Bill Text: NY S03639 | 2019-2020 | General Assembly | Introduced

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Bill Title: Requires persons having claims under a life insurance policy to provide reasonable assistance to the insurer in obtaining information relating to misrepresentations made by the insured.

Spectrum: Slight Partisan Bill (Republican 2-1)

Status: (Vetoed) 2019-12-06 - VETOED MEMO.178 [S03639 Detail]

Download: New_York-2019-S03639-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          3639
                               2019-2020 Regular Sessions
                    IN SENATE
                                    February 11, 2019
                                       ___________
        Introduced  by  Sens.  BRESLIN, SEWARD, AKSHAR -- read twice and ordered
          printed, and when printed to be committed to the Committee  on  Insur-
          ance
        AN  ACT to amend the insurance law, in relation to representations by an
          insured
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  Subsection  (a)  of  section 3105 of the insurance law is
     2  amended to read as follows:
     3    (a) (1) A representation is a statement as to past  or  present  fact,
     4  made to the insurer by, or by the authority of, the applicant for insur-
     5  ance  or  the prospective insured, at or before the making of the insur-
     6  ance contract as an inducement to the  making  thereof.  A  misrepresen-
     7  tation is a false representation, and the facts misrepresented are those
     8  facts which make the representation false.
     9    (2) Any person having or claiming a right under a life insurance poli-
    10  cy  that  (A)  provides  a death benefit and (B) has been in force fewer
    11  than two years following the date of issue or the date of  reinstatement
    12  if  evidence  of  insurability  is  requested,  shall provide reasonable
    13  assistance to the insurer in  obtaining  the  necessary  information  to
    14  determine  whether  a  misrepresentation  was  made by the applicant for
    15  insurance or the prospective insured.
    16    § 2. This act shall take effect immediately.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09812-01-9