Bill Text: NY S07246 | 2017-2018 | General Assembly | Introduced


Bill Title: Creates a task force on disasters to examine how insurers who write policies that cover loss of or damage to real property, personal property or other liabilities for loss of, damage to, or injury to persons or property in the state respond to disasters.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced - Dead) 2018-01-05 - REFERRED TO INSURANCE [S07246 Detail]

Download: New_York-2017-S07246-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          7246
                    IN SENATE
                                     January 5, 2018
                                       ___________
        Introduced  by  Sen.  BROOKS -- read twice and ordered printed, and when
          printed to be committed to the Committee on Insurance
        AN ACT to amend the insurance law, in relation to creating a task  force
          on disasters
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. The insurance law is amended by adding a new section 215 to
     2  read as follows:
     3    § 215. Task force on disasters.  (a) There is hereby  created  a  task
     4  force  to  examine how insurers who write policies that cover loss of or
     5  damage to real property, personal property,  or  other  liabilities  for
     6  loss  of,  damage to, or injury to persons or property in New York state
     7  respond to disasters, in what ways state and local agencies such as  the
     8  department of financial services can assist in such response and whether
     9  policyholders and communities have adequate insurance.
    10    (b)  (1)  The task force shall consist of twenty-three members, one of
    11  whom shall be the superintendent or  his  or  her  designated  represen-
    12  tative,  six  of  whom  shall be appointed by the governor, five of whom
    13  shall be appointed by the governor based upon the recommendation of  the
    14  speaker of the assembly, five of whom shall be appointed by the governor
    15  based  upon the recommendation of the temporary president of the senate,
    16  three of whom shall be appointed by the governor based upon  the  recom-
    17  mendation  of  the  minority  leader  of the assembly, and three of whom
    18  shall be appointed by the governor based upon the recommendation of  the
    19  minority leader of the senate.
    20    (2) The appointees shall include representatives of the following:
    21    (A)  four  insurers who write policies that cover loss of or damage to
    22  real property, personal property, or  other  liabilities  for  loss  of,
    23  damage  to,  or injury to persons or property, including representatives
    24  from companies of varying sizes and locations and at least  one  insurer
    25  who writes for the national flood insurance program.
    26    (B)  ten  local  officials  who  respond to disasters and emergencies,
    27  including police officials, professional and volunteer fire and emergen-
    28  cy services personnel, and local officials responsible for  the  coordi-
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01156-04-7

        S. 7246                             2
     1  nation  of  emergency services and the locality's response to a disaster
     2  or emergency.  These appointments shall reflect the geographic diversity
     3  of the state and include representatives from  localities  with  varying
     4  population  densities.   These appointments shall also include represen-
     5  tatives from the following regions: New York city, Long Island, mid-Hud-
     6  son, capital  region,  north  country,  Mohawk  Valley,  Southern  tier,
     7  Central New York, Finger lakes, and Western New York.
     8    (C) two organizations that represent independent and public adjusters.
     9    (D) two non-profits that have experience with disaster relief.
    10    (E) two consumer advocacy groups.
    11    (F)  one  independent  insurance agent who obtains coverage for policy
    12  holders for loss of or damage to real property,  personal  property,  or
    13  other  liabilities for loss of, damage to, or injury to persons or prop-
    14  erty.
    15    (3) Recommendations and appointments shall take into consideration the
    16  expertise of other appointees, so that the task force reflects a  diver-
    17  sity of experience.
    18    (4)  The members of the task force shall not receive compensation, but
    19  shall be reimbursed for reasonable travel expenses.
    20    (c) The superintendent, or his or her designated representative, shall
    21  serve as the chair of the task force.
    22    (d) The task force shall report to the governor, the  speaker  of  the
    23  assembly,  the  temporary  president of the senate, and the chair of the
    24  assembly insurance committee and  the  chair  of  the  senate  insurance
    25  committee on the results of its examination one year after the effective
    26  date of this section.  The report shall include information on the chal-
    27  lenges  that  insurers face when responding to a disaster, possible ways
    28  for insurers to work better with community stakeholders and state  agen-
    29  cies to facilitate timely claims investigation and processing, suggested
    30  legislation  to  address,  issues  identified by the task force, and any
    31  other information the superintendent deems relevant.
    32    (e) In completing its task, the task force will consider the following
    33  issues, as well as any other issue that it deems relevant:
    34    (1) Steps insurers currently take in order to respond to  disaster-re-
    35  lated claims in a timely fashion;
    36    (2) Challenges insurers experience when responding to disasters;
    37    (3)  Steps insurers currently take to adequately assess damage so that
    38  homeowners and municipalities can remove debris and make repairs  quick-
    39  ly;
    40    (4) Additional steps insurers and state and local agencies can take to
    41  better respond to the needs of communities and policyholders affected by
    42  a disaster;
    43    (5)  Ways  insurers and state and local agencies can proactively reach
    44  out to policyholders and communities following a disaster;
    45    (6) Ways insurers assist  homeowners  and  businesses  affected  by  a
    46  disaster whose premiums are due;
    47    (7)  Steps  insurers  can  take  if  their employees are affected by a
    48  disaster in order to ensure that they  are  still  able  to  respond  to
    49  claims in a timely fashion;
    50    (8)  Whether  or  not  New  Yorkers  have adequate access to insurance
    51  coverage and if not, identifying what barriers exist  that  may  prevent
    52  people from purchasing adequate coverage;
    53    (9)  Identifying  measures  to  encourage homeowners and businesses to
    54  purchase flood insurance as needed;

        S. 7246                             3
     1    (10) Steps insurers take to prevent disputes with policyholders and to
     2  resolve those which do occur as well as additional  steps  insurers  can
     3  take;
     4    (11)  Legislative  actions  that  can  be  considered  to address such
     5  issues.
     6    § 2. This act shall take effect immediately.
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