New York A 6010: Relates to the New York state health care quality and cost containment commission

Bill Text

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A06010 Summary:

BILL NOA06010A

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SAME ASSAME AS S00166-A

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SPONSORHooks

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COSPNSRGonzalez-Rojas, Tapia, Taylor, Fall, Kassay, Bronson, Brabenec, Lasher, Kay, Glick, Steck, Burdick,
 Hyndman

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MLTSPNSRSimon

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Add §2601-a, amd §3425, Ins L

&nbsp

Relates to claim settlement practices when an insurer refuses to pay or is delaying payment of a settlement; provides a policyholder a private right of action against such insurer doing business in the state who has refused or delayed payment of an insurance claim.

Go to top A06010 Actions:

BILL NOA06010A

&nbsp

02/25/2025referred to insurance

05/15/2025amend and recommit to insurance

05/15/2025print number 6010a

01/07/2026referred to insurance

Go to topA06010 Committee&nbspVotes:

Go to topA06010 Floor&nbspVotes:

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

Go to topA06010 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 6010--A

 2025-2026 Regular Sessions

 IN ASSEMBLY

 February 25, 2025
 ___________

 Introduced by M. of A. HOOKS, GONZALEZ-ROJAS, TAPIA, TAYLOR, FALL,
 KASSAY -- read once and referred to the Committee on Insurance --
 committee discharged, bill amended, ordered reprinted as amended and
 recommitted to said committee

 AN ACT to amend the insurance law, in relation to unfair claim settle-
 ment practices

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

 1 Section 1. This act shall be known and may be cited as the "fair
 2 insurance settlement practice act (FISPA)".
 3 § 2. The insurance law is amended by adding a new section 2601-a to
 4 read as follows:
 5 § 2601-a. Unfair claim settlement practices. (a) Unfair claim settle-
 6 ment practices. For the purposes of this section, an unfair claims
 7 settlement practice shall consist of any of the following acts or omis-
 8 sions:
 9 (1) misrepresenting or omitting pertinent facts or insurance policy
 10 provisions relating to the coverage at issue, including but not limited
 11 to, in connection with litigation, failing to disclose all available
 12 coverage amounts in compliance with subdivision (f) of section thirty
 13 one hundred one of the civil practice law and rules;
 14 (2) failing to acknowledge and act reasonably promptly upon communi-
 15 cations with respect to claims arising under insurance policies;
 16 (3) failing to adopt and implement reasonable standards for the prompt
 17 investigation of claims arising under insurance policies;
 18 (4) refusing to pay claims without conducting a reasonable investi-
 19 gation based upon all available information;
 20 (5) failing to affirm or deny coverage of claims within a reasonable
 21 time after proof of loss statements have been completed;
 22 (6) failing to effectuate prompt, fair and equitable settlements of
 23 claims in which liability has become reasonably clear;

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD00680-03-5

 A. 6010--A 2

 1 (7) compelling insureds to institute litigation to recover amounts due
 2 under an insurance policy by offering substantially less than the
 3 amounts ultimately recovered in actions brought by such insureds;
 4 (8) attempting to settle a claim for less than the amount to which a
 5 reasonable person would have believed they were entitled by reference to
 6 written or printed advertising material accompanying or made part of an
 7 application;
 8 (9) attempting to settle claims on the basis of an application which
 9 was altered without notice to, or knowledge or consent of, the insured;
 10 (10) making claims payments to insured or beneficiaries not accompa-
 11 nied by a statement setting forth the coverage under which payments are
 12 being made;
 13 (11) making known to insured or claimants a policy of appealing from
 14 arbitration awards in favor of insureds or claimants for the purpose of
 15 compelling them to accept settlements of compromises less than the
 16 amount awarded in arbitration;
 17 (12) delaying the investigation or payment of claims by requiring that
 18 an insured or claimant, or the physician of either, submit a preliminary
 19 claim report and then requiring the subsequent submission of formal
 20 pro