A05624 Summary:

BILL NOA05624
 
SAME ASNo Same As
 
SPONSORWeinstein (MS)
 
COSPNSRSeawright, Abinanti, Titus, Cusick, Colton, Taylor, Griffin
 
MLTSPNSRGlick, Perry
 
Amd 2601, Ins L
 
Establishes a private right of action for the insured for unfair insurance settlement practices when the claim relates to loss or injury in an area where the governor has declared a disaster emergency.
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A05624 Actions:

BILL NOA05624
 
02/14/2019referred to insurance
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A05624 Committee Votes:

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A05624 Floor Votes:

There are no votes for this bill in this legislative session.
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A05624 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          5624
 
                               2019-2020 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 14, 2019
                                       ___________
 
        Introduced  by  M.  of A. WEINSTEIN, SEAWRIGHT, ABINANTI, TITUS, CUSICK,
          COLTON, TAYLOR -- Multi-Sponsored by -- M. of A. GLICK, PERRY --  read
          once and referred to the Committee on Insurance
 
        AN ACT to amend the insurance law, in relation to establishing a private
          right of action for unfair claim settlement practices by an insurer

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Subsection (c) of section 2601  of  the  insurance  law  is
     2  amended and a new subsection (d) is added to read as follows:
     3    (c)  If it is found, after notice and an opportunity to be heard, that
     4  an insurer has violated this section,  each  instance  of  noncompliance
     5  with  subsection  (a) [hereof] of this section may be treated as a sepa-
     6  rate violation of this section  for  purposes  of  ordering  a  monetary
     7  penalty  pursuant  to subsection (b) of section one hundred nine of this
     8  chapter. A violation of this section shall not be a misdemeanor.
     9    (d) Where the governor has declared a disaster emergency  pursuant  to
    10  section  twenty-eight  of the executive law, in addition to the right of
    11  action granted to the department pursuant to this  section,  any  person
    12  who  has  suffered  loss  or  injury  by reason of any violation of this
    13  section relating to  an  insurance  claim  for  property  damage  in  an
    14  affected  area encompassed by the executive order declaring the disaster
    15  emergency may bring an action in his or her own name as a  plaintiff  to
    16  enjoin such unlawful act or practice and an action to recover his or her
    17  actual  damages.  The  court  may,  in  its  discretion,  award punitive
    18  damages, if the court finds that  the  defendant  insurer  willfully  or
    19  knowingly  violated  this section. The court may award reasonable attor-
    20  ney's fees to a prevailing plaintiff.
    21    § 2. This act shall take effect immediately.
 

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00890-01-9
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