New York 2025-2026 Regular Session

New York Senate Bill S03673

Introduced
1/29/25  
Refer
1/29/25  

Caption

Provides that an insurer doing business in this state shall be liable to a policy holder for such insurer's refusal to pay or unreasonable delay of payment to the policy holder if such refusal or delay was not substantially justified; enumerates instances whereby an insurer's refusal or delay of payment is not substantially justified including intentional negligence, failure to act in good faith, failure to provide written denial of claim, failure to make final determination of claim within six months, and failure to promptly proceed with the appraisal process.

Summary

Bill S03673 seeks to amend the insurance law in New York by introducing a new section that establishes civil remedies for policyholders against insurers that refuse to pay claims or unreasonably delay payment without substantial justification. The bill outlines specific instances where an insurer's actions would be considered unjustified, such as failing to provide accurate information about policy provisions, not settling claims in good faith, and not issuing timely written denials of claims. Additionally, it allows policyholders to recover not only the amounts due under their policies but also compensatory and punitive damages under certain conditions.

Impact

If enacted, this bill would significantly impact the operations of insurance companies in New York by imposing stricter standards for claim settlement practices. Insurers would be held liable for damages if they fail to comply with the outlined requirements, potentially leading to increased costs for insurers and possibly higher premiums for policyholders. The bill also establishes a process for policyholders to file civil remedy notices, which could lead to more claims being brought against insurers for unfair practices.

Sentiment

The sentiment surrounding Bill S03673 appears to be cautiously supportive among consumer advocacy groups, who view it as a necessary measure to protect policyholders from unfair treatment by insurers. However, there are concerns from insurance industry representatives about the potential for increased litigation and the financial burden it may impose on insurers, which could ultimately affect policy costs for consumers.

Contention

Notable points of contention include the balance between protecting consumers and the potential for increased litigation against insurers. Supporters argue that the bill is essential for holding insurers accountable, while opponents express concerns that it may lead to frivolous lawsuits and increased operational costs for insurance companies. The insurance industry is particularly vocal about the potential negative implications for policy pricing and availability.

Companion Bills

NY A07102

Same As Provides that an insurer doing business in this state shall be liable to a policy holder for such insurer's refusal to pay or unreasonable delay of payment to the policy holder if such refusal or delay was not substantially justified; enumerates instances whereby an insurer's refusal or delay of payment is not substantially justified including intentional negligence, failure to act in good faith, failure to provide written denial of claim, failure to make final determination of claim within six months, and failure to promptly proceed with the appraisal process.

Previously Filed As

NY A01119

Provides that an insurer doing business in this state shall be liable to a policy holder for such insurer's refusal to pay or unreasonable delay of payment to the policy holder if such refusal or delay was not substantially justified; enumerates instances whereby an insurer's refusal or delay of payment is not substantially justified including intentional negligence, failure to act in good faith, failure to provide written denial of claim, failure to make final determination of claim within six months, and failure to promptly proceed with the appraisal process.

NY S02487

Provides that an insurer doing business in this state shall be liable to a policy holder for such insurer's refusal to pay or unreasonable delay of payment to the policy holder if such refusal or delay was not substantially justified; enumerates instances whereby an insurer's refusal or delay of payment is not substantially justified including intentional negligence, failure to act in good faith, failure to provide written denial of claim, failure to make final determination of claim within six months, and failure to promptly proceed with the appraisal process.

NY A07102

Provides that an insurer doing business in this state shall be liable to a policy holder for such insurer's refusal to pay or unreasonable delay of payment to the policy holder if such refusal or delay was not substantially justified; enumerates instances whereby an insurer's refusal or delay of payment is not substantially justified including intentional negligence, failure to act in good faith, failure to provide written denial of claim, failure to make final determination of claim within six months, and failure to promptly proceed with the appraisal process.

NY A06010

Relates to claim settlement practices when an insurer refuses to pay or is delaying payment of a settlement; provides a policyholder a private right of action against such insurer doing business in the state who has refused or delayed payment of an insurance claim.

NY S00166

Relates to claim settlement practices when an insurer refuses to pay or is delaying payment of a settlement; provides a policyholder a private right of action against such insurer doing business in the state who has refused or delayed payment of an insurance claim.

NY S01797

Relates to claim settlement practices when an insurer refuses to pay or is delaying payment of a settlement; provides a policyholder a private right of action against such insurer doing business in the state who has refused or delayed payment of an insurance claim.

NY S02814

Provides that payment of interest penalty and attorney fees to claimant when payment of a claim is overdue shall be exclusive remedy when insurer fails to make timely payment; provides such failure of insurer to make timely payment or issue denial within 30 days after proof of claim has been submitted to insurer shall not preclude such insurer from issuing a denial or asserting a defense after the 30 day period has elapsed.

NY S05343

Provides that payment of interest penalty and attorney fees to claimant when payment of a claim is overdue shall be exclusive remedy when insurer fails to make timely payment; provides such failure of insurer to make timely payment or issue denial within 30 days after proof of claim has been submitted to insurer shall not preclude such insurer from issuing a denial or asserting a defense after the 30 day period has elapsed.

NY S2461

Prohibits dental insurers from refusing to honor directions to pay from insured, modifying benefits to be paid. Requires providers to accept payment by virtual credit card as unfair claims practices.

NY H7113

Prohibits dental insurers from refusing to honor directions to pay from insured, modifying benefits to be paid. Requires providers to accept payment by virtual credit card as unfair claims practices.

Similar Bills

No similar bills found.