 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          9421
 
                    IN SENATE
 
                                      May 15, 2024
                                       ___________
 
        Introduced by Sen. BRESLIN -- (at request of the Department of Financial
          Services)  --  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 3416
     2  to read as follows:
     3    § 3416. Anti-concurrent causation clauses; water back up or discharge.
     4  (a) When an insurance policy provides coverage for loss of or damage  to
     5  property  resulting  from  water  or  water-borne material that backs up
     6  through sewers or drains, or overflows or is  discharged  from  a  sump,
     7  sump  pump,  or related equipment, the policy shall not exclude coverage
     8  for any loss of or damage to property resulting from  the  foregoing  on
     9  the ground that the loss or damage also may have been caused directly or
    10  indirectly  by  an  excluded  peril  contributing concurrently or in any
    11  sequence to cause the loss.
    12    (b) For the purpose of this section, "insurance policy" shall  mean  a
    13  policy  issued or issued for delivery in this state that provides cover-
    14  age for:  (1) loss of or damage to real property used predominately  for
    15  residential  purposes  and  that consists of not more than four dwelling
    16  units, other than hotels and  motels;  or  (2)  loss  of  or  damage  to
    17  personal  property  in which natural persons have an insurable interest,
    18  except personal property used in the conduct of business.
    19    § 2. This act shall take effect on the ninetieth day  after  it  shall
    20  have  become  a law and shall apply to all policies issued or renewed on
    21  or after such date.
 
 
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14166-01-4
Relates to anti-concurrent causation clauses

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