S T A T E O F N E W Y O R K
________________________________________________________________________
8178
I N S E N A T E
April 13, 2020
___________
Introduced by Sen. MAYER -- read twice and ordered printed, and when
printed to be committed to the Committee on Insurance
AN ACT in relation to requiring certain perils be covered under business
interruption insurance during the coronavirus disease 2019 (COVID-19)
pandemic
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. (a) Notwithstanding any provisions of law, rule or regu-
lation to the contrary, every policy of insurance insuring against loss
or damage to property, which includes the loss of use and occupancy and
business interruption, shall be construed to include among the covered
perils under that policy, coverage for business interruption during a
period of a declared state emergency due to the coronavirus disease 2019
(COVID-19) pandemic.
(b) The coverage required by this section shall indemnify the insured,
subject to the limits under the policy, for any loss of business or
business interruption for the duration of a period of a declared state
emergency due to the coronavirus disease 2019 (COVID-19) pandemic.
(c) This section shall apply to policies issued to insureds with less
than 100 eligible employees in force on the effective date of this act.
"Eligible employee" means a full-time employee who works a normal work
week of 25 or more hours.
§ 2. (a) An insurer which indemnifies an insured who has filed a claim
pursuant to section one of this act may apply to the superintendent of
financial services for relief and reimbursement by the department from
funds collected and made available for this purpose as provided in
section three of this act.
(b) The superintendent of financial services shall establish proce-
dures for the submission and qualification of claims by insurers which
are eligible for reimbursement pursuant to this act. The superintendent
of financial services shall incorporate in these procedures such stand-
ards as are necessary to protect against the submission of fraudulent
claims by insureds, and appropriate safeguards for insurers to employ in
the review and payment of such claims.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD16053-01-0
S. 8178 2
§ 3. (a) The superintendent of financial services is authorized to
impose upon, distribute among, and collect from the companies engaged in
business pursuant to the insurance law, such additional amounts as may
be necessary to recover the amounts paid to insurers pursuant to section
two of this act.
(b) The additional special purpose apportionment authorized pursuant
to subdivision (a) of this section shall be distributed in the propor-
tion that the net written premiums received by each company subject to
the apportionment authorized by this section for insurance written or
renewed on risks in this state during the calendar year immediately
preceding, bears to the sum total of all such net written premiums
received by all companies writing that insurance or coverage within the
state during that calendar year, as reported.
(c) For the purposes of this section, "net written premiums received"
means gross direct premiums written, less return premiums thereon and
dividends credited or paid to policyholders, as reported on the compa-
ny's annual financial statement.
§ 4. This act shall take effect immediately, and shall be deemed to
have been in full force and effect on and after March 7, 2020 and shall
apply to insurance policies in force on that date.