Bill Text: NY S07048 | 2023-2024 | General Assembly | Introduced
Bill Title: Provides that when a flood event not covered under a policy or specifically excluded is a contributing factor in or occurs simultaneously as a covered event or peril, the insurer shall not deny or exclude coverage for the loss or damage caused by the covered event or peril.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-01-03 - REFERRED TO INSURANCE [S07048 Detail]
Download: New_York-2023-S07048-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 7048 2023-2024 Regular Sessions IN SENATE May 17, 2023 ___________ Introduced by Sen. BRESLIN -- 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 anti-concurrent causa- tion clauses The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The insurance law is amended by adding a new section 3462 2 to read as follows: 3 § 3462. Anti-concurrent causation clauses. (a) When a flood event not 4 covered under a policy or specifically excluded under a policy is a 5 contributing factor in or occurs simultaneously as a covered event or 6 peril, the insurer shall not deny or exclude coverage for the loss or 7 damage caused by the covered event or peril. However, nothing shall 8 obligate the insurer to pay for any loss or damage caused by the flood 9 event that is not covered or is excluded. 10 (b) If an insurer issues a policy that includes a provision that 11 allows the insurer to determine whether loss or damage caused by a 12 covered peril may or may not be covered partially or wholly based upon 13 whether a peril that is excluded or not covered under the policy was the 14 proximate or remote cause of the covered loss or damage, the insurer 15 must clearly state in the policy: (1) which peril excluded or not 16 covered under the policy must cause, proximately or remotely, the 17 covered peril or perils; and (2) in each specific instance, whether the 18 causation must be proximate or remote to result in a limitation in 19 coverage. The insurer must disclose this provision to the policyholder 20 prior to the sale or purchase of the policy. 21 § 2. This act shall take effect immediately and shall apply to all 22 policies issued or renewed after such effective date. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD11497-01-3
