Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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Jan 08, 2014 |
referred to environmental conservation |
Mar 05, 2013 |
referred to environmental conservation |
Senate Bill S4041
2013-2014 Legislative Session
Sponsored By
(R, IP) Senate District
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
Actions
co-Sponsors
(D) Senate District
(D) Senate District
(D, WF) Senate District
(D, WF) 47th Senate District
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) - Sponsor Memo
BILL NUMBER:S4041 TITLE OF BILL: An act to amend the navigation law, in relation to claims against insurers for petroleum spills PURPOSE: To protect homeowners from the onerous costs related to the remediation of petroleum discharges on residential property. Unless the insurer prevails on the affirmative defense, the standard homeowner's insurance policy should cover the claim. SUMMARY OF PROVISIONS: Section 1 amends Section 190 of the Navigation Law to add the following provisions: (a) requires all homeowners' policies of insurance to cover the cleanup and removal costs and all direct and indirect damages relating to a discharge of petroleum; (b) establishes an affirmative defense against a claim for coverage of the costs and damages relating to a discharge of petroleum if 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; (c) requires insurers to provide notice in every homeowner's policy, newly issued or renewed which insures against damage to property that
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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