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A09272 Summary:

BILL NOA09272
 
SAME ASNo Same As
 
SPONSORHunter
 
COSPNSR
 
MLTSPNSR
 
Add Art 92 §§9201 - 9204, Ins L
 
Places limitations and requirements on the use of aerial images by insurers.
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A09272 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          9272
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                    November 21, 2025
                                       ___________
 
        Introduced by M. of A. HUNTER -- read once and referred to the Committee
          on Insurance
 
        AN  ACT  to  amend  the  insurance law, in relation to the use of aerial
          images by insurers
 
          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 article 92 to
     2  read as follows:
     3                                 ARTICLE 92
     4                            USE OF AERIAL IMAGES
     5  Section 9201. Legislative purpose.
     6          9202. Definitions.
     7          9203. Insurers' use of aerial images.
     8          9204. Rules.
     9    § 9201. Legislative purpose. The purpose of this article is  to  honor
    10  consumer's  traditional  rights with regard to property insurance in the
    11  face of advancing aerial technologies.
    12    § 9202. Definitions. As used in  this  article,  the  following  terms
    13  shall have the following meanings:
    14    (a)  "Aerial  image"  means  an  image  of  a named insured's property
    15  captured from an airborne platform.
    16    (b) "Non-renewal" means a termination of property  insurance  coverage
    17  that occurs at the end of the policy term.
    18    (c) "Renewal" means:
    19    (1)  the  issuance  and  delivery by an insurer at the end of a policy
    20  period of a policy superseding a policy previously issued and  delivered
    21  by the same insurer; or
    22    (2) the issuance and delivery of a certificate or notice extending the
    23  term of an existing policy beyond its policy period or term.
    24    §  9203.  Insurers' use of aerial images. When utilizing aerial images
    25  as part of its coverage determinations, an insurer shall:
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13852-02-5

        A. 9272                             2
 
     1    (a) Ensure that a non-renewal notice include  copies  of  date-stamped
     2  images of the property that show the specific conditions that are out of
     3  compliance with the insurer's underwriting guidelines and what steps the
     4  property  owner  can take to reverse the insurer's decision. Photos must
     5  have been taken within the past twelve months.
     6    (b)  Establish  a point of contact and a process for currently insured
     7  property owners to use to provide documentation  of  completion  of  the
     8  required  work  that the insurer communicates to the insured pursuant to
     9  subsection (a) of this section. Such documentation shall be used by  the
    10  insurer in considering whether to uphold or reverse the non-renewal.
    11    (c) Establish an appeal process so the consumer can correct any errors
    12  or misunderstandings related to the non-renewal.
    13    (d)  Provide  the  named  insured a time period consistent with notice
    14  requirements set forth in section three thousand  four  hundred  twenty-
    15  five of this chapter to cure the defects/conditions underlying a non-re-
    16  newal  from the date the insurer identifies the specific conditions.  An
    17  insurer shall have the right to assess the work used to correct  defects
    18  to  determine and ensure they have been corrected in a manner that meets
    19  the standards originally communicated by the insurer in  subsection  (a)
    20  of  this  section.  Should  the  insurer determine that the work did not
    21  correct the defects, the insurer shall notify the named insured that the
    22  non-renewal shall be upheld.
    23    (e) Offer a renewal policy to a consumer who submits proof  that  they
    24  have  cured  the defects or conditions identified pursuant to subsection
    25  (a) of this section. Provided however, an  insurer  may  choose  not  to
    26  renew  the  policy  in  question  after defects or conditions identified
    27  pursuant to subsection (a) of this section have been cured, but only for
    28  a reason unrelated to such defects or conditions.
    29    § 9204. Rules. The superintendent shall promulgate all rules and regu-
    30  lations necessary for the implementation of this article.
    31    § 2.  This act shall take effect on  the  one  hundred  eightieth  day
    32  after  it  shall have become a law. Effective immediately, the addition,
    33  amendment and/or repeal of any rule  or  regulation  necessary  for  the
    34  implementation  of  this  act on its effective date are authorized to be
    35  made and completed on or before such effective date.
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