Senate Bill S4756A

Signed By Governor
2013-2014 Legislative Session

Relates to court ordered appraisals under fire insurance policies

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Sponsored By

Archive: Last Bill Status Via A9346 - Signed by Governor

  • 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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Votes

Bill Amendments

co-Sponsors

2013-S4756 - Details

See Assembly Version of this Bill:
A9346
Law Section:
Insurance Law
Laws Affected:
Amd §3408, Ins L

2013-S4756 - Summary

Relates to court ordered appraisals under fire insurance policies.

2013-S4756 - Sponsor Memo

2013-S4756 - Bill Text download pdf 

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

                                  4756

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             April 22, 2013
                               ___________

Introduced  by  Sen.  DeFRANCISCO -- 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  court  ordered
  appraisals under fire insurance policies

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

  Section 1. Subsection (c) of section 3408 of  the  insurance  law,  as
added by chapter 25 of the laws of 2010, is amended to read as follows:
  (c)  In  the  event  of a covered loss, whenever an insured or insurer
fails to proceed with an appraisal upon  demand  of  the  other,  either
party may apply to the court in the manner provided in subsection (a) of
this  section  for  an  order  directing  the  other to comply with such
demand. [If an] AN appraisal [is so ordered, it] shall [be limited to  a
determination of] DETERMINE THE actual cash value [and/or], THE replace-
ment  cost,  [or] the EXTENT OF THE LOSS OR DAMAGE AND THE amount of THE
loss OR DAMAGE which shall be determined as specified in the policy  and
shall  proceed  pursuant to the terms of the applicable appraisal clause
of the insurance policy and not as an arbitration.
  S 2. This act shall take effect immediately.





 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10442-01-3

co-Sponsors

2013-S4756A (ACTIVE) - Details

See Assembly Version of this Bill:
A9346
Law Section:
Insurance Law
Laws Affected:
Amd §3408, Ins L

2013-S4756A (ACTIVE) - Summary

Relates to court ordered appraisals under fire insurance policies.

2013-S4756A (ACTIVE) - Sponsor Memo

2013-S4756A (ACTIVE) - Bill Text download pdf 

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

                                 4756--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             April 22, 2013
                               ___________

Introduced  by  Sens.  DeFRANCISCO, AVELLA, LAVALLE, RANZENHOFER -- read
  twice and ordered printed, and when printed to  be  committed  to  the
  Committee on Insurance -- recommitted to the Committee on Insurance in
  accordance  with  Senate  Rule 6, sec. 8 -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee

AN  ACT  to  amend  the  insurance  law,  in  relation  to court ordered
  appraisals under fire insurance policies

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

  Section  1.  Subsection  (c)  of section 3408 of the insurance law, as
added by chapter 25 of the laws of 2010, is amended to read as follows:
  (c) In the event of a covered loss, whenever  an  insured  or  insurer
fails  to  proceed  with  an  appraisal upon demand of the other, either
party may apply to the court in the manner provided in subsection (a) of
this section for an order  directing  the  other  to  comply  with  such
demand.  [If an] AN appraisal [is so ordered, it] shall [be limited to a
determination of] DETERMINE THE actual cash value [and/or], THE replace-
ment cost, [or] the EXTENT OF THE LOSS OR DAMAGE AND THE amount  of  THE
loss  OR DAMAGE which shall be determined as specified in the policy and
shall proceed pursuant to the terms of the applicable  appraisal  clause
of  the insurance policy and not as an arbitration.  NOTWITHSTANDING THE
PROVISIONS OF THIS SUBSECTION, AN APPRAISAL SHALL NOT DETERMINE  WHETHER
THE  POLICY  ACTUALLY  PROVIDES  COVERAGE FOR ANY PORTION OF THE CLAIMED
LOSS OR DAMAGE.
  S 2. This act shall take effect immediately.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10442-02-4

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