S 5359: 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 ________________________________________________________________________ 5359 2025-2026 Regular Sessions  IN SENATE February 20, 2025 ___________ Introduced by Sen. COMRIE -- 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 shall apply to all 18 policies entered into on or before such date. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09484-01-5