STATE OF NEW YORK
________________________________________________________________________
1196
2019-2020 Regular Sessions
IN SENATE
January 11, 2019
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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.