Senate Bill S4041

2013-2014 Legislative Session

Relates to claims against insurers for petroleum spills

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Environmental Conservation 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

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2013-S4041 (ACTIVE) - Details

See Assembly Version of this Bill:
A3734
Current Committee:
Senate Environmental Conservation
Law Section:
Navigation Law
Laws Affected:
Amd §190, Nav L
Versions Introduced in 2011-2012 Legislative Session:
S6344, A7640

2013-S4041 (ACTIVE) - Summary

Relates to claims against insurers for petroleum spills.

2013-S4041 (ACTIVE) - Sponsor Memo

2013-S4041 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4041

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              March 5, 2013
                               ___________

Introduced  by Sen. GRISANTI -- (at request of the State Comptroller) --
  read twice and ordered printed, and when printed to  be  committed  to
  the Committee on Environmental Conservation

AN ACT to amend the navigation law, in relation to claims against insur-
  ers for petroleum spills

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 190 of the navigation law, as added by chapter  845
of the laws of 1977, is amended to read as follows:
  S 190. Claims against insurers. 1. Any claims for costs of cleanup and
removal,  civil  penalties  or  damages  by  the state and any claim for
damages by any injured person, may be brought directly against the bond,
the insurer, or any other person providing evidence of financial respon-
sibility.
  2. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, ALL  HOMEOWN-
ERS'  POLICIES  OF  INSURANCE  IN  THIS STATE WHICH SHALL INSURE AGAINST
DAMAGE TO PROPERTY SHALL CLEARLY PROVIDE THAT CLEANUP AND REMOVAL  COSTS
AND ALL DIRECT AND INDIRECT DAMAGES RELATING TO A DISCHARGE OF PETROLEUM
SHALL CONSTITUTE PROPERTY DAMAGE AND SHALL BE INSURABLE WITHIN THE MEAN-
ING OF THE GENERAL LIABILITY PORTIONS OF SUCH INSURANCE POLICY. THE RISK
OF DAMAGES CAUSED BY SUCH DISCHARGES MAY NOT BE AN EXCLUSION IN ANY SUCH
POLICY ISSUED IN THE STATE.
  3.  IN  ANY  CLAIM FOR COVERAGE OF THE COSTS AND DAMAGES RELATING TO A
DISCHARGE OF PETROLEUM, THE INSURER MAY RAISE  THE  AFFIRMATIVE  DEFENSE
THAT  THE INSURED HAD ACTUAL KNOWLEDGE OF A CONDITION WHICH A REASONABLE
PERSON WOULD HAVE UNDERSTOOD TO POSE AN IMMINENT RISK OF A DISCHARGE  OF
PETROLEUM  AND  THAT  THE  INSURED  FAILED  TO  TAKE REASONABLE STEPS TO
PREVENT THE DISCHARGE.
  4. INSURERS SHALL PROVIDE THE FOLLOWING NOTICE IN BOLD LETTERING OF AT
LEAST TWELVE POINT TYPE FONT IN EVERY HOMEOWNER'S POLICY,  NEWLY  ISSUED
OR RENEWED WHICH INSURES AGAINST DAMAGE TO PROPERTY:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02598-01-3
              

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