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Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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| Feb 20, 2025 |
referred to insurance |
Senate Bill S5359
2025-2026 Legislative Session
Sponsored By
(D) 14th Senate District
Current 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
Actions
2025-S5359 (ACTIVE) - Details
2025-S5359 (ACTIVE) - Sponsor Memo
BILL NUMBER: S5359
SPONSOR: COMRIE
TITLE OF BILL:
An act to amend the insurance law, in relation to notice of disclaimer
of liability for certain revived causes of action
PURPOSE:
This bill would amend the insurance law by adding a new section 1106 and
would allow insurers additional time to investigate potentially fraudu-
lent no-fault automobile insurance claims.
SUMMARY OF PROVISIONS:
Section 1 amends subsection. (a) of section 5106 of the insurance law to
include "payment of the interest and reasonable attorney fees to a
claimant when payment of a claim is overdue shall be the exclusive reme-
dy when an insurer fails to make timely payment. The failure of an
insurer to make timely payment or issue a denial within thirty days
after proof of claim has been submitted to an insurer shall riot
2025-S5359 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
5359
2025-2026 Regular Sessions
I N S E N A T E
February 20, 2025
___________
Introduced by Sen. COMRIE -- 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 notice of disclaimer
of liability for certain revived causes of action
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph 2 of subsection (d) of section 3420 of the insur-
ance law, as amended by chapter 388 of the laws of 2008, is amended to
read as follows:
(2) If under a liability policy issued or delivered in this state, an
insurer shall disclaim liability or deny coverage for death or bodily
injury arising out of a motor vehicle accident or any other type of
accident occurring within this state, it shall give written notice as
soon as is reasonably possible of such disclaimer of liability or denial
of coverage to the insured and the injured person or any other claimant.
PROVIDED, HOWEVER, THAT WITH REGARD TO ANY CIVIL CLAIM OR CAUSE OF
ACTION REVIVED PURSUANT TO SECTION TWO HUNDRED FOURTEEN-G OF THE CIVIL
PRACTICE LAW AND RULES, AN INSURER SHALL GIVE WRITTEN NOTICE OF A
DISCLAIMER OF LIABILITY OR DENIAL OF INSURANCE COVERAGE FOR SUCH REVIVED
CLAIM OR CAUSE OF ACTION TO THE INSURED WITHIN ONE HUNDRED TWENTY DAYS
AFTER THE INSURER HAS RECEIVED ACTUAL NOTICE OF SUCH REVIVED CIVIL CLAIM
OR CAUSE OF ACTION.
§ 2. This act shall take effect immediately and shall apply to all
policies entered into on or before such date.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09484-01-5
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