S T A T E O F N E W Y O R K
________________________________________________________________________
3501
2019-2020 Regular Sessions
I N S E N A T E
February 8, 2019
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Introduced by Sens. BRESLIN, SEWARD -- read twice and ordered printed,
and when printed to be committed to the Committee on Insurance
AN ACT to amend the insurance law, in relation to requiring the super-
intendent of financial services to promulgate regulations which
provide standardized definitions for commonly used terms and phrases
in certain insurance policies
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 3425 of the insurance law is amended by adding a
new subsection (t) to read as follows:
(T) WITHIN SIX MONTHS AFTER THE EFFECTIVE DATE OF THIS SUBSECTION, THE
SUPERINTENDENT SHALL PROMULGATE REGULATIONS IN ACCORDANCE WITH SECTION
TWO HUNDRED TWO OF THE STATE ADMINISTRATIVE PROCEDURE ACT WHICH PROVIDE
STANDARDIZED DEFINITIONS FOR COMMONLY USED TERMS AND PHRASES IN POLICIES
THAT PROVIDE COVERAGE FOR PERSONAL LINES INSURANCE AS DEFINED IN PARA-
GRAPH TWO OF SUBSECTION (A) OF THIS SECTION. SUCH STANDARDIZED TERMS AND
PHRASES SHALL BE USED IN SUCH POLICIES ISSUED OR DELIVERED IN THIS STATE
ON OR AFTER THE DATE THE REGULATIONS ARE FINALIZED, WHICH SHALL BE NO
LATER THAN JANUARY FIRST, TWO THOUSAND TWENTY-ONE. AN INSURER MAY USE
ALTERNATIVE DEFINITIONS, SO LONG AS SUCH DEFINITIONS ARE NOT ANY LESS
FAVORABLE TO THE POLICYHOLDER OR CLAIMANT, AS DETERMINED BY THE SUPER-
INTENDENT.
§ 2. Section 3426 of the insurance law is amended by adding a new
subsection (p) to read as follows:
(P) WITHIN SIX MONTHS AFTER THE EFFECTIVE DATE OF THIS SUBSECTION, THE
SUPERINTENDENT SHALL PROMULGATE REGULATIONS IN ACCORDANCE WITH SECTION
TWO HUNDRED TWO OF THE STATE ADMINISTRATIVE PROCEDURE ACT WHICH PROVIDE
STANDARDIZED DEFINITIONS FOR COMMONLY USED TERMS AND PHRASES IN POLICIES
THAT PROVIDE COVERAGE FOR COMMERCIAL LINES INSURANCE POLICIES THAT COVER
LOSS OR DAMAGE TO REAL PROPERTY, PERSONAL PROPERTY, OR OTHER LIABILITIES
FOR LOSS OR DAMAGE TO PROPERTY. SUCH STANDARDIZED TERMS AND PHRASES
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01962-01-9
S. 3501 2
SHALL BE USED IN SUCH POLICIES ISSUED OR DELIVERED IN THIS STATE ON OR
AFTER THE DATE THE REGULATIONS ARE FINALIZED, WHICH SHALL BE NO LATER
THAN JANUARY FIRST, TWO THOUSAND TWENTY-ONE. AN INSURER MAY USE ALTER-
NATIVE DEFINITIONS, SO LONG AS SUCH DEFINITIONS ARE NOT ANY LESS FAVORA-
BLE TO THE POLICYHOLDER OR CLAIMANT, AS DETERMINED BY THE SUPERINTEN-
DENT.
§ 3. This act shall take effect immediately.