Assembly Bill A7088

2009-2010 Legislative Session

Relates to continuing education for licensed persons and qualifications for independent adjusters

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2009-A7088 (ACTIVE) - Details

Current Committee:
Assembly Insurance
Law Section:
Insurance Law
Laws Affected:
Add §2616, amd §§2108, 2110 & 2132, Ins L
Versions Introduced in Other Legislative Sessions:
2011-2012: A3729
2013-2014: A908
2015-2016: A3212
2017-2018: A5460
2019-2020: A4058

2009-A7088 (ACTIVE) - Summary

Creates continuing education requirements for licensed persons and qualifications for public and independent adjusters; allows for a revocation of licenses with an opportunity to reapply for such licenses.

2009-A7088 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7088

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                             March 20, 2009
                               ___________

Introduced by M. of A. CARROZZA, WEISENBERG, ORTIZ -- Multi-Sponsored by
  --  M.  of  A. COOK, MAYERSOHN, McENENY, NOLAN, PERRY -- read once and
  referred to the Committee on Insurance

AN ACT to amend the insurance law, in relation to  claims  for  loss  or
  damage  to real property continuing education for licensed persons and
  qualifications for independent adjusters

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The insurance law is amended by adding a new section 2616
to read as follows:
  S 2616. CLAIMS FOR LOSS OR DAMAGE TO REAL PROPERTY; REPAIRS. (A) WHEN-
EVER AN INSURED SUFFERS A LOSS OR DAMAGE TO REAL  PROPERTY,  NO  INSURER
PROVIDING COVERAGE THEREFOR SHALL REQUIRE THAT REPAIRS BE COMPLETED BY A
PARTICULAR CONSTRUCTION FIRM OR BUILDING RESTORATION FIRM.
  (B) IN PROCESSING ANY SUCH CLAIM, IF AN INSURER RECOMMENDS OR SUGGESTS
THAT  REPAIRS  BE  COMPLETED  BY  A  PARTICULAR  FIRM, THE INSURER SHALL
DISCLOSE TO THE INSURED WHETHER THE INSURER HAS A  CONTROLLING  INTEREST
IN SUCH FIRM.
  S 2. Subsection (a) of section 2108 of the insurance law is amended by
adding two new paragraphs 5 and 6 to read as follows:
  (5)  NO  PUBLIC OR INDEPENDENT ADJUSTER SHALL RECEIVE ANY COMPENSATION
OR RECEIVE ANYTHING OF VALUE FROM ANY PERSON, FIRM, ASSOCIATION,  CORPO-
RATION, PARTNERSHIP, OR JOINT-STOCK COMPANY IN CONSIDERATION OF A DIRECT
REFERRAL OF A CLIENT OR POTENTIAL CLIENT.
  (6)  NO  PUBLIC  OR  INDEPENDENT  ADJUSTER  SHALL HAVE ANY CONTROLLING
INTEREST IN ANY CONSTRUCTION FIRM, SALVAGE FIRM, OR  BUILDING  APPRAISAL
FIRM.  THE WORD "FIRM" SHALL INCLUDE ANY CORPORATION, PARTNERSHIP, ASSO-
CIATION, JOINT-STOCK COMPANY OR INDIVIDUAL.
  S  3.  Paragraph  1 of subsection (e) of section 2108 of the insurance
law, as amended by chapter 264 of the laws of 1998, is amended  to  read
as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10255-01-9
              

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