Senate Bill S1196

Signed By Governor
2019-2020 Legislative Session

Relates to artificially deflating or otherwise lowering cost data used for adjusted claims

download bill text pdf

Sponsored By

Archive: Last Bill Status - Signed by Governor


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2019-S1196 (ACTIVE) - Details

See Assembly Version of this Bill:
A1916
Law Section:
Insurance Law
Laws Affected:
Amd §2108, Ins L (as proposed in S.2746 and A.808)

2019-S1196 (ACTIVE) - Summary

Relates to artificially deflating or otherwise lowering cost data used for adjusted claims, or using cost data that is not appropriate for the region of the state where the loss occurred.

2019-S1196 (ACTIVE) - Sponsor Memo

2019-S1196 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1196
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 11, 2019
                                ___________
 
 Introduced  by  Sen. BRESLIN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the insurance law, in relation to requiring out-of-state
   insurance adjusters employed to  appraise  in-state  property  damages
   arising from emergency situations to employ established rates used for
   appraisal by in-state insurance adjusters
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subsection (n) of section 2108 of  the  insurance  law,  as
 amended  by  a  chapter  of  the laws of 2018 amending the insurance law
 relating to  requiring  out-of-state  insurance  adjusters  employed  to
 appraise  in-state property damages arising from emergency situations to
 employ established rates used for appraisal by in-state insurance adjus-
 ters, as proposed in legislative bills numbers S. 2746 and  A.  808,  is
 amended to read as follows:
   (n)  Notwithstanding  the  provisions of this section, the superinten-
 dent, in order to facilitate the settlement of  claims  under  insurance
 contracts  involving widespread property losses arising out of a confla-
 gration or catastrophe common to all such losses, may issue a  temporary
 permit  for  a term not exceeding one hundred twenty days to any person,
 whether he be a resident of this state or a non-resident, to act  as  an
 independent  adjuster  on  behalf  of an authorized insurer or insurers,
 provided any such insurer shall execute and file in the  office  of  the
 superintendent  a  written  application  for  the  permit  in  the  form
 prescribed by the superintendent, which application shall  contain  such
 information  as  he  may require and shall certify that the person named
 therein to be designated in the temporary permit is qualified by experi-
 ence and training to adjust claims  arising  under  insurance  contracts
 issued  by  any  insurer [and that such person shall adjust claims using
 cost data appropriate for the region of the state where such  person  is
 adjusting  claims].  The superintendent may in his discretion renew such
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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