Bill
Bill > A03889
NY A03889
NY A03889Requires a liability insurer that has an opportunity to settle a claim at or within the policy limits, and refuses to do so, to be liable for any verdict in excess of the insurance policy limits; prohibits the insurer from recovering such excess judgment from the insured.
summary
Introduced
01/30/2025
01/30/2025
In Committee
01/30/2025
01/30/2025
Crossed Over
Passed
Dead
Introduced Session
2025-2026 General Assembly
Bill Summary
AN ACT to amend the insurance law, in relation to requiring a liability insurer that has received an offer to settle a claim at or within the policy limits, and refuses to do so, to be liable for any verdict in excess of such policy limits
AI Summary
This bill amends the New York insurance law to establish new protections for insureds (policyholders) in liability insurance cases. Specifically, the bill requires that if a liability insurance company receives a settlement offer within its policy limits and chooses to reject that offer, and the case subsequently results in a legal verdict that exceeds those policy limits, the insurance company becomes fully responsible for paying the entire excess amount. Importantly, the bill also prohibits the insurance company from attempting to recover this excess judgment from the insured person, which means the policyholder would be shielded from financial liability beyond their original policy limits. This provision is designed to incentivize insurance companies to act in good faith during settlement negotiations and protect policyholders from potentially devastating financial consequences if a lawsuit judgment far exceeds their insurance coverage. The amendment would be added to Section 3420 of the New York insurance law and would take effect immediately upon passage.
Committee Categories
Business and Industry
Sponsors (3)
Last Action
referred to insurance (on 01/30/2025)
Official Document
bill text
bill summary
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bill summary
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bill summary
Document Type | Source Location |
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State Bill Page | https://www.nysenate.gov/legislation/bills/2025/A3889 |
BillText | https://assembly.state.ny.us/leg/?default_fld=&bn=A03889&term=2025&Summary=Y&Actions=Y&Text=Y&Committee%26nbspVotes=Y&Floor%26nbspVotes=Y#A03889 |
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