Bill Text: NY A02286 | 2021-2022 | General Assembly | Introduced

New York Assembly Bill 2286 (Prior Session Legislation)

Introduced

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) 2022-01-05 - referred to insurance [A02286 Detail]

Download: New_York-2021-A02286-Introduced.html




                STATE OF NEW YORK
        ________________________________________________________________________

                                          2286

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                    January 14, 2021
                                       ___________

        Introduced  by M. of A. PRETLOW -- read once and referred to the Commit-
          tee 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:

     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.
                                                                   LBD00784-01-1