New York A 71: Relates to coverage for punitive damages and civil penalties

Bill Text

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A00071 Summary:

BILL NOA00071 

&nbsp

SAME ASNo Same As

&nbsp

SPONSORDinowitz

&nbsp

COSPNSRHunter, Clark

&nbsp

MLTSPNSR

&nbsp

Add §3423, Ins L

&nbsp

Permits a liability policy to provide coverage for punitive damages, civil penalties and other non-compensatory damages.

Go to top A00071 Actions:

BILL NOA00071 

&nbsp

01/08/2025referred to insurance

01/07/2026referred to insurance

Go to topA00071 Committee&nbspVotes:

Go to topA00071 Floor&nbspVotes:

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

Go to topA00071 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 71

 2025-2026 Regular Sessions

 IN ASSEMBLY

 (Prefiled)

 January 8, 2025
 ___________

 Introduced by M. of A. DINOWITZ, HUNTER -- read once and referred to the
 Committee on Insurance

 AN ACT to amend the insurance law, in relation to permitting certain
 liability policies to provide coverage for punitive damages and civil
 penalties

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

 1 Section 1. The insurance law is amended by adding a new section 3423
 2 to read as follows:
 3 § 3423. Punitive damages and civil penalties coverage. 1. An insurer
 4 may provide and an insured may purchase insurance against an award of
 5 punitive damages, or civil penalties, or other non-compensatory damages
 6 in any liability insurance policy except in a policy of personal lines
 7 insurance issued to a natural person for non-business purposes, or a
 8 commercial automobile liability insurance policy.
 9 2. Coverage may provide protection for vicarious liability resulting
 10 from the conduct of another, or when assessed against a party directly
 11 for gross negligence or reckless conduct. Coverage shall not apply where
 12 liability results from action that was intended to cause the resulting
 13 harm, damage or injury. Coverage shall apply only when expressly
 14 provided for by the insurance policy.
 15 3. This section shall apply prospectively to insurance policies with
 16 effective dates on or after the effective date of this section.
 17 § 2. This act shall take effect immediately.

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD00799-01-5

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