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A01093 Summary:

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A01093 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         1093--C
                                                                Cal. No. 790
 
                               2013-2014 Regular Sessions
 
                   IN ASSEMBLY
 
                                       (Prefiled)
 
                                     January 9, 2013
                                       ___________
 
        Introduced  by  M.  of A. SKOUFIS, GALEF, WEPRIN, MALLIOTAKIS, SALADINO,
          CUSICK -- Multi-Sponsored by -- M.  of  A.  BRENNAN,  COLTON,  JACOBS,
          PERRY, SWEENEY -- read once and referred to the Committee on Insurance

          --  ordered to a third reading -- committed to the Committee on Insur-
          ance -- committee  discharged,  bill  amended,  ordered  reprinted  as
          amended  and recommitted to said committee -- reported from committee,
          advanced to a third reading, amended and ordered reprinted,  retaining
          its  place  on  the  order  of third reading -- again amended on third
          reading, ordered reprinted, retaining its place on the order of  third
          reading
 
        AN  ACT to amend the insurance law, in relation to creating a task force
          on disasters
 
          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 215 to
     2  read as follows:
     3    §  215.  Task  force on disasters.  (a) There is hereby created a task

     4  force to examine how insurers who write policies that cover loss  of  or
     5  damage  to  real  property,  personal property, or other liabilities for
     6  loss of, damage to, or injury to persons or property in New  York  state
     7  respond  to disasters, in what ways state and local agencies such as the
     8  department of financial services and the department of homeland security
     9  and emergency services can assist in such response and  whether  policy-
    10  holders and communities have adequate insurance.
    11    (b)  (1)  The task force shall consist of twenty-three members, one of
    12  whom shall be the superintendent or  his  or  her  designated  represen-
    13  tative, one of whom shall be the commissioner of the department of home-

    14  land  security and emergency services or his or her designated represen-
    15  tative, five of whom shall be appointed by the governor,  five  of  whom
    16  shall  be appointed by the governor based upon the recommendation of the
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05808-11-4
        A. 1093--C                          2
 
     1  speaker of the assembly, five of whom shall be appointed by the governor
     2  based upon the recommendation of the temporary president of the  senate,
     3  three  of  whom shall be appointed by the governor based upon the recom-

     4  mendation  of  the  minority  leader  of the assembly, and three of whom
     5  shall be appointed by the governor based upon the recommendation of  the
     6  minority leader of the senate.
     7    (2) The appointees shall include representatives of the following:
     8    (A)  four  insurers who write policies that cover loss of or damage to
     9  real property, personal property, or  other  liabilities  for  loss  of,
    10  damage  to,  or injury to persons or property, including representatives
    11  from companies of varying sizes and locations and at least  one  insurer
    12  who writes for the national flood insurance program.
    13    (B)  ten  local  officials  who  respond to disasters and emergencies,
    14  including police officials, professional and volunteer fire and emergen-

    15  cy services personnel, and local officials responsible for  the  coordi-
    16  nation  of  emergency services and the locality's response to a disaster
    17  or emergency.  These appointments shall reflect the geographic diversity
    18  of the state and include representatives from  localities  with  varying
    19  population  densities.   These appointments shall also include represen-
    20  tatives from the following regions: New York city, Long Island, mid-Hud-
    21  son, capital  region,  north  country,  Mohawk  Valley,  Southern  tier,
    22  Central New York, Finger lakes, and Western New York.
    23    (C) two organizations that represent independent and public adjusters.
    24    (D) two non-profits that have experience with disaster relief.
    25    (E) two consumer advocacy groups.

    26    (F)  one  independent  insurance agent who obtains coverage for policy
    27  holders for loss of or damage to real property,  personal  property,  or
    28  other  liabilities for loss of, damage to, or injury to persons or prop-
    29  erty.
    30    (3) Recommendations and appointments shall take into consideration the
    31  expertise of other appointees, so that the task force reflects a  diver-
    32  sity of experience.
    33    (4)  The members of the task force shall not receive compensation, but
    34  shall be reimbursed for reasonable travel expenses.
    35    (c) The superintendent, or his or her designated  representative,  and
    36  the  commissioner  of  the department of homeland security and emergency
    37  services, or his or her designated representative, shall  serve  as  the

    38  co-chairs of the task force.
    39    (d)  The  task  force shall report to the governor, the speaker of the
    40  assembly, the temporary president of the senate, and the  chair  of  the
    41  assembly  insurance  committee  and  the  chair  of the senate insurance
    42  committee on the results of its examination one year after the effective
    43  date of this section.  The report shall include information on the chal-
    44  lenges that insurers face when responding to a disaster,  possible  ways
    45  for  insurers to work better with community stakeholders and state agen-
    46  cies to facilitate timely claims investigation and processing, suggested
    47  legislation to address, issues identified by the  task  force,  and  any

    48  other  information  the  superintendent  and  the  commissioners  of the
    49  department of homeland security and emergency services deems relevant.
    50    (e) In completing its task, the task force will consider the following
    51  issues, as well as any other issue that it deems relevant:
    52    (1) Steps insurers currently take in order to respond to  disaster-re-
    53  lated claims in a timely fashion;
    54    (2) Challenges insurers experience when responding to disasters;
        A. 1093--C                          3
 
     1    (3)  Steps insurers currently take to adequately assess damage so that
     2  homeowners and municipalities can remove debris and make repairs  quick-
     3  ly;

     4    (4) Additional steps insurers and state and local agencies can take to
     5  better respond to the needs of communities and policyholders affected by
     6  a disaster;
     7    (5)  Ways  insurers and state and local agencies can proactively reach
     8  out to policyholders and communities following a disaster;
     9    (6) Ways insurers assist  homeowners  and  businesses  affected  by  a
    10  disaster whose premiums are due;
    11    (7)  Steps  insurers  can  take  if  their employees are affected by a
    12  disaster in order to ensure that they  are  still  able  to  respond  to
    13  claims in a timely fashion;
    14    (8) Whether or not New Yorkers have adequate insurance coverage and if
    15  not,  identifying  what  barriers  exist  that  may  prevent people from

    16  purchasing adequate coverage;
    17    (9) Identifying measures to encourage  homeowners  and  businesses  to
    18  purchase flood insurance as needed;
    19    (10) Steps insurers take to prevent disputes with policyholders and to
    20  resolve  those  which  do occur as well as additional steps insurers can
    21  take;
    22    (11) Legislative actions  that  can  be  considered  to  address  such
    23  issues.
    24    § 2. This act shall take effect immediately.