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N.Y. Ins. Law § 3407

Property insurance; proofs of loss; notice of loss

Applied in 3 court decisions — leading case Armstrong v. United Frontier Mut. Ins. Co. (2020)

Most recently applied in Picinich v. New York Cent. Mut. Fire Ins. Co. (May 2023)

2014-09-22

How often courts cite this section

20152020202310
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

§ 3407. Property insurance; proofs of loss; notice of loss. (a) The\nfailure of any person insured against loss or damage to property under\nany contract of insurance, issued or delivered in this state or covering\nproperty located in this state, to furnish proofs of loss to the insurer\nor insurers as specified in such contract shall not invalidate or\ndiminish any claim of such person insured under such contract, unless\nsuch insurer or insurers shall, after such loss or damage, give to such\ninsured a written notice that it or they desire proofs of loss to be\nfurnished by such insured to such insurer or insurers on a suitable\nblank form or forms. If the insured shall furnish proofs of loss within\nsixty days after the receipt of such notice and such form or forms, or\nwithin any longer period of time specified in such notice, such insured\nshall be deemed to have complied with the provisions of such contract of\ninsurance relating to the time within which proofs of loss are required.\nNeither the giving of such notice nor the furnishing of such blank form\nor forms by the insurer shall constitute a waiver of any stipulation or\ncondition of such contract, or an admission of liability thereunder.\n (b) If any contract of insurance issued or delivered in this state,\ncovering loss of or damage to property by fire provides that the insured\ngive immediate notice, in writing, to the insurer, of any loss or\ndamage, it shall be sufficient compliance if immediate written notice is\ngiven, by or on behalf of the insured, to any licensed agent of the\ninsurer in this state, with particulars sufficient to identify the\ninsured and the property insured under such contract and to notify the\ninsurer of the time and place of such loss or damage.\n

Official source: NYS Open Legislation (New York State Senate). Reproduced from public-domain New York statutes; confirm against the official source for the current text. Not legal advice.