Relates to licensing of independent insurance adjusters by waiving requirements regarding character references and a written examination if the applicant holds a claim certification from a national or state-based claims association.
STATE OF NEW YORK
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3636
2019-2020 Regular Sessions
IN SENATE
February 11, 2019
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Introduced by Sens. BRESLIN, SEWARD -- read twice and ordered printed,
and when printed to be committed to the Committee on Insurance
AN ACT to amend the insurance law, in relation to licensing of independ-
ent adjusters
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraph 5 of subsection (d) of section 2108 of the insur-
2 ance law is amended to read as follows:
3 (5) Such application shall be approved, as to each person or individ-
4 ual so signing the same, by not less than five reputable citizens of the
5 community in which such applicant resides or transacts business, each of
6 whom shall certify that he has personally known the person or individual
7 for a period of at least five years prior to the filing of such applica-
8 tion, that he has read such application and believes each of the state-
9 ments made therein to be true, that such person is honest, of good char-
10 acter and competent, and not related or connected to the person so
11 certifying by blood or marriage. The certificate of approval shall be
12 subscribed by such reputable citizens and affirmed by them as true under
13 the penalties of perjury. This requirement shall be waived for individ-
14 uals holding a claims certification issued by a national or state-based
15 claims association with a certification program that consists of at
16 least forty hours of pre-exam coursework, a proctored examination of
17 sufficient length to adequately determine the competency of the individ-
18 ual, and twenty-four hours of continuing education required for certif-
19 ication renewals, subject to the approval of the superintendent.
20 § 2. Paragraph 1 of subsection (f) of section 2108 of the insurance
21 law is amended to read as follows:
22 (1) The superintendent shall, in order to determine the trustworthi-
23 ness and competency to act as an independent adjuster of each individual
24 applicant for such license, and of each proposed sub-licensee, except in
25 the case of a renewal license, require every such individual to take and
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00493-01-9
S. 3636 2
1 pass, to the satisfaction of the superintendent, a personal written
2 examination. The superintendent may prescribe the types of written exam-
3 inations according to the kind or kinds of insurance claims [which] that
4 the applicant is to be licensed to investigate and adjust. The exam
5 requirement shall be waived for individuals holding a claims certif-
6 ication issued by a national or state-based claims association with a
7 certification program that consists of at least forty hours of pre-exam
8 coursework, a proctored exam of sufficient length to adequately deter-
9 mine the competency of the individual, and twenty-four hours of continu-
10 ing education required for certification renewals on a biennial basis,
11 subject to the approval of the superintendent.
12 § 3. This act shall take effect immediately.
