New York S 3673: Relates to unfair claim settlement practices

Bill Text

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 Speaker Carl E. Heastie

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S03673 Summary:

BILL NOS03673 

&nbsp

SAME ASSAME AS A07102

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SPONSORCOMRIE

&nbsp

COSPNSR

&nbsp

MLTSPNSR

&nbsp

Add §2601-a, Ins L

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Provides that an insurer doing business in this state shall be liable to a policy holder for such insurer's refusal to pay or unreasonable delay of payment to the policy holder if such refusal or delay was not substantially justified; enumerates instances whereby an insurer's refusal or delay of payment is not substantially justified including intentional negligence, failure to act in good faith, failure to provide written denial of claim, failure to make final determination of claim within six months, and failure to promptly proceed with the appraisal process.

Go to top S03673 Actions:

BILL NOS03673 

&nbsp

01/29/2025REFERRED TO INSURANCE

01/07/2026REFERRED TO INSURANCE

Go to topS03673 Committee&nbspVotes:

Go to topS03673 Floor&nbspVotes:

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

Go to topS03673 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 3673

 2025-2026 Regular Sessions

 IN SENATE

 January 29, 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 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. The insurance law is amended by adding a new section 2601-a
 2 to read as follows:
 3 § 2601-a. Unfair claim settlement practices; civil remedy. (a) An
 4 insurer doing business in this state shall be liable to the holder of a
 5 policy issued or renewed pursuant to article thirty-four of this chapter
 6 for damages as provided in this section upon such policy holder proving
 7 by a preponderance of the evidence that such insurer's refusal to pay or
 8 unreasonable delay in payment to the policy holder of amounts claimed to
 9 be due under a policy was not substantially justified. An insurer is
 10 not substantially justified in refusing to pay or in unreasonably delay-
 11 ing payment when the insurer:
 12 (1) intentionally, recklessly or by gross negligence failed to provide
 13 the policy holder with accurate information concerning policy provisions
 14 relating to the coverage at issue;
 15 (2) failed to effectuate in good faith a prompt, fair and equitable
 16 settlement of a claim submitted by such policy holder in which liability
 17 of such insurer to such policy holder was reasonably clear;
 18 (3) failed to provide a timely written denial of a policy holder's
 19 claim with a full and complete explanation of such denial, including
 20 references to specific policy provisions wherever possible;
 21 (4) failed to make a final determination and notify the policy holder
 22 in writing of its position on both liability for, and the insurer's
 23 valuation of, a claim within six months of the date on which it received
 24 actual or constructive notice of the loss upon which the claim is based;

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD05246-01-5

 S. 3673 2

 1 (5) failed to act in good faith by compelling the policy holder to
 2 institute suit to recover amounts due under its policy by offering
 3 substantially less than the amounts ultimately recovered in suit brought
 4 by such policy holder; or
 5 (6) failed to promptly proceed with the appraisal process once such
 6 has been demanded in any claim where coverage for a portion of the claim
 7 has been accepted by such insurer and a disagreement exists between the
 8 insured and the insurer with respect to the value of covered property or
 9 the amount, or extent of the covered loss.
 10 (b) Any policy holder who establishes liability pursuant to subsection
 11 (a) of this section shall be entitled to recover, in addition to amounts
 12 due under the policy, interest, costs, and disbursements, compensatory
 13 damages, consequential damages and reasonable attorneys' fees incurred
 14 by the policy holder from the date of the loss, in recovering monies due
 15 pursuant to the terms of the policy as well as punitive damages capped
 16 at two times the value of the cov