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NY A06010

Bill

Status

Introduced

2/25/2025

Primary Sponsor

Larinda Hooks

Click for details

Origin

Assembly

2025-2026 General Assembly

AI Summary

  • Creates the "Fair Insurance Settlement Practice Act (FISPA)" establishing 14 specific unfair claim settlement practices, including misrepresenting policy provisions, failing to promptly investigate claims, refusing to pay without reasonable investigation, and offering substantially less than amounts ultimately recovered in litigation

  • Grants policyholders a private right of action in supreme court to sue insurers for damages and equitable relief, including injunctions, for violations of the unfair settlement practices provisions

  • Requires claimants to send a written demand for relief to the insurer at least 30 days before filing a lawsuit, giving insurers an opportunity to make a settlement offer that could limit recovery if found reasonable by the court

  • Authorizes double damages plus costs and attorneys' fees when an insurer's unlawful practice is found to be willful and committed with intent to defraud

  • Prohibits insurers from requiring policyholders to waive their right to a jury trial for disputes arising from violations of this section, and bars insurers from refusing to issue or renew policies solely because a policyholder has filed a claim under this law

  • Takes effect 90 days after becoming law, with the jury trial waiver prohibition applying only to insurance contracts entered into after the effective date

Legislative Description

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.

Last Action

referred to insurance

1/7/2026

Committee Referrals

Insurance2/25/2025

Full Bill Text

No bill text available