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Assembly Bill A2522

2009-2010 Legislative Session

Requires insurers insuring property in floodplains to include damages done by wave action or windblown waves

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Archive: Last Bill Status - On Floor Calendar

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2009-A2522 (ACTIVE) - Details

Law Section:
Insurance Law
Laws Affected:
Add ยง2351-a, Ins L
Versions Introduced in Other Legislative Sessions:
2011-2012: A2762
2013-2014: A3504
2015-2016: A2241
2017-2018: A2590
2019-2020: A2972
2021-2022: A3249
2023-2024: A3430
2025-2026: A6807

2009-A2522 (ACTIVE) - Summary

Requires insurers insuring property in floodplains to include damages done by wave action or windblown waves and make available to all insureds who reside in single family homes in a floodplain homeowners insurance covering such damage.

2009-A2522 (ACTIVE) - Bill Text download pdf 

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

                                  2522

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 16, 2009
                               ___________

Introduced  by M. of A. PRETLOW -- read once and referred to the Commit-
  tee on Insurance

AN ACT to amend the insurance law, in relation to  requiring  floodplain
  insurance to cover damages caused by waves

  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 2351-a
to read as follows:
  S 2351-A. FLOODPLAIN INSURANCE, WAVE DAMAGE.  (A)  ANY  INSURER  WHICH
INSURES  PROPERTY  IN  A FLOODPLAIN SHALL MAKE AVAILABLE TO ALL INSUREDS
WHO RESIDE IN SINGLE FAMILY HOMES IN THE FLOODPLAIN COVERAGE UNDER THEIR
HOMEOWNERS' INSURANCE POLICY FOR DAMAGES CAUSED BY  WINDBLOWN  WAVES  OR
WAVE  ACTION.  SUCH  POLICIES SHALL COVER THE RESIDENCE AND ANY APPURTE-
NANCES THERETO, INCLUDING, BUT NOT  LIMITED  TO,  GARAGES,  BOAT  DOCKS,
RESTRAINING WALLS, BOAT HOUSES, BREAK WALLS AND ANY OTHER DEVICE USED TO
PREVENT OR MINIMIZE WAVE OR WATER DAMAGE TO REAL PROPERTY.
  (B)  AS USED IN THIS SECTION, "WINDBLOWN WAVES" OR "WAVE ACTION" SHALL
MEAN THE CONDITION WHICH EXISTS WHEN A FLOODPLAIN AREA  HAS  HIGH  WATER
CONDITIONS,  EVEN  THOUGH  BELOW  THE FLOODPLAIN LEVEL, AND THE WATER IS
STIRRED BY WIND OR OTHER CONDITIONS TO CAUSE  WAVES  WHICH  CREST  ABOVE
FLOODPLAIN LEVEL.
  S  2.  This  act shall take effect on the ninetieth day after it shall
have become a law.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01733-01-9

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