Relates to the use of local cost data when adjusting claims; requires an insurer and independent adjuster to adjust certain claims made under an insurance policy that provides coverage for loss of or damage to property using cost data appropriate for the region of this state where the loss or damage occurred.
STATE OF NEW YORK
________________________________________________________________________
808
2017-2018 Regular Sessions
IN ASSEMBLY
January 9, 2017
___________
Introduced by M. of A. PERRY -- read once and referred to the Committee
on Insurance
AN ACT to amend the insurance law, in relation to requiring out-of-state
insurance adjusters employed to appraise in-state property damages
arising from emergency situations to employ established rates used for
appraisal by in-state insurance adjusters
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subsection (n) of section 2108 of the insurance law is
2 amended to read as follows:
3 (n) Notwithstanding the provisions of this section, the superinten-
4 dent, in order to facilitate the settlement of claims under insurance
5 contracts involving widespread property losses arising out of a confla-
6 gration or catastrophe common to all such losses, may issue a temporary
7 permit for a term not exceeding one hundred twenty days to any person,
8 whether he be a resident of this state or a non-resident, to act as an
9 independent adjuster on behalf of an authorized insurer or insurers,
10 provided any such insurer shall execute and file in the office of the
11 superintendent a written application for the permit in the form
12 prescribed by the superintendent, which application shall contain such
13 information as he may require and shall certify that the person named
14 therein to be designated in the temporary permit is qualified by experi-
15 ence and training to adjust claims arising under insurance contracts
16 issued by any insurer and that such person shall adjust claims using
17 cost data appropriate for the region of the state where such person is
18 adjusting claims. The superintendent may in his discretion renew such
19 permit for an additional term or terms as may be necessary to adjust
20 such claims. A person issued a temporary permit pursuant to this
21 subsection shall utilize cost data that is appropriate for the region of
22 the state where such person is adjusting claims.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD06031-01-7
A. 808 2
1 § 2. Paragraphs 6 and 7 of subdivision (a) of section 2601 of the
2 insurance law, paragraph 6 as amended and paragraph 7 as added by
3 section 27 of part H of chapter 60 of the laws of 2014, are amended and
4 a new paragraph 8 is added to read as follows:
5 (6) failing to promptly disclose coverage pursuant to subsection (d)
6 or subparagraph (A) of paragraph two of subsection (f) of section three
7 thousand four hundred twenty of this chapter; [or]
8 (7) submitting reasonably rendered claims to the independent dispute
9 resolution process established under article six of the financial
10 services law[.]; or
11 (8) artificially deflating or otherwise lowering cost data used for
12 adjusted claims, or using cost data that is not appropriate for the
13 region of the state where the loss occurred; this shall include but is
14 not limited to claims adjusted by a person issued a temporary permit
15 pursuant to subsection (n) of section two thousand one hundred eight of
16 this chapter.
17 § 3. This act shall take effect immediately.
