BILL NO A03504
SAME AS No same as
Add S2351-a, Ins L
Requires insurers insuring property in floodplains to include damages done by
wave action or windblown waves and make available to all insureds who reside in
single family homes in a floodplain homeowners insurance covering such damage.
S T A T E O F N E W Y O R K
2013-2014 Regular Sessions
I N A S S E M B L Y
January 28, 2013
Introduced by M. of A. PRETLOW -- read once and referred to the Commit-
tee on Insurance
AN ACT to amend the insurance law, in relation to requiring floodplain
insurance to cover damages caused by waves
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 2351-a
2 to read as follows:
3 S 2351-A. FLOODPLAIN INSURANCE, WAVE DAMAGE. (A) ANY INSURER WHICH
4 INSURES PROPERTY IN A FLOODPLAIN SHALL MAKE AVAILABLE TO ALL INSUREDS
5 WHO RESIDE IN SINGLE FAMILY HOMES IN THE FLOODPLAIN COVERAGE UNDER THEIR
6 HOMEOWNERS' INSURANCE POLICY FOR DAMAGES CAUSED BY WINDBLOWN WAVES OR
7 WAVE ACTION. SUCH POLICIES SHALL COVER THE RESIDENCE AND ANY APPURTE-
8 NANCES THERETO, INCLUDING, BUT NOT LIMITED TO, GARAGES, BOAT DOCKS,
9 RESTRAINING WALLS, BOAT HOUSES, BREAK WALLS AND ANY OTHER DEVICE USED TO
10 PREVENT OR MINIMIZE WAVE OR WATER DAMAGE TO REAL PROPERTY.
11 (B) AS USED IN THIS SECTION, "WINDBLOWN WAVES" OR "WAVE ACTION" SHALL
12 MEAN THE CONDITION WHICH EXISTS WHEN A FLOODPLAIN AREA HAS HIGH WATER
13 CONDITIONS, EVEN THOUGH BELOW THE FLOODPLAIN LEVEL, AND THE WATER IS
14 STIRRED BY WIND OR OTHER CONDITIONS TO CAUSE WAVES WHICH CREST ABOVE
15 FLOODPLAIN LEVEL.
16 S 2. This act shall take effect on the ninetieth day after it shall
17 have become a law.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.