New York S 5349: Restricts insurers from demanding intrusive personal, financial and tax information from insureds as a standard practice in ordinary theft claims

Bill Text

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S05349 Summary:

BILL NOS05349 

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SAME ASSAME AS A01450

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SPONSORCOMRIE

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COSPNSR

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MLTSPNSR

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Add §2619, Ins L

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Restricts insurers from demanding intrusive personal, financial and tax information from insureds as a standard practice in processing ordinary theft claims where no special circumstances warranting a demand for such information exists.

Go to top S05349 Actions:

BILL NOS05349 

&nbsp

02/20/2025REFERRED TO INSURANCE

01/07/2026REFERRED TO INSURANCE

Go to topS05349 Committee&nbspVotes:

Go to topS05349 Floor&nbspVotes:

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

Go to topS05349 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 5349

 2025-2026 Regular Sessions

 IN SENATE

 February 20, 2025
 ___________

 Introduced by Sen. COMRIE -- 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 restricting insurers
 from demanding intrusive personal, financial and tax information from
 insureds as a standard practice in processing ordinary theft claims

 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 2619
 2 to read as follows:
 3 § 2619. Intrusive requests for personal, financial and tax informa-
 4 tion; ordinary theft claims. (a) It shall be an unfair claim settlement
 5 act or practice under paragraphs three and four of subsection (a) of
 6 section two thousand six hundred one of this article for an insurer, in
 7 the course of investigating or settling a theft claim, to demand of its
 8 insured personal, financial and tax information unless special articula-
 9 ble circumstances have been discovered which directly relate to the
 10 particular individual facts of such theft and which warrant the making
 11 of such demand for the specific purpose of determining if such claim is
 12 fraudulent.
 13 (b) As used in this section, a demand for personal, financial and tax
 14 information is a demand that any of the following material or informa-
 15 tion be provided:
 16 (1) copies of the insured's personal and business tax returns;
 17 (2) permits or licenses which the insured holds in New York state
 18 other than those for operating a motor vehicle;
 19 (3) loan applications which the insured filed;
 20 (4) statement setting forth the county and state in which the insured
 21 has been registered to vote over a period of time, other than from their
 22 present residence;
 23 (5) copies of any bank statements of banks in which the insured has
 24 accounts;

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD03192-01-5

 S. 5349 2

 1 (6) copies of any "doing business as" certificates or certificates of
 2 incorporation for any business the insured owns; or
 3 (7) information or material of a similar personal, financial, tax or
 4 private nature which the superintendent by regulation finds to be intru-
 5 sive or which constitutes an unwarranted invasion of privacy in the
 6 context of a standard or ordinary theft claim.
 7 § 2. This act shall take effect on the first of January next succeed-
 8 ing the date on which it shall have become a law. Effective immediate-
 9 ly, the addition, amendment and/or repeal of any rules or regulations
 10 necessary for the implementation of the foregoing section of this act on
 11 its effective date are authorized to be made and completed on or before
 12 such effective date.

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