Requires that in civil claims under the child victims act, adult survivors act, or a civil sex trafficking claim any insurer who may provide liability coverage for a claim shall, upon request from the claimant or claimant's attorney, provide information regarding each known policy of insurance; provides that a person bringing a civil claim in a sex trafficking case need not disclose their immigration status.
Impact
The enactment of S07789 would enhance the ability of survivors and claimants to obtain relevant information about insurance coverage linked to their claims, potentially aiding in the pursuit of justice and equitable compensation. By ensuring victims have access to insurer information, the bill aims to level the playing field in civil litigation, where survivors can often face significant barriers, including knowledge gaps regarding the resources available for their claims.
Summary
Bill S07789 introduces significant amendments to the insurance law and social services law in New York. It mandates that insurers involved in civil claims related to the Child Victims Act, the Adult Survivors Act, or sex trafficking must provide information on their liability coverage upon request from claimants or their attorneys. The bill emphasizes prompt disclosure, requiring insurers to respond to information requests within thirty days, thereby increasing transparency in insurance dealings related to claims of this nature.
Contention
While there are pressing concerns about victim access to insurance information, the bill also raises contentious issues regarding immigration status. S07789 includes a provision that persons bringing civil claims related to sex trafficking are not compelled to disclose their immigration status during proceedings. This aspect has sparked debate among legislators and stakeholders, as some argue that protections against revealing immigration status could complicate legal processes or alleviate accountability for wrongdoers.
Same As
Requires that in civil claims under the child victims act, adult survivors act, or a civil sex trafficking claim any insurer who may provide liability coverage for a claim shall, upon request from the claimant or claimant's attorney, provide information regarding each known policy of insurance; provides that a person bringing a civil claim in a sex trafficking case need not disclose their immigration status.
Provides that certain communications between a claimant's attorney or representative and an injured employee's treating provider or a claimant's medical consultant are not improper influence or an attempt to improperly influence.
Provides that certain communications between a claimant's attorney or representative and an injured employee's treating provider or a claimant's medical consultant are not improper influence or an attempt to improperly influence.
Requires that insurers providing no-fault coverage reimburse other insurers for the payment of claims to providers which should have been covered by a no-fault insurer.
Requires that insurers providing no-fault coverage reimburse other insurers for the payment of claims to providers which should have been covered by a no-fault insurer.
Requires that notice of initial determinations for unemployment benefits be provided to claimants within 30 days of such claimant furnishing all necessary documentation, and if the commissioner is unable to issue a determination within such time frame they shall inform the claimant of the new estimated time frame for the issuance of a determination.
Requires that notice of initial determinations for unemployment benefits be provided to claimants within 30 days of such claimant furnishing all necessary documentation, and if the commissioner is unable to issue a determination within such time frame they shall inform the claimant of the new estimated time frame for the issuance of a determination.
Allows approved claims of representatives for services rendered to a claimant in connection with an unemployment insurance claim to become a lien upon the benefit allowed; criminalizes certain violations relating to other forms of compensation in connection with an unemployment insurance claim; provides that a fee allowed shall be on a contingency basis and be equal to fifteen percent of the amount of the benefits to be paid to the claimant at the conclusion of services rendered.
Relates to an individual's right to request a hearing regarding an unemployment insurance benefits claim; provides such a hearing can be requested if benefits or a written notice of determination denying their claim are not received within thirty days of providing all required information.
Relates to an individual's right to request a hearing regarding an unemployment insurance benefits claim; provides such a hearing can be requested if benefits or a written notice of determination denying their claim are not received within thirty days of providing all required information.
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.