S T A T E O F N E W Y O R K
________________________________________________________________________
10998--A
I N A S S E M B L Y
May 29, 2018
___________
Introduced by M. of A. JOYNER -- read once and referred to the Committee
on Insurance -- committee discharged, bill amended, ordered reprinted
as amended and recommitted to said committee
AN ACT to amend the insurance law, in relation to licensing of independ-
ent adjusters
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph 5 of subsection (d) of section 2108 of the insur-
ance law is amended to read as follows:
(5) Such application shall be approved, as to each person or individ-
ual so signing the same, by not less than five reputable citizens of the
community in which such applicant resides or transacts business, each of
whom shall certify that he has personally known the person or individual
for a period of at least five years prior to the filing of such applica-
tion, that he has read such application and believes each of the state-
ments made therein to be true, that such person is honest, of good char-
acter and competent, and not related or connected to the person so
certifying by blood or marriage. The certificate of approval shall be
subscribed by such reputable citizens and affirmed by them as true under
the penalties of perjury. THIS REQUIREMENT SHALL BE WAIVED FOR INDIVID-
UALS HOLDING A CLAIMS CERTIFICATION ISSUED BY A NATIONAL OR STATE-BASED
CLAIMS ASSOCIATION WITH A CERTIFICATION PROGRAM THAT CONSISTS OF AT
LEAST FORTY HOURS OF PRE-EXAM COURSEWORK, A PROCTORED EXAMINATION OF
SUFFICIENT LENGTH TO ADEQUATELY DETERMINE THE COMPETENCY OF THE INDIVID-
UAL, AND TWENTY-FOUR HOURS OF CONTINUING EDUCATION REQUIRED FOR CERTIF-
ICATION RENEWALS, SUBJECT TO THE APPROVAL OF THE SUPERINTENDENT.
§ 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. The superintendent may prescribe the types of written exam-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13794-05-8
A. 10998--A 2
inations according to the kind or kinds of insurance claims [which] THAT
the applicant is to be licensed to investigate and adjust. THE EXAM
REQUIREMENT SHALL BE WAIVED FOR INDIVIDUALS HOLDING A CLAIMS CERTIF-
ICATION ISSUED BY A NATIONAL OR STATE-BASED CLAIMS ASSOCIATION WITH A
CERTIFICATION PROGRAM THAT CONSISTS OF AT LEAST FORTY HOURS OF PRE-EXAM
COURSEWORK, A PROCTORED EXAM OF SUFFICIENT LENGTH TO ADEQUATELY DETER-
MINE THE COMPETENCY OF THE INDIVIDUAL, AND TWENTY-FOUR HOURS OF CONTINU-
ING EDUCATION REQUIRED FOR CERTIFICATION RENEWALS ON A BIENNIAL BASIS,
SUBJECT TO THE APPROVAL OF THE SUPERINTENDENT.
§ 3. This act shall take effect immediately.