Bill Text: NY S06482 | 2019-2020 | General Assembly | Amended

New York Senate Bill 6482 (Prior Session Legislation)

Bill Title: Relates to notice of disclaimer of liability for certain revived causes of action; such notice shall occur within 120 days after the insurer has received actual notice of such revived claim or cause of action.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-01-08 - REFERRED TO INSURANCE [S06482 Detail]

Download: New_York-2019-S06482-Amended.html




                STATE OF NEW YORK
        ________________________________________________________________________

                                         6482--A

                               2019-2020 Regular Sessions

                    IN SENATE

                                      June 13, 2019
                                       ___________

        Introduced  by  Sen. BRESLIN -- read twice and ordered printed, and when
          printed to be  committed  to  the  Committee  on  Rules  --  committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee

        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:

     1    Section 1. Paragraph 2 of subsection (d) of section 3420 of the insur-
     2  ance  law,  as amended by chapter 388 of the laws of 2008, is amended to
     3  read as follows:
     4    (2) If under a liability policy issued or delivered in this state,  an
     5  insurer  shall  disclaim  liability or deny coverage for death or bodily
     6  injury arising out of a motor vehicle accident  or  any  other  type  of
     7  accident  occurring  within  this state, it shall give written notice as
     8  soon as is reasonably possible of such disclaimer of liability or denial
     9  of coverage to the insured and the injured person or any other claimant.
    10  Provided, however, that with regard to  any  civil  claim  or  cause  of
    11  action  revived  pursuant to section two hundred fourteen-g of the civil
    12  practice law and rules, an  insurer  shall  give  written  notice  of  a
    13  disclaimer of liability or denial of insurance coverage for such revived
    14  claim  or  cause of action to the insured within one hundred twenty days
    15  after the insurer has received actual notice of such revived civil claim
    16  or cause of action.
    17    § 2. This act shall take effect immediately and be  deemed  to  be  in
    18  full force and effect on the same date and in the same manner as section
    19  3  of  chapter  11  of the laws of 2019, and shall apply to all policies
    20  entered into on or before such date.


         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13332-03-9