|
Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
|---|---|
| Jan 06, 2016 |
referred to insurance |
| Jan 22, 2015 |
referred to insurance |
Senate Bill S2351
2015-2016 Legislative Session
Sponsored By
(R, C, IP, RFM) Senate District
Archive: Last 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
2015-S2351 (ACTIVE) - Details
- Current Committee:
- Senate Insurance
- Law Section:
- Insurance Law
- Laws Affected:
- Add §3455, Ins L
- Versions Introduced in Other Legislative Sessions:
-
2013-2014:
S5581
2017-2018: S2810
2019-2020: S3500
2015-S2351 (ACTIVE) - Summary
Relates to anti-concurrent causation clauses; prohibits an insurer from denying or excluding coverage for any claim for loss or damage that would otherwise be covered by a policy solely because an event or peril not covered under the policy or specifically excluded under the policy was a contributing factor in such loss or damage or occurred simultaneously with the event or peril that was covered.
2015-S2351 (ACTIVE) - Sponsor Memo
BILL NUMBER:S2351
TITLE OF BILL: An act to amend the insurance law, in relation to
anti-concurrent causation clauses
SUMMARY OF PROVISIONS:
This bill would prohibit an insurance company from denying a claim
that would normally be covered under the policy solely because a
separate risk occurred at the same time or contributed to the loss but
was not covered under the policy or was specifically excluded.
JUSTIFICATION:
An anti-concurrent causation clause is a provision contained in many
homeowners policies that states that if a loss is caused by two or
more perils, one that is covered by the policy and one that is
excluded, then the loss is excluded, regardless of which peril is the
primary cause or whether the perils occurred concurrently or in a
sequence. For example, if a policy covers wind damage but not flood
damage, and both events happen at about the same time, then the damage
to the property will not be covered. When insurers that use
anti-concurrent causation clauses treat property damage as a single
loss triggered by multiple perils the result is a complete denial of
the claim. In the aftermath of Superstorm Sandy, many homeowners were
surprised when insurance companies denied their claims for perils that
2015-S2351 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
2351
2015-2016 Regular Sessions
I N S E N A T E
January 22, 2015
___________
Introduced by Sen. SEWARD -- 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:
Section 1. The insurance law is amended by adding a new section 3455
to read as follows:
S 3455. ANTI-CONCURRENT CAUSATION CLAUSES. AN INSURER SHALL NOT DENY
OR EXCLUDE COVERAGE FOR ANY CLAIM FOR LOSS OR DAMAGE THAT WOULD OTHER-
WISE BE COVERED BY A POLICY SOLELY BECAUSE AN EVENT OR PERIL NOT COVERED
UNDER THE POLICY OR SPECIFICALLY EXCLUDED UNDER THE POLICY WAS A
CONTRIBUTING FACTOR IN SUCH LOSS OR DAMAGE OR OCCURRED SIMULTANEOUSLY
WITH THE EVENT OR PERIL THAT WAS COVERED.
S 2. This act shall take effect immediately and shall apply to claims
made on or after such effective date.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06383-02-5
Comments
Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.
Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.
Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.