New York law
Insurance Disputes Laws in New York.
New York insurance law is governed by the Insurance Law and administered by the Department of Financial Services (DFS). New York recognizes a narrow common-law bad-faith tort — *Bi-Economy Market v. Harleysville Ins.* (2008) permits consequential damages for first-party bad faith. New York's "Safeguards for Consumers" (Insurance Law § 2601) prohibits unfair claims practices but provides no private cause of action — enforcement is by DFS. New York has no-fault PIP auto insurance with $50,000 basic coverage and a "serious injury" threshold for pain and suffering claims.
Last verified: 2026-04-17
State law
Key New York Statutes
Prohibits specified unfair claim settlement practices. Enforcement through DFS; NO private cause of action for violation alone (plaintiffs must rely on breach of contract and common-law bad faith).
Insured may recover consequential damages (beyond policy limits) for insurer's breach of good faith if damages were within reasonable contemplation at contract formation. NOT traditional bad-faith punitive damages.
All NY auto policies include Personal Injury Protection (PIP) covering basic medical, lost wages, and other economic losses up to $50,000 regardless of fault.
To sue for pain and suffering in auto cases, plaintiff must establish a "serious injury" — defined as death, dismemberment, significant disfigurement, fracture, loss of fetus, permanent loss of use of body organ/member/function/system, permanent consequential limitation, significant limitation, or 90/180 days of substantially all customary daily activities.
New York requires Supplementary Uninsured/Underinsured Motorist (SUM) coverage available; coverage requires excess SUM endorsement.
State law
Official Sources
Not Legal Advice
This page summarizes publicly available statutes and rules for informational purposes only. It does not constitute legal advice, and no attorney-client relationship is created by viewing this content. Laws change — always verify with the primary source or consult a licensed attorney in New York.
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