Bill Text: NY S01196 | 2019-2020 | General Assembly | Introduced


Bill Title: Relates to artificially deflating or otherwise lowering cost data used for adjusted claims, or using cost data that is not appropriate for the region of the state where the loss occurred.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2019-08-29 - SIGNED CHAP.197 [S01196 Detail]

Download: New_York-2019-S01196-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          1196
                               2019-2020 Regular Sessions
                    IN SENATE
                                    January 11, 2019
                                       ___________
        Introduced  by  Sen. BRESLIN -- read twice and ordered printed, and when
          printed to be committed to the Committee on Rules
        AN ACT to amend the insurance law, in relation to requiring out-of-state
          insurance adjusters employed to  appraise  in-state  property  damages
          arising from emergency situations to employ established rates used for
          appraisal by in-state insurance adjusters
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Subsection (n) of section 2108 of  the  insurance  law,  as
     2  amended  by  a  chapter  of  the laws of 2018 amending the insurance law
     3  relating to  requiring  out-of-state  insurance  adjusters  employed  to
     4  appraise  in-state property damages arising from emergency situations to
     5  employ established rates used for appraisal by in-state insurance adjus-
     6  ters, as proposed in legislative bills numbers S. 2746 and  A.  808,  is
     7  amended to read as follows:
     8    (n)  Notwithstanding  the  provisions of this section, the superinten-
     9  dent, in order to facilitate the settlement of  claims  under  insurance
    10  contracts  involving widespread property losses arising out of a confla-
    11  gration or catastrophe common to all such losses, may issue a  temporary
    12  permit  for  a term not exceeding one hundred twenty days to any person,
    13  whether he be a resident of this state or a non-resident, to act  as  an
    14  independent  adjuster  on  behalf  of an authorized insurer or insurers,
    15  provided any such insurer shall execute and file in the  office  of  the
    16  superintendent  a  written  application  for  the  permit  in  the  form
    17  prescribed by the superintendent, which application shall  contain  such
    18  information  as  he  may require and shall certify that the person named
    19  therein to be designated in the temporary permit is qualified by experi-
    20  ence and training to adjust claims  arising  under  insurance  contracts
    21  issued  by  any  insurer [and that such person shall adjust claims using
    22  cost data appropriate for the region of the state where such  person  is
    23  adjusting  claims].  The superintendent may in his discretion renew such
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07030-01-9

        S. 1196                             2
     1  permit for an additional term or terms as may  be  necessary  to  adjust
     2  such  claims.    [A  person  issued  a temporary permit pursuant to this
     3  subsection shall utilize cost data that is appropriate for the region of
     4  the state where such person is adjusting claims.]
     5    §  2.  This  act  shall  take  effect on the same date and in the same
     6  manner as a chapter of the laws  of  2018  amending  the  insurance  law
     7  relating  to  requiring  out-of-state  insurance  adjusters  employed to
     8  appraise in-state property damages arising from emergency situations  to
     9  employ established rates used for appraisal by in-state insurance adjus-
    10  ters, as proposed in legislative bills numbers S. 2746 and A. 808, takes
    11  effect.
feedback