Provides that the attorney general may bring a civil action against a responsible party for recovery of certain costs and assessments arising from a climate disaster; provides that an insurer doing business in this state and the New York property insurance underwriting association who has suffered harm as a result of a climate disaster may bring a civil action against a responsible party.
Impact
The legislation can significantly affect how insurance claims related to climate disasters are handled in New York. Insurers that suffer losses due to climate disasters will be able to file civil suits against parties deemed responsible, potentially changing the landscape of accountability regarding climate change impacts. This law is expected to not only to facilitate financial recovery for affected parties but also to underscore the importance of addressing the climate crisis and the accountability of fossil fuel producers more directly.
Summary
S08585 aims to amend the New York insurance law with provisions for recovery related to climate disaster losses. Specifically, it authorizes the attorney general to initiate civil actions against responsible parties for damages incurred by climate-related events, such as floods, earthquakes, and other disasters influenced by climate change. The bill is designed to empower both the state and affected insurers or policyholders to recover costs associated with these disasters, ensuring that those responsible for the emissions contributing to climate change are held accountable for the damages caused.
Contention
While supporters view this bill as a vital step in protecting New Yorkers from the increasing costs and risks associated with climate disasters, critics may argue about its implications for the fossil fuel industry and the liability it could impose. The broad definition of 'responsible party' includes the large fossil fuel corporations that some contend face increased risk of litigation. Additionally, the bill lays out the parameters for civil actions without exempting responsible parties from legal accountability, which may stir debate on economic and environmental justice themes.
Same As
Provides that the attorney general may bring a civil action against a responsible party for recovery of certain costs and assessments arising from a climate disaster; provides that an insurer doing business in this state and the New York property insurance underwriting association who has suffered harm as a result of a climate disaster may bring a civil action against a responsible party.
Provides that the attorney general may bring a civil action against a responsible party for recovery of certain costs and assessments arising from a climate disaster; provides that an insurer doing business in this state and the New York property insurance underwriting association who has suffered harm as a result of a climate disaster may bring a civil action against a responsible party.
Creates legal cause of action for persons/insurers to recover losses resulting from climate disaster against petroleum product producers based upon strict liability for deceptive/false statements as to climate impacts.
Enacts into law components of legislation relating to disaster relief for extreme weather events in Central New York, long-term climate resilience property improvements, and insurance discounts for climate mitigation efforts; establishes the central New York extreme weather relief and resiliency grant program to provide grants to certain persons and entities that suffered damage from covered events (Part A); expands and strengthens the resilient and ready program by providing grants to homeowners impacted by extreme weather events and providing grants for long-term climate resilience improvements for snow and tornado-related weather hazards (Part B); establishes the central New York property/casualty insurance resiliency incentive program to facilitate property/casualty insurance discounts for mitigation efforts (Part C).
Enacts into law components of legislation relating to disaster relief for extreme weather events in Central New York, long-term climate resilience property improvements, and insurance discounts for climate mitigation efforts; establishes the central New York extreme weather relief and resiliency grant program to provide grants to certain persons and entities that suffered damage from covered events (Part A); expands and strengthens the resilient and ready program by providing grants to homeowners impacted by extreme weather events and providing grants for long-term climate resilience improvements for snow and tornado-related weather hazards (Part B); establishes the central New York property/casualty insurance resiliency incentive program to facilitate property/casualty insurance discounts for mitigation efforts (Part C).
Providing for a judicial forum for claims for damages stemming from climate disasters, extreme weather attributable to climate change and harms resulting from long-term changes to the climate system.
Creates a civil cause of action for any municipality that incurs extraordinary emergency response costs arising from a mass casualty event may bring a civil action in the superior court to recover such costs from a private property owner.