Assembly Bill A4172

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

                                  4172

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 29, 2015
                               ___________

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

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:

  Section 1. The insurance law is amended by adding a new section 215 to
read as follows:
  S 215. TASK FORCE ON DISASTERS.  (A) THERE IS HEREBY  CREATED  A  TASK
FORCE  TO  EXAMINE HOW INSURERS WHO WRITE POLICIES THAT COVER LOSS OF OR
DAMAGE TO REAL PROPERTY, PERSONAL PROPERTY,  OR  OTHER  LIABILITIES  FOR
LOSS  OF,  DAMAGE TO, OR INJURY TO PERSONS OR PROPERTY IN NEW YORK STATE
RESPOND TO DISASTERS, IN WHAT WAYS STATE AND LOCAL AGENCIES SUCH AS  THE
DEPARTMENT OF FINANCIAL SERVICES AND THE DEPARTMENT OF HOMELAND SECURITY
AND  EMERGENCY  SERVICES CAN ASSIST IN SUCH RESPONSE AND WHETHER POLICY-
HOLDERS AND COMMUNITIES HAVE ADEQUATE INSURANCE.
  (B) (1) THE TASK FORCE SHALL CONSIST OF TWENTY-THREE MEMBERS,  ONE  OF
WHOM  SHALL  BE  THE  SUPERINTENDENT  OR HIS OR HER DESIGNATED REPRESEN-
TATIVE, ONE OF WHOM SHALL BE THE COMMISSIONER OF THE DEPARTMENT OF HOME-
LAND SECURITY AND EMERGENCY SERVICES OR HIS OR HER DESIGNATED  REPRESEN-
TATIVE,  FIVE  OF  WHOM SHALL BE APPOINTED BY THE GOVERNOR, FIVE OF WHOM
SHALL BE APPOINTED BY THE GOVERNOR BASED UPON THE RECOMMENDATION OF  THE
SPEAKER OF THE ASSEMBLY, FIVE OF WHOM SHALL BE APPOINTED BY THE GOVERNOR
BASED  UPON THE RECOMMENDATION OF THE TEMPORARY PRESIDENT OF THE SENATE,
THREE OF WHOM SHALL BE APPOINTED BY THE GOVERNOR BASED UPON  THE  RECOM-
MENDATION  OF  THE  MINORITY  LEADER  OF THE ASSEMBLY, AND THREE OF WHOM
SHALL BE APPOINTED BY THE GOVERNOR BASED UPON THE RECOMMENDATION OF  THE
MINORITY LEADER OF THE SENATE.
  (2) THE APPOINTEES SHALL INCLUDE REPRESENTATIVES OF THE FOLLOWING:
  (A)  FOUR  INSURERS WHO WRITE POLICIES THAT COVER LOSS OF OR DAMAGE TO
REAL PROPERTY, PERSONAL PROPERTY, OR  OTHER  LIABILITIES  FOR  LOSS  OF,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04596-01-5
              

A. 4172                             2

DAMAGE  TO,  OR INJURY TO PERSONS OR PROPERTY, INCLUDING REPRESENTATIVES
FROM COMPANIES OF VARYING SIZES AND LOCATIONS AND AT LEAST  ONE  INSURER
WHO WRITES FOR THE NATIONAL FLOOD INSURANCE PROGRAM.
  (B)  TEN  LOCAL  OFFICIALS  WHO  RESPOND TO DISASTERS AND EMERGENCIES,
INCLUDING POLICE OFFICIALS, PROFESSIONAL AND VOLUNTEER FIRE AND EMERGEN-
CY SERVICES PERSONNEL, AND LOCAL OFFICIALS RESPONSIBLE FOR  THE  COORDI-
NATION  OF  EMERGENCY SERVICES AND THE LOCALITY'S RESPONSE TO A DISASTER
OR EMERGENCY.  THESE APPOINTMENTS SHALL REFLECT THE GEOGRAPHIC DIVERSITY
OF THE STATE AND INCLUDE REPRESENTATIVES FROM  LOCALITIES  WITH  VARYING
POPULATION  DENSITIES.   THESE APPOINTMENTS SHALL ALSO INCLUDE REPRESEN-
TATIVES FROM THE FOLLOWING REGIONS: NEW YORK CITY, LONG ISLAND, MID-HUD-
SON, CAPITAL  REGION,  NORTH  COUNTRY,  MOHAWK  VALLEY,  SOUTHERN  TIER,
CENTRAL NEW YORK, FINGER LAKES, AND WESTERN NEW YORK.
  (C) TWO ORGANIZATIONS THAT REPRESENT INDEPENDENT AND PUBLIC ADJUSTERS.
  (D) TWO NON-PROFITS THAT HAVE EXPERIENCE WITH DISASTER RELIEF.
  (E) TWO CONSUMER ADVOCACY GROUPS.
  (F)  ONE  INDEPENDENT  INSURANCE AGENT WHO OBTAINS COVERAGE FOR POLICY
HOLDERS FOR LOSS OF OR DAMAGE TO REAL PROPERTY,  PERSONAL  PROPERTY,  OR
OTHER  LIABILITIES FOR LOSS OF, DAMAGE TO, OR INJURY TO PERSONS OR PROP-
ERTY.
  (3) RECOMMENDATIONS AND APPOINTMENTS SHALL TAKE INTO CONSIDERATION THE
EXPERTISE OF OTHER APPOINTEES, SO THAT THE TASK FORCE REFLECTS A  DIVER-
SITY OF EXPERIENCE.
  (4)  THE MEMBERS OF THE TASK FORCE SHALL NOT RECEIVE COMPENSATION, BUT
SHALL BE REIMBURSED FOR REASONABLE TRAVEL EXPENSES.
  (C) THE SUPERINTENDENT, OR HIS OR HER DESIGNATED  REPRESENTATIVE,  AND
THE  COMMISSIONER  OF  THE DEPARTMENT OF HOMELAND SECURITY AND EMERGENCY
SERVICES, OR HIS OR HER DESIGNATED REPRESENTATIVE, SHALL  SERVE  AS  THE
CO-CHAIRS OF THE TASK FORCE.
  (D)  THE  TASK  FORCE SHALL REPORT TO THE GOVERNOR, THE SPEAKER OF THE
ASSEMBLY, THE TEMPORARY PRESIDENT OF THE SENATE, AND THE  CHAIR  OF  THE
ASSEMBLY  INSURANCE  COMMITTEE  AND  THE  CHAIR  OF THE SENATE INSURANCE
COMMITTEE ON THE RESULTS OF ITS EXAMINATION ONE YEAR AFTER THE EFFECTIVE
DATE OF THIS SECTION.  THE REPORT SHALL INCLUDE INFORMATION ON THE CHAL-
LENGES THAT INSURERS FACE WHEN RESPONDING TO A DISASTER,  POSSIBLE  WAYS
FOR  INSURERS TO WORK BETTER WITH COMMUNITY STAKEHOLDERS AND STATE AGEN-
CIES TO FACILITATE TIMELY CLAIMS INVESTIGATION AND PROCESSING, SUGGESTED
LEGISLATION TO ADDRESS, ISSUES IDENTIFIED BY THE  TASK  FORCE,  AND  ANY
OTHER  INFORMATION  THE  SUPERINTENDENT  AND  THE  COMMISSIONERS  OF THE
DEPARTMENT OF HOMELAND SECURITY AND EMERGENCY SERVICES DEEMS RELEVANT.
  (E) IN COMPLETING ITS TASK, THE TASK FORCE WILL CONSIDER THE FOLLOWING
ISSUES, AS WELL AS ANY OTHER ISSUE THAT IT DEEMS RELEVANT:
  (1) STEPS INSURERS CURRENTLY TAKE IN ORDER TO RESPOND TO  DISASTER-RE-
LATED CLAIMS IN A TIMELY FASHION;
  (2) CHALLENGES INSURERS EXPERIENCE WHEN RESPONDING TO DISASTERS;
  (3)  STEPS INSURERS CURRENTLY TAKE TO ADEQUATELY ASSESS DAMAGE SO THAT
HOMEOWNERS AND MUNICIPALITIES CAN REMOVE DEBRIS AND MAKE REPAIRS  QUICK-
LY;
  (4) ADDITIONAL STEPS INSURERS AND STATE AND LOCAL AGENCIES CAN TAKE TO
BETTER RESPOND TO THE NEEDS OF COMMUNITIES AND POLICYHOLDERS AFFECTED BY
A DISASTER;
  (5)  WAYS  INSURERS AND STATE AND LOCAL AGENCIES CAN PROACTIVELY REACH
OUT TO POLICYHOLDERS AND COMMUNITIES FOLLOWING A DISASTER;
  (6) WAYS INSURERS ASSIST  HOMEOWNERS  AND  BUSINESSES  AFFECTED  BY  A
DISASTER WHOSE PREMIUMS ARE DUE;

A. 4172                             3

  (7)  STEPS  INSURERS  CAN  TAKE  IF  THEIR EMPLOYEES ARE AFFECTED BY A
DISASTER IN ORDER TO ENSURE THAT THEY  ARE  STILL  ABLE  TO  RESPOND  TO
CLAIMS IN A TIMELY FASHION;
  (8) WHETHER OR NOT NEW YORKERS HAVE ADEQUATE INSURANCE COVERAGE AND IF
NOT,  IDENTIFYING  WHAT  BARRIERS  EXIST  THAT  MAY  PREVENT PEOPLE FROM
PURCHASING ADEQUATE COVERAGE;
  (9) IDENTIFYING MEASURES TO ENCOURAGE  HOMEOWNERS  AND  BUSINESSES  TO
PURCHASE FLOOD INSURANCE AS NEEDED;
  (10) STEPS INSURERS TAKE TO PREVENT DISPUTES WITH POLICYHOLDERS AND TO
RESOLVE  THOSE  WHICH  DO OCCUR AS WELL AS ADDITIONAL STEPS INSURERS CAN
TAKE;
  (11) LEGISLATIVE ACTIONS  THAT  CAN  BE  CONSIDERED  TO  ADDRESS  SUCH
ISSUES.
  S 2. This act shall take effect immediately.