BY  THE
 SUPERINTENDENT.   FURTHERMORE, WHERE NECESSARY TO PROTECT THE HEALTH AND
 SAFETY OF THE CLAIMANT, IMMEDIATE REPAIRS TO  WINDOWS,  EXTERIOR  WALLS,
 EXTERIOR  DOORS,  ROOFS,  HEATING  SYSTEMS, WATER SYSTEMS AND ELECTRICAL
 SYSTEMS MAY BE MADE AND ALTERNATIVE PROOF OF LOSS SUCH  AS  PHOTOGRAPHS,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06738-01-1
              

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