New legislation passed by the New York Assembly—and moving towards the Senate—may change the way storm claims are processed in the state, possibly forcing insurers to cover flood damage from the next storm.
Bill A 7455A outlaws anti-concurrent causation relating to flood, which would allow homeowners to receive payment for water or flood damage to a structure if they prove the water was let in due to previous wind or fire damage, said lawyers at Anderson Kill's 17th Annual Policyholder Advisor Conference in New York City.
"If anti-concurrent causation is ruled to not apply in New York State, it could mean billions of dollars paid to claimants," said Finley Harckham, a senior litigator and executive committee member for Anderson Kill. "It would apply to many claims such as we saw in Louisiana and Mississippi, where people's roofs were blown off, exposing their property to torrential rain."
A second bill, A 5780, establishes a private right of action for unfair insurance settlement practices relating to claims for loss or injury in an area that was declared a disaster emergency.
"There are currently no effective private bad-faith laws for New York corporations, and this bill may turn that around," said Harckham. He and a fellow presenter brought up a Con Edison transformer explosion that occurred during Sandy, plunging lower and upper Manhattan into darkness.
Although the explosion was caught on video and uploaded to the internet, the utility contested that the incident was actually an electric shutdown. Local policyholders were lucky to be located next to Trump property, with the clout to challenge the argument.
Two complementary pieces of legislation in the assembly establish a shortened length of time in which insurers can settle or dispute a claim, respectively.
According to Anderson Kill shareholder Dennis Artese, A 1092A gives insurers 15 days, with the possibility of one 15-day extension, to announce acceptance or rejection of a claim, and then gives them three days to send payment.
The second bill expedites actions involving insurance claims for damages resulting from a state disaster emergency: any action involving an insurance claim for damages occurring to property in a disaster area must be announced within thirty days after filing the initial request for court intervention, and all discovery, (identification and reporting of losses) must be completed within sixty days from the date of the first hearing. Insurers will also enter into a mandatory settlement conference within fourteen days after a note of issue has been filed for settlement of claims.
"The new laws would not apply retroactively to Sandy victims, but it would help a lot of policyholders when the next storm hits," said Harckham.
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