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.
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.
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.
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.