Assembly Bill A11069

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   11069
 
                           I N  A S S E M B L Y
 
                              April 24, 2026
                                ___________
 
 Introduced  by M. of A. DILAN -- read once and referred to the Committee
   on Insurance
 
 AN ACT to amend the insurance law, in relation  to  the  use  of  aerial
   images for the purposes of homeowners' insurance
 
   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  3463
 to read as follows:
   §  3463.  USE  OF  AERIAL IMAGES IN HOMEOWNERS' INSURANCE. (A) FOR THE
 PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE  THE  FOLLOWING
 MEANINGS:
   (1) "COVERED POLICY" MEANS:
   (A)  A PERSONAL LINES INSURANCE POLICY, AS DEFINED IN PARAGRAPH TWO OF
 SUBSECTION (A) OF SECTION THREE THOUSAND  FOUR  HUNDRED  TWENTY-FIVE  OF
 THIS ARTICLE; OR
   (B)  A  COMMERCIAL LINES INSURANCE POLICY, AS DEFINED IN PARAGRAPH ONE
 OF SUBSECTION (A) OF SECTION THREE THOUSAND FOUR HUNDRED  TWENTY-SIX  OF
 THIS ARTICLE.
   (2)  "INSURED  INDIVIDUAL"  MEANS  AN  INDIVIDUAL ENTITLED TO COVERAGE
 UNDER A COVERED POLICY.
   (3) "INSURER" MEANS THE NEW YORK PROPERTY UNDERWRITING ASSOCIATION  OR
 ANY  OTHER  PROPERTY/CASUALTY INSURANCE COMPANY, AS DEFINED IN PARAGRAPH
 FIVE OF SUBSECTION (A) OF SECTION ONE THOUSAND THREE HUNDRED TWENTY-FOUR
 OF THIS CHAPTER, PROVIDING A COVERED POLICY TO AN INSURED INDIVIDUAL.
   (4) "ADVERSE DECISION" MEANS CANCELLATION OR NONRENEWAL  OF  COVERAGE,
 REDUCTION  IN  COVERAGE,  OR  AN  INCREASE  IN PREMIUMS OF MORE THAN TEN
 PERCENT.
   (5) "AERIAL IMAGE" MEANS AN IMAGE OR VIDEO OF AN INSURED  INDIVIDUAL'S
 PROPERTY  CAPTURED  FROM  AN  AIRPLANE,  DRONE, HELICOPTER, OR ANY OTHER
 AIRBORNE DEVICE OR VEHICLE.
   (B) WHILE UTILIZING AERIAL IMAGES AS PART  OF  ITS  COVERAGE  DETERMI-
 NATION, AN INSURER SHALL:
   (1)  NOTIFY AN INSURED INDIVIDUAL IF ANY AERIAL IMAGES MAY BE TAKEN OR
 OBTAINED OF THE INSURED PROPERTY DURING THE POLICY PERIOD BY, ON  BEHALF
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD14748-01-6
 A. 11069                            2
 
 OF, OR IN SERVICE OF THE INSURER. NOTICE MUST BE PROVIDED AT LEAST ANNU-
 ALLY,  INCLUDING WITH THE INITIAL POLICY ISSUANCE AND UPON EACH RENEWAL;
 AND
   (2) PROVIDE ANY AERIAL IMAGES TAKEN OR OBTAINED OF THE INSURED PROPER-
 TY  TO THE INSURED INDIVIDUAL UPON REQUEST WITHIN THIRTY DAYS OF RECEIV-
 ING THAT REQUEST. INSTRUCTIONS ON HOW TO REQUEST THE IMAGES AND A  POINT
 OF  CONTACT  MUST  BE  PROVIDED  AT  LEAST  ANNUALLY, INCLUDING WITH THE
 INITIAL POLICY ISSUANCE AND UPON EACH RENEWAL.
   (C) IF AN INSURER BASES AN ADVERSE DECISION IN WHOLE OR IN PART ON  AN
 AERIAL IMAGE, THEY SHALL:
   (1)  INCLUDE  IN  ANY  NOTICE  OF  AN ADVERSE DECISION COPIES OF DATE-
 STAMPED AERIAL IMAGES OF THE PROPERTY SHOWING  THE  SPECIFIC  CONDITIONS
 THAT  DO  NOT  MEET THE INSURER'S UNDERWRITING GUIDELINES, REGARDLESS OF
 WHETHER THE CONDITION WAS CAUSED BY THE INSURED;
   (2) PROVIDE A PROCESS FOR APPEAL IN CASE OF ERROR. THE  PROCESS  SHALL
 ALLOW  AN  INSURED  INDIVIDUAL  TO  REQUEST  THAT THE INSURER CONDUCT AN
 IN-PERSON PHYSICAL INSPECTION OF THE PROPERTY TO  VERIFY  THE  ACCURACY,
 PERSISTENCE,  AND  VALIDITY  OF THE CONDITIONS PERTAINING TO THE ADVERSE
 DECISION. THE INSURER MUST INCLUDE IN ANY NOTICE OF AN ADVERSE  DECISION
 THE NECESSARY STEPS FOR AN APPEAL AND A POINT OF CONTACT. THE RESULTS OF
 AN  ADVERSE DECISION SHALL NOT TAKE EFFECT UNTIL THE APPEALS PROCESS HAS
 CONCLUDED;
   (3) PROVIDE A PROCESS FOR REMEDIATION. THE INSURER SHALL INCLUDE  WITH
 AN  ADVERSE DECISION WHAT, IF ANY, REMEDIAL STEPS THE PROPERTY OWNER CAN
 TAKE TO REVERSE THE INSURER'S DECISION, INCLUDING THE SPECIFIC STANDARDS
 THAT ANY REPAIRS MUST ADHERE TO AND  WHETHER  THE  REPAIRS  ARE  COVERED
 UNDER  THE  POLICY.  THE  INSURANCE  COMPANY SHALL PROVIDE THE INSURED A
 MINIMUM OF SIXTY DAYS TO CURE THE IDENTIFIED DEFECTS OR CONDITIONS  FROM
 THE  DATE  THE  INSURER  NOTIFIES THE INSURED OF THE SPECIFIC CONDITIONS
 REQUIRING REMEDIATION;
   (4) OFFER A RENEWAL  POLICY  TO  A  PROPERTY  OWNER  WHO  SUCCESSFULLY
 APPEALS  SUBJECT  TO  PARAGRAPH  TWO  OF  THIS  SUBSECTION OR REMEDIATES
 SUBJECT TO PARAGRAPH THREE OF THIS SUBSECTION; AND
   (5) NOT BASE ANY ADVERSE DECISION ON AN AERIAL IMAGE TAKEN  MORE  THAN
 ONE HUNDRED EIGHTY DAYS PRIOR TO SUCH DECISION.
   (D)  THIS  SECTION  SHALL NOT BE CONSTRUED TO AUTHORIZE AERIAL IMAGING
 THAT IS OTHERWISE PROHIBITED UNDER LAW.
   (E) THE SUPERINTENDENT SHALL PROMULGATE RULES OR REGULATIONS AS APPRO-
 PRIATE TO CARRY OUT THE PROVISIONS OF THIS SECTION.
   § 2. This act shall take effect one year after it shall have become  a
 law  and  shall  apply  to any policy issued, amended, or renewed on and
 after such effective date.