 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          7048
 
                               2023-2024 Regular Sessions
 
                    IN SENATE
 
                                      May 17, 2023
                                       ___________
 
        Introduced  by  Sen. BRESLIN -- 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 anti-concurrent causa-
          tion clauses
 
          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 3462
     2  to read as follows:
     3    § 3462. Anti-concurrent causation clauses. (a) When a flood event  not
     4  covered  under  a  policy  or  specifically excluded under a policy is a
     5  contributing factor in or occurs simultaneously as a  covered  event  or
     6  peril,  the  insurer  shall not deny or exclude coverage for the loss or
     7  damage caused by the covered event  or  peril.  However,  nothing  shall
     8  obligate  the  insurer to pay for any loss or damage caused by the flood
     9  event that is not covered or is excluded.
    10    (b) If an insurer issues a  policy  that  includes  a  provision  that
    11  allows  the  insurer  to  determine  whether  loss or damage caused by a
    12  covered peril may or may not be covered partially or wholly  based  upon
    13  whether a peril that is excluded or not covered under the policy was the
    14  proximate  or  remote  cause  of the covered loss or damage, the insurer
    15  must clearly state in the  policy:  (1)  which  peril  excluded  or  not
    16  covered  under  the  policy  must  cause,  proximately  or remotely, the
    17  covered peril or perils; and (2) in each specific instance, whether  the
    18  causation  must  be  proximate  or  remote  to result in a limitation in
    19  coverage.  The insurer must disclose this provision to the  policyholder
    20  prior to the sale or purchase of the policy.
    21    §  2.  This  act  shall take effect immediately and shall apply to all
    22  policies issued or renewed after such effective date.
 

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11497-01-3
Relates to anti-concurrent causation clauses

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Why It Matters
