Assembly Bill A9804

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

                                  9804

                          I N  A S S E M B L Y

                             April 11, 2016
                               ___________

Introduced by M. of A. HARRIS -- read once and referred to the Committee
  on Insurance

AN  ACT  to  amend  the  insurance law, in relation to property/casualty
  insurer report cards

  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 339 to
read as follows:
  S  339.  PROPERTY/CASUALTY  INSURER REPORT CARDS. (A) IF AT ANY TIME A
LOCAL STATE OF EMERGENCY IS DECLARED PURSUANT TO SECTION TWENTY-FOUR  OF
THE  EXECUTIVE  LAW, THE GOVERNOR DECLARES A DISASTER EMERGENCY PURSUANT
TO SECTION TWENTY-EIGHT OF THE EXECUTIVE LAW, OR THE PRESIDENT ISSUES  A
MAJOR DISASTER OR EMERGENCY DECLARATION  PURSUANT TO THE ROBERT T. STAF-
FORD  DISASTER  RELIEF  AND  EMERGENCY ASSISTANCE ACT (P.L. 93-288), THE
SUPERINTENDENT SHALL PREPARE A REPORT CARD CONTAINING INFORMATION ON HOW
EACH INSURER LICENSED TO WRITE PERSONAL LINES  INSURANCE  OR  COMMERCIAL
LINES  INSURANCE POLICIES THAT COVER LOSS OF OR DAMAGE TO REAL PROPERTY,
PERSONAL PROPERTY, OR OTHER LIABILITIES FOR LOSS OR DAMAGE  TO  PROPERTY
RESPONDED TO THE EMERGENCY OR DISASTER.
  (B)  NO LATER THAN TWENTY DAYS FOLLOWING THE DECLARATION OF THE DISAS-
TER OR EMERGENCY, THE SUPERINTENDENT SHALL POST THE REPORT CARD  ON  THE
DEPARTMENT'S WEBSITE. THE REPORT CARD SHALL ALSO BE AVAILABLE IN WRITING
UPON REQUEST.
  (C)  THE  SUPERINTENDENT SHALL UPDATE THE REPORT CARD EVERY SEVEN DAYS
FOR AT LEAST SIX MONTHS FOLLOWING THE DECLARATION  OF  THE  DISASTER  OR
EMERGENCY,  OR UNTIL THE SUPERINTENDENT DETERMINES THAT SUCH REPORT CARD
IS NO LONGER NECESSARY. SUCH REPORT CARD SHALL BE IN THE AGGREGATE.  THE
UPDATED VERSION SHALL BE POSTED ON THE DEPARTMENT'S WEBSITE AND SHALL BE
MADE AVAILABLE IN WRITING UPON REQUEST.
  (D) INSURERS SPECIFIED IN SUBSECTION (A) OF THIS SECTION SHALL PROVIDE
THE SUPERINTENDENT WITH ALL INFORMATION NECESSARY FOR THE SUPERINTENDENT
TO  PREPARE THE REPORT CARD, IN A MANNER AND ON A DATE PRESCRIBED BY THE
SUPERINTENDENT.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06931-02-5
              

A. 9804                             2

  (E) THE REPORT CARD SHALL INDICATE  WHETHER  THE  INFORMATION  IS  FOR
PERSONAL  LINES  INSURANCE  POLICIES OR COMMERCIAL LINES INSURANCE POLI-
CIES. IF THE INSURER WRITES BOTH PERSONAL LINES INSURANCE  POLICIES  AND
COMMERCIAL LINES INSURANCE POLICIES, THE REPORT CARD SHALL DIFFERENTIATE
BETWEEN THE TWO.
  (F)  THE  REPORT  CARD  SHALL CONTAIN THE FOLLOWING INFORMATION ON HOW
EACH INDIVIDUAL INSURER SPECIFIED IN  SUBSECTION  (A)  OF  THIS  SECTION
RESPONDED TO THE DISASTER OR EMERGENCY:
  (I) THE NUMBER OF CLAIMS THE INSURER HAS RECEIVED;
  (II) THE NUMBER OF CLAIMS CLOSED WITH PAYMENT;
  (III) THE NUMBER OF CLAIMS CLOSED WITHOUT PAYMENT;
  (IV)  THE  TOTAL NUMBER OF OPEN CLAIMS AND THE AVERAGE AMOUNT OF TIME,
IN DAYS, THE CLAIMS HAVE BEEN OPEN;
  (V) THE NUMBER OF OPEN CLAIMS FOR WHICH A  PARTIAL  PAYMENT  HAS  BEEN
MADE;
  (VI)  THE  NUMBER  OF OPEN CLAIMS FOR WHICH A PAYMENT HAS BEEN OFFERED
THAT ARE BEING DISPUTED AND/OR NEGOTIATED BY THE POLICYHOLDER;
  (VII) THE NUMBER OF OPEN CLAIMS THAT ARE STILL BEING  INVESTIGATED  BY
THE INSURER, THE STATUS OF THE INVESTIGATION AND THE REASON THE INVESTI-
GATION  IS  NOT  COMPLETE,  COMPILED  INTO  CATEGORIES DETERMINED BY THE
SUPERINTENDENT;
  (VIII) THE NUMBER OF INDEPENDENT ADJUSTERS THAT THE INSURER HAS  WORK-
ING IN THE FIELD;
  (IX) THE NUMBER OF POLICYHOLDERS WHO HAVE HIRED PUBLIC ADJUSTERS;
  (X)  THE  AVERAGE  TIME,  IN  DAYS: (A) FROM THE DATE A CLAIM IS FILED
UNTIL THE DATE ON WHICH THE INSPECTION IS INITIATED; (B) FROM  THE  DATE
ON WHICH THE INSPECTION IS INITIATED UNTIL THE DATE THE INSURER PROVIDES
THE INSURED WITH AN ESTIMATE; (C) FROM THE DATE THE INSURER PROVIDES THE
INSURED  WITH AN ESTIMATE UNTIL THE DATE A PAYMENT IS MADE; (D) FROM THE
DATE A PAYMENT IS MADE UNTIL THE CLAIM IS CLOSED; AND (E) FROM THE  DATE
A CLAIM IS FILED UNTIL THE DATE THE CLAIM IS CLOSED;
  (XI)  THE  NUMBER  OF  COMPLAINTS  THAT  THE INSURER HAS RECEIVED FROM
INSUREDS AND THE PERCENTAGE OF THE INSURER'S CLAIMS FOR THE DISASTER  OR
EMERGENCY THAT THESE COMPLAINTS REPRESENT;
  (XII)  THE  NUMBER  OF  COMPLAINTS  THAT  THE  DEPARTMENT HAS RECEIVED
REGARDING THE INSURER AND THE PERCENTAGE OF THE INSURER'S CLAIMS FOR THE
DISASTER OR EMERGENCY THAT THESE COMPLAINTS REPRESENT; AND
  (XIII) ANY OTHER INFORMATION THAT THE SUPERINTENDENT DEEMS NECESSARY.
  (G) THE SUPERINTENDENT MAY,  AT  HIS  OR  HER  DISCRETION,  WAIVE  THE
REQUIREMENT  TO  PREPARE  A  REPORT  CARD  IF  THE DECLARED DISASTER, AS
DEFINED IN SUBSECTION (A) OF THIS SECTION, DOES NOT RESULT IN A  SIGNIF-
ICANT AMOUNT OF INSURANCE RELATED CLAIMS FILED IN NEW YORK STATE AND THE
SUPERINTENDENT  DOES NOT BELIEVE THE BEST INTEREST OF THE PUBLIC WILL BE
SERVED BY ISSUING A REPORT CARD.
  S 2. This act shall take effect immediately.