Relates to notice of disclaimer of liability for certain revived causes of action; provides such notice shall occur within 120 days after the insurer has received actual notice of such revived claim or cause of action.
STATE OF NEW YORK
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2816
2023-2024 Regular Sessions
IN SENATE
January 24, 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 notice of disclaimer
of liability for certain revived causes of action
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraph 2 of subsection (d) of section 3420 of the insur-
2 ance law, as amended by chapter 388 of the laws of 2008, is amended to
3 read as follows:
4 (2) If under a liability policy issued or delivered in this state, an
5 insurer shall disclaim liability or deny coverage for death or bodily
6 injury arising out of a motor vehicle accident or any other type of
7 accident occurring within this state, it shall give written notice as
8 soon as is reasonably possible of such disclaimer of liability or denial
9 of coverage to the insured and the injured person or any other claimant.
10 Provided, however, that with regard to any civil claim or cause of
11 action revived pursuant to section two hundred fourteen-g of the civil
12 practice law and rules, an insurer shall give written notice of a
13 disclaimer of liability or denial of insurance coverage for such revived
14 claim or cause of action to the insured within one hundred twenty days
15 after the insurer has received actual notice of such revived civil claim
16 or cause of action.
17 § 2. This act shall take effect immediately and be deemed to be in
18 full force and effect on the same date and in the same manner as section
19 3 of chapter 11 of the laws of 2019, as amended, and shall apply to all
20 policies entered into on or before such date.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05878-01-3
