New York S 9746: Clarifies who may sue an insurer for violations related to misrepresentations, misleading statements and incomplete comparisons

Status: AMENDED ON THIRD READING (T) 9746A (as of 2026-05-19)

State: New York · Session: 2025-2026 · Bill: S 9746

Sponsors: Jamaal Bailey, Jessica Scarcella-Spanton

Bill Text

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S09746 Summary:

BILL NOS09746A

&nbsp

SAME ASSAME AS A10443-A

&nbsp

SPONSORBAILEY

&nbsp

COSPNSRSCARCELLA-SPANTON

&nbsp

MLTSPNSR

&nbsp

Amd §4226, Ins L

&nbsp

Clarifies that residents of the state and any policyholder, contract holder, certificate holder, or beneficiary of a policy, contract, or certificate of life, accident and health insurance may sue an insurer for violations related to misrepresentations, misleading statements and incomplete comparisons.

Go to top S09746 Actions:

BILL NOS09746A

&nbsp

04/02/2026REFERRED TO INSURANCE

05/04/20261ST REPORT CAL.887

05/05/20262ND REPORT CAL.

05/06/2026ADVANCED TO THIRD READING 

05/19/2026AMENDED ON THIRD READING (T) 9746A

06/03/2026SUBSTITUTED BY A10443A

&nbspA10443 AMEND=A Weprin

&nbsp03/06/2026referred to insurance

&nbsp04/29/2026reported referred to codes

&nbsp05/05/2026reported 

&nbsp05/07/2026advanced to third reading cal.482

&nbsp05/11/2026amended on third reading (t) 10443a

&nbsp05/14/2026passed assembly

&nbsp05/14/2026delivered to senate

&nbsp05/14/2026REFERRED TO INSURANCE

&nbsp06/03/2026SUBSTITUTED FOR S9746A

&nbsp06/03/20263RD READING CAL.887

&nbsp06/03/2026PASSED SENATE

&nbsp06/03/2026RETURNED TO ASSEMBLY

Go to topS09746 Committee&nbspVotes:

Go to topS09746 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS09746 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 9746--A
 Cal. No. 887

 IN SENATE

 April 2, 2026
 ___________

 Introduced by Sens. BAILEY, SCARCELLA-SPANTON -- read twice and ordered
 printed, and when printed to be committed to the Committee on Insur-
 ance -- reported favorably from said committee, ordered to first and
 second report, ordered to a third reading, amended and ordered
 reprinted, retaining its place in the order of third reading

 AN ACT to amend the insurance law, in relation to clarifying the appli-
 cation of subsection (d) of section 4226 of such law

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Subsection (d) of section 4226 of the insurance law is
 2 amended to read as follows:
 3 (d) Any such insurer that knowingly violates any provision of this
 4 section, or knowingly receives any premium or other compensation in
 5 consequence of such violation shall, in addition to any other penalty
 6 provided in this chapter, be liable to a penalty in the amount of such
 7 premium or compensation, which penalty may be sued for and recovered by
 8 any [person] resident of this state and any policyholder, contract hold-
 9 er, certificate holder, or beneficiary of a policy, contract, or certif-
 10 icate subject to paragraph one of subsection (b) of section three thou-
 11 sand two hundred one of this chapter, aggrieved for [his] their own use
 12 and benefit, in accordance with the provisions of the civil practice law
 13 and rules.
 14 § 2. This act shall take effect immediately.

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD14975-05-6

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