S T A T E O F N E W Y O R K
________________________________________________________________________
2974
2019-2020 Regular Sessions
I N A S S E M B L Y
January 28, 2019
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Introduced by M. of A. QUART, GALEF, VANEL -- Multi-Sponsored by -- M.
of A. SEAWRIGHT -- read once and referred to the Committee on Insur-
ance
AN ACT to amend the insurance law, in relation to posting insurance
policies on the internet
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 3457
to read as follows:
§ 3457. POSTING OF INSURANCE POLICIES ON THE INTERNET. (A) NOTWITH-
STANDING SECTION THREE HUNDRED NINE OF THE STATE TECHNOLOGY LAW OR ANY
OTHER PROVISION OF THE LAW TO THE CONTRARY, STANDARD PROPERTY AND CASU-
ALTY INSURANCE POLICIES AND ENDORSEMENTS THAT DO NOT CONTAIN PERSONALLY
IDENTIFIABLE INFORMATION MAY BE MAILED, DELIVERED, OR POSTED ON THE
INSURER'S WEBSITE.
(B) IF THE INSURER ELECTS TO POST INSURANCE POLICIES AND ENDORSEMENTS
ON ITS WEBSITE IN LIEU OF MAILING OR DELIVERING THEM TO THE INSURED, IT
MUST COMPLY WITH ALL OF THE FOLLOWING CONDITIONS:
(1) THE POLICY AND ENDORSEMENTS MUST BE ACCESSIBLE AND REMAIN THAT WAY
FOR AS LONG AS THE POLICY IS IN FORCE;
(2) AFTER THE EXPIRATION OF THE POLICY, THE INSURER MUST ARCHIVE ITS
EXPIRED POLICIES AND ENDORSEMENTS FOR A PERIOD OF FIVE YEARS, AND MAKE
THEM AVAILABLE UPON REQUEST;
(3) THE POLICIES AND ENDORSEMENTS MUST BE POSTED IN A MANNER THAT
ENABLES THE INSURED TO PRINT AND SAVE THE POLICY AND ENDORSEMENTS USING
PROGRAMS OR APPLICATIONS THAT ARE WIDELY AVAILABLE ON THE INTERNET AND
FREE TO USE; AND
(4) THE INSURER PROVIDES THE FOLLOWING INFORMATION IN, OR SIMULTANEOUS
WITH, EACH DECLARATIONS PAGE PROVIDED AT THE TIME OF ISSUANCE OF THE
INITIAL POLICY AND ANY RENEWALS OF THAT POLICY:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01415-01-9
A. 2974 2
(A) A DESCRIPTION OF THE EXACT POLICY AND ENDORSEMENT FORMS PURCHASED
BY THE INSURED;
(B) A METHOD BY WHICH THE INSURED MAY OBTAIN, UPON REQUEST AND WITHOUT
CHARGE, A PAPER COPY OF THEIR POLICY;
(C) THE INTERNET ADDRESS WHERE THEIR POLICY AND ENDORSEMENTS ARE POST-
ED; AND
(D) THE INSURER PROVIDES NOTICE, IN THE FORMAT PREFERRED BY THE
INSURED, OF ANY CHANGES TO THE FORMS OR ENDORSEMENTS, THE INSURED'S
RIGHT TO OBTAIN, UPON REQUEST AND WITHOUT CHARGE, A PAPER COPY OF SUCH
FORMS OR ENDORSEMENTS, AND THE INTERNET ADDRESS WHERE SUCH FORMS OR
ENDORSEMENTS ARE POSTED.
§ 2. This act shall take effect January 1, 2020.