What's happening
This bill requires insurers to notify policyholders within 120 days if they deny coverage for civil claims revived under section 214-g.
Why it matters
Gives policyholders more certainty. By requiring insurers to notify insured individuals within 120 days if they will not cover a revived civil claim, the bill helps policyholders understand their financial risk and plan accordingly, especially for claims that may be unexpected due to changes in the law.
Addresses claims revived under section 214-g. This section refers to the "look-back window" for certain past civil claims (notably related to child sexual abuse), meaning older claims can now be filed—this bill specifically ensures prompt notification from insurers about coverage for these revived cases.
Reduces disputes and delays. The clear 120-day notification deadline may help prevent drawn-out legal battles about whether or when an insurer properly denied a claim, leading to faster resolution for all parties involved.
Applies retroactively to existing policies. The new requirement covers all liability insurance policies in effect on or before the law’s effective date, ensuring that even long-standing policies must comply if a revived claim is made.
Albany, before your first meeting.
Every bill that moved yesterday, summarized in a sentence and ranked by impact. The Albany Scorecard follows on Sundays.
Free. Unsubscribe in one click. Want alerts on specific bills? Create an account.
Who cares
Headline styles
Deadline for Insurance Denials
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to insurance
- Print number 8298a
- Amend and recommit to insurance
- Referred to insurance
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Insurers Must Notify Denials
In Senate Committee · Insurance · Sponsor Neil D. Breslin
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
8298--A
2019-2020 Regular Sessions
IN ASSEMBLY
June 13, 2019
Introduced by M. of A. PRETLOW -- 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 notice of disclaimer of liability for certain revived causes of action
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Paragraph 2 of subsection (d) of section 3420 of the insurance law, as amended by chapter 388 of the laws of 2008, is amended to read as follows:
(2) If under a liability policy issued or delivered in this state, an insurer shall disclaim liability or deny coverage for death or bodily injury arising out of a motor vehicle accident or any other type of accident occurring within this state, it shall give written notice as soon as is reasonably possible of such disclaimer of liability or denial of coverage to the insured and the injured person or any other claimant. Provided, however, that with regard to any civil claim or cause of action revived pursuant to section two hundred fourteen-g of the civil practice law and rules, an insurer shall give written notice of a disclaimer of liability or denial of insurance coverage for such revived claim or cause of action to the insured within one hundred twenty days after the insurer has received actual notice of such revived civil claim or cause of action.
§ 2. This act shall take effect immediately and be deemed to be in full force and effect on the same date and in the same manner as section 3 of chapter 11 of the laws of 2019, and shall apply to all policies entered into on or before such date.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13332-02-9
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.