A00908 Summary:

BILL NO    A00908A

SAME AS    SAME AS S05183-A

SPONSOR    Weprin (MS)

COSPNSR    

MLTSPNSR   Brook-Krasny, Cook, Ortiz, Perry, Weisenberg

Add S2616, amd SS2108, 2110 & 2132, Ins L

Relates to claims for loss or damage to real property; creates continuing
education requirements for licensed persons and qualifications for public and
independent adjusters; allows for a revocation of licenses with an opportunity
to reapply for such licenses.
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A00908 Actions:

BILL NO    A00908A

01/09/2013 referred to insurance
04/30/2013 reported referred to codes
05/07/2013 reported 
05/09/2013 advanced to third reading cal.294
01/08/2014 referred to insurance
05/20/2014 amend and recommit to insurance
05/20/2014 print number 908a
05/29/2014 reported referred to codes
06/03/2014 reported referred to rules
06/09/2014 reported 
06/09/2014 rules report cal.47
06/09/2014 ordered to third reading rules cal.47
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A00908 Text:

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                        908--A

                              2013-2014 Regular Sessions

                                 I N  A S S E M B L Y

                                      (PREFILED)

                                    January 9, 2013
                                      ___________

       Introduced  by  M.  of  A.  WEPRIN  --  Multi-Sponsored  by  -- M. of A.
         BROOK-KRASNY, COOK, ORTIZ, PERRY, WEISENBERG -- read once and referred
         to the Committee on Insurance  --  recommitted  to  the  Committee  on
         Insurance  in  accordance  with  Assembly  Rule 3, sec. 2 -- committee
         discharged, bill amended, ordered reprinted as amended and recommitted
         to said committee

       AN ACT to amend the insurance law, in relation to  claims  for  loss  or
         damage to real property, continuing education for licensed persons and
         qualifications for independent adjusters

         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  2616
    2  to read as follows:
    3    S 2616. CLAIMS FOR LOSS OR DAMAGE TO REAL PROPERTY; REPAIRS. (A) WHEN-
    4  EVER  AN  INSURED  SUFFERS A LOSS OR DAMAGE TO REAL PROPERTY, NO INSURER
    5  PROVIDING COVERAGE THEREFOR SHALL REQUIRE THAT REPAIRS BE COMPLETED BY A
    6  PARTICULAR ENTITY OR INDIVIDUAL.
    7    (B) IN PROCESSING ANY SUCH CLAIM, THE INSURER SHALL NOT  RECOMMEND  OR
    8  SUGGEST  REPAIRS  BE  MADE  BY  A PARTICULAR ENTITY OR INDIVIDUAL UNLESS
    9  EXPRESSLY REQUESTED BY THE INSURED, IN  WHICH  CASE  THE  INSURER  SHALL
   10  DISCLOSE  TO  THE INSURED WHETHER THE INSURER HAS A CONTROLLING OR BUSI-
   11  NESS INTEREST IN ANY ENTITY OR INDIVIDUAL THAT THE INSURER RECOMMENDS OR
   12  SUGGESTS.
   13    S 2. Paragraph 1 of subsection (f) of section 2108  of  the  insurance
   14  law is amended to read as follows:
   15    (1)  The  superintendent shall, in order to determine the trustworthi-
   16  ness and competency to act as an independent adjuster of each individual
   17  applicant for such license, and of each proposed sub-licensee, except in
   18  the case of a renewal license, require every such individual to take and
   19  pass, to the satisfaction of  the  superintendent,  a  personal  written

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD03815-02-4
       A. 908--A                           2

    1  examination.    AN  INDIVIDUAL SHALL NOT BE DEEMED QUALIFIED TO TAKE THE
    2  EXAMINATION WITHOUT HAVING DEMONSTRATED BY EVIDENCE SATISFACTORY TO  THE
    3  SUPERINTENDENT   THAT:   (A)  THE  INDIVIDUAL  POSSESSES  A  MINIMUM  OF
    4  ONE-YEAR'S  EXPERIENCE  IN  THE  INSURANCE BUSINESS, WITH INVOLVEMENT IN
    5  SALES, UNDERWRITING, CLAIMS, OR OTHER EXPERIENCE  CONSIDERED  SUFFICIENT
    6  BY  THE  SUPERINTENDENT;  OR  (B)  THE INDIVIDUAL SUCCESSFULLY COMPLETED
    7  FORTY HOURS OF FORMAL TRAINING IN A COURSE, PROGRAM OF  INSTRUCTION,  OR
    8  SEMINARS   APPROVED   BY  THE  SUPERINTENDENT.  The  superintendent  may
    9  prescribe the types of written examinations according  to  the  kind  or
   10  kinds  of  insurance claims [which] THAT the applicant is to be licensed
   11  to investigate and adjust.
   12    S 3. Subsection (r) of section 2108 of the insurance law, as added  by
   13  chapter 264 of the laws of 1998, is amended to read as follows:
   14    (r) (1) The following continuing education requirements shall apply to
   15  resident  and  non-resident  persons  licensed  as public OR INDEPENDENT
   16  adjusters.
   17    (2) Resident and non-resident persons licensed as public OR  INDEPEND-
   18  ENT  adjusters  and  any person previously so licensed whose license was
   19  not in effect on the effective date  of  this  subsection  and  who  has
   20  subsequently been relicensed pursuant to the provisions of this article,
   21  shall biennially satisfactorily complete such courses or programs as may
   22  be approved by the superintendent, as follows:
   23    (A)  Any  person holding a license as a public OR INDEPENDENT adjuster
   24  shall,  during  each  full  biennial  licensing  period,  satisfactorily
   25  complete courses or programs of instruction or attend seminars as may be
   26  approved  by  the  superintendent  equivalent to fifteen credit hours of
   27  instruction.
   28    (B) During the same calendar year biennial licensing period, a  licen-
   29  see  may  use  accumulated  continuing  education  credits  to  meet the
   30  requirements of similar classes of licenses including  those  authorized
   31  by subsection (b) of section two thousand one hundred three, section two
   32  thousand  one  hundred  four,  section two thousand one hundred seven of
   33  this article with respect to general  insurance  consultants,  and  THIS
   34  section [two thousand one hundred eight of this article] with respect to
   35  public AND INDEPENDENT adjusters.
   36    (C)  Excess  credit  hours  accumulated  during any biennial licensing
   37  period shall not carry forward to the next biennial licensing period for
   38  that same class of license.
   39    (3) (A) The courses or programs of instruction successfully completed,
   40  which shall be deemed to meet the superintendent's standards for contin-
   41  uing education shall be:
   42    (i) Courses, programs of instruction or seminars, approved as to meth-
   43  od and content by the superintendent, covering portions of the principal
   44  branches of insurance related to the kinds of insurance covered  by  the
   45  public  OR  INDEPENDENT adjusting license, and given by a degree confer-
   46  ring college or university whose curriculum is registered with the state
   47  education department at the time the person takes  the  course,  whether
   48  such course be given as part of such curriculum or separately, or by any
   49  other  institution,  association,  trade  association  or insurer, which
   50  maintains equivalent standards of instruction and which shall have  been
   51  approved for such purpose by the superintendent.
   52    (ii)  Continuing education as required by the state in which a non-re-
   53  sident licensee resides and maintains an  office,  provided  the  super-
   54  intendent  deems  them  equivalent  to  New  York  continuing  education
   55  requirements. If the state in which the  non-resident  licensee  resides
   56  and maintains an office has no continuing education requirements, or the
       A. 908--A                           3

    1  superintendent  does not deem them equivalent, the licensee must satisfy
    2  New York continuing education requirements.
    3    (B)  The  number  of  credit  hours assigned to each of the courses or
    4  programs of instruction set forth in paragraph one  of  this  subsection
    5  shall be determined by the superintendent.
    6    (4)  A  person  who  teaches any approved course of instruction or who
    7  lectures at any approved seminar, and who is subject to these continuing
    8  education requirements shall be granted the same number of credit  hours
    9  as  would be granted to a person taking and successfully completing such
   10  course, seminar or program, provided that such  credit  hours  shall  be
   11  credited  only  once  per  approved course during any biennial licensing
   12  period.
   13    (5) Every person subject to these  continuing  education  requirements
   14  shall  furnish,  in  a  form satisfactory to the superintendent, written
   15  certification attesting to the course or programs of  instruction  taken
   16  and  successfully completed by such person, and executed by the sponsor-
   17  ing organization or its authorizing representative.
   18    (6) (A) Any person failing to  meet  applicable  continuing  education
   19  requirements shall not be eligible to renew the license.
   20    (B)  Any person whose license was not renewed shall not be eligible to
   21  become relicensed during  the next biennial licensing period until  that
   22  person  has  demonstrated to the satisfaction of the superintendent that
   23  continuing education requirements for the last biennial licensing period
   24  were met.
   25    (C) Any person whose license was not renewed pursuant to  subparagraph
   26  (A)  of  this paragraph, who accumulates sufficient credit hours for the
   27  prior licensing period to qualify for relicensing in the biennial period
   28  following such non-renewal, may not apply those same credit hours toward
   29  the continuing education requirements for the current biennial licensing
   30  period.
   31    (7) (A) Any entity eligible to provide continuing  education  courses,
   32  programs  of  instruction,  or  seminars  shall file for approval by the
   33  superintendent on a  biennial  basis,  to  conform  with  its  areas  of
   34  instruction, a provider organization application and a course submission
   35  application for each course, program, and seminar.
   36    (B)  The  provider organization application shall include the names of
   37  all instructors to be used during the contract period,  and  instructors
   38  may  be  added  during  the  period  by notifying the superintendent and
   39  paying the appropriate filing fee.
   40    (C) The completed applications shall be returned in a  timely  manner,
   41  as  specified  by the superintendent with a non-refundable filing fee of
   42  two hundred dollars per organization, fifty dollars per course, program,
   43  and seminar, and fifty dollars per instructor.
   44    (D) Approval of the application shall be  at  the  discretion  of  the
   45  superintendent.
   46    (8) Each licensee shall pay a biennial fee of ten dollars per license,
   47  for  continuing  education  certificate filing and recording charges, to
   48  the superintendent, or, at the direction of the superintendent, directly
   49  to an organization under contract to provide continuing education admin-
   50  istrative services.
   51    S 4. The opening paragraph of subsection (a) of section  2110  of  the
   52  insurance law, as amended by chapter 499 of the laws of 2009, is amended
   53  to read as follows:
   54    The  superintendent  may refuse to renew, revoke, or may suspend for a
   55  period the  superintendent  determines  the  license  of  any  insurance
   56  producer,  insurance  consultant, PUBLIC OR INDEPENDENT adjuster or life
       A. 908--A                           4

    1  settlement broker, if, after  notice  and  hearing,  the  superintendent
    2  determines that the licensee or any sub-licensee has:
    3    S  5.  Paragraph  2 of subsection (c) of section 2132 of the insurance
    4  law, as amended by chapter 264 of the laws of 1998, is amended  to  read
    5  as follows:
    6    (2)  During the same calendar year biennial licensing period, a licen-
    7  see may  use  accumulated  continuing  education  credits  to  meet  the
    8  requirements  of similar classes of licenses, as follows: (A) subsection
    9  (a) of section two thousand one hundred three and section  two  thousand
   10  one  hundred  seven  of  this  article  with  respect  to life insurance
   11  consultants; or (B) subsection (b) of section two thousand  one  hundred
   12  three,  section  two thousand one hundred four, section two thousand one
   13  hundred seven of this article with respect to general insurance consult-
   14  ants, and section two thousand one hundred eight of  this  article  with
   15  respect to public AND INDEPENDENT adjusters.
   16    S  6. This act shall take effect on the first of January next succeed-
   17  ing the date on which it shall have become a law.
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