senate Bill S5183A

2013-2014 Legislative Session

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

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Archive: Last Bill Status -


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (4)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 23, 2014 print number 5183a
amend and recommit to insurance
Jan 08, 2014 referred to insurance
May 14, 2013 referred to insurance

S5183 - Details

See Assembly Version of this Bill:
A908A
Law Section:
Insurance Law
Laws Affected:
Add §2616, amd §§2108, 2110 & 2132, Ins L
Versions Introduced in Previous Legislative Sessions:
2011-2012: A3729A, S7802
2009-2010: A7088

S5183 - Summary

Relates to claims for loss or damage to real property; 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.

S5183 - Sponsor Memo

S5183 - Bill Text download pdf

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

                                  5183

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 14, 2013
                               ___________

Introduced  by  Sen. MARTINS -- 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  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 ENTITY OR INDIVIDUAL.
  (B) IN PROCESSING ANY SUCH CLAIM, THE INSURER SHALL NOT  RECOMMEND  OR
SUGGEST  REPAIRS  BE  MADE  BY  A PARTICULAR ENTITY OR INDIVIDUAL UNLESS
EXPRESSLY REQUESTED BY THE INSURED, IN  WHICH  CASE  THE  INSURER  SHALL
DISCLOSE  TO  THE INSURED WHETHER THE INSURER HAS A CONTROLLING OR BUSI-
NESS INTEREST IN ANY ENTITY OR INDIVIDUAL THAT THE INSURER RECOMMENDS OR
SUGGESTS.
  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 IN CONSIDERATION OF A DIRECT REFERRAL OF A
CLIENT OR POTENTIAL CLIENT.
  (6) AN INDEPENDENT OR PUBLIC ADJUSTER SHALL NOT RECOMMEND  OR  SUGGEST
REPAIRS  BE  MADE  BY A PARTICULAR ENTITY OR INDIVIDUAL UNLESS EXPRESSLY
REQUESTED BY THE INSURED, IN WHICH CASE THE INDEPENDENT OR PUBLIC ADJUS-
TER SHALL DISCLOSE TO THE INSURED WHETHER THE ADJUSTER HAS ANY  CONTROL-
LING  OR BUSINESS INTEREST IN ANY ENTITY OR INDIVIDUAL THAT THE ADJUSTER
RECOMMENDS OR SUGGESTS.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03815-01-3

S5183A (ACTIVE) - Details

See Assembly Version of this Bill:
A908A
Law Section:
Insurance Law
Laws Affected:
Add §2616, amd §§2108, 2110 & 2132, Ins L
Versions Introduced in Previous Legislative Sessions:
2011-2012: A3729A, S7802
2009-2010: A7088

S5183A (ACTIVE) - Summary

Relates to claims for loss or damage to real property; 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.

S5183A (ACTIVE) - Sponsor Memo

S5183A (ACTIVE) - Bill Text download pdf

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

                                 5183--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 14, 2013
                               ___________

Introduced  by  Sen. MARTINS -- read twice and ordered printed, and when
  printed to be committed to the Committee on Insurance  --  recommitted
  to the Committee on Insurance in accordance with Senate Rule 6, sec. 8
  --  committee  discharged,  bill amended, ordered reprinted as amended
  and recommitted to said committee

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 ENTITY OR INDIVIDUAL.
  (B) IN PROCESSING ANY SUCH CLAIM, THE INSURER SHALL NOT  RECOMMEND  OR
SUGGEST  REPAIRS  BE  MADE  BY  A PARTICULAR ENTITY OR INDIVIDUAL UNLESS
EXPRESSLY REQUESTED BY THE INSURED, IN  WHICH  CASE  THE  INSURER  SHALL
DISCLOSE  TO  THE INSURED WHETHER THE INSURER HAS A CONTROLLING OR BUSI-
NESS INTEREST IN ANY ENTITY OR INDIVIDUAL THAT THE INSURER RECOMMENDS OR
SUGGESTS.
  S 2. Paragraph 1 of subsection (f) of section 2108  of  the  insurance
law is amended to read as follows:
  (1)  The  superintendent shall, in order to determine the trustworthi-
ness and competency to act as an independent adjuster of each individual
applicant for such license, and of each proposed sub-licensee, except in
the case of a renewal license, require every such individual to take and
pass, to the satisfaction of  the  superintendent,  a  personal  written
examination.    AN  INDIVIDUAL SHALL NOT BE DEEMED QUALIFIED TO TAKE THE
EXAMINATION WITHOUT HAVING DEMONSTRATED BY EVIDENCE SATISFACTORY TO  THE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03815-03-4

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