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A03817 Summary:

BILL NOA03817
 
SAME ASSAME AS S06568
 
SPONSORWeprin
 
COSPNSR
 
MLTSPNSR
 
Add §3428-a, Ins L
 
Establishes the construction insurance notification act (CINA) requiring notification of governmental agencies and departments when certain construction insurance policies have lapsed or been canceled.
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A03817 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          3817
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 30, 2025
                                       ___________
 
        Introduced by M. of A. WEPRIN -- read once and referred to the Committee
          on Insurance
 
        AN ACT to amend the insurance law, in relation to requiring notification
          of  governmental  agencies  and  departments when certain construction
          insurance policies have lapsed or been canceled

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  This  act  shall  be  known  and  may  be  cited  as  the
     2  "construction insurance notification act (CINA)".
     3    § 2. The insurance law is amended by adding a new  section  3428-a  to
     4  read as follows:
     5    §  3428-a.  Cancellation  of  construction  contracts; notification to
     6  governments that issue  building  permits.  (a)  Every  insurer  issuing
     7  contracts of insurance or policies covering activities within this state
     8  shall make an inquiry of all applicants for insurance contracts or poli-
     9  cies  to  determine whether the purchase of the contract of insurance or
    10  policy is intended to be submitted to any governmental agency or depart-
    11  ment in order to obtain a New York state or local government permit  for
    12  the  erection,  demolition,  repairing,  altering, painting, cleaning or
    13  pointing of a building, structure or edifice. If the inquiry is answered
    14  in the affirmative, the applicant shall provide the name,  address,  and
    15  website of such governmental department or agency. The truth and accura-
    16  cy of information provided in every application for such insurance shall
    17  be sworn to or affirmed by the applicant.
    18    (b) Every insurer that has issued a contract of insurance or policy to
    19  an insured who in accordance with subsection (a) of this section answers
    20  in the affirmative shall notify the governmental agency or department if
    21  the  policy  or  contract  of  insurance has lapsed or has been canceled
    22  within the policy period. Such notice shall be given within ten days  of
    23  the  lapse  or cancellation. Compliance is satisfied where timely notice
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07824-01-5

        A. 3817                             2
 
     1  is given in writing or electronically to the governmental department  or
     2  agency identified in the insured's application for insurance.
     3    (c)  The  failure to timely provide notice required by this section to
     4  the governmental department or agency shall  result  in  the  lapsed  or
     5  canceled  policy  remaining in full force and effect for the term of the
     6  contract of insurance or policy.
     7    § 3. This act shall take effect on the ninetieth day  after  it  shall
     8  have become a law.
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