Assembly Bill A9272

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9272
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             November 21, 2025
                                ___________
 
 Introduced by M. of A. HUNTER -- read once and referred to the Committee
   on Insurance
 
 AN  ACT  to  amend  the  insurance law, in relation to the use of aerial
   images by insurers
 
   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 article 92 to
 read as follows:
                                ARTICLE 92
                           USE OF AERIAL IMAGES
 SECTION 9201. LEGISLATIVE PURPOSE.
         9202. DEFINITIONS.
         9203. INSURERS' USE OF AERIAL IMAGES.
         9204. RULES.
   § 9201. LEGISLATIVE PURPOSE. THE PURPOSE OF THIS ARTICLE IS  TO  HONOR
 CONSUMER'S  TRADITIONAL  RIGHTS WITH REGARD TO PROPERTY INSURANCE IN THE
 FACE OF ADVANCING AERIAL TECHNOLOGIES.
   § 9202. DEFINITIONS. AS USED IN  THIS  ARTICLE,  THE  FOLLOWING  TERMS
 SHALL HAVE THE FOLLOWING MEANINGS:
   (A)  "AERIAL  IMAGE"  MEANS  AN  IMAGE  OF  A NAMED INSURED'S PROPERTY
 CAPTURED FROM AN AIRBORNE PLATFORM.
   (B) "NON-RENEWAL" MEANS A TERMINATION OF PROPERTY  INSURANCE  COVERAGE
 THAT OCCURS AT THE END OF THE POLICY TERM.
   (C) "RENEWAL" MEANS:
   (1)  THE  ISSUANCE  AND  DELIVERY BY AN INSURER AT THE END OF A POLICY
 PERIOD OF A POLICY SUPERSEDING A POLICY PREVIOUSLY ISSUED AND  DELIVERED
 BY THE SAME INSURER; OR
   (2) THE ISSUANCE AND DELIVERY OF A CERTIFICATE OR NOTICE EXTENDING THE
 TERM OF AN EXISTING POLICY BEYOND ITS POLICY PERIOD OR TERM.
   §  9203.  INSURERS' USE OF AERIAL IMAGES. WHEN UTILIZING AERIAL IMAGES
 AS PART OF ITS COVERAGE DETERMINATIONS, AN INSURER SHALL:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13852-02-5
              

 A. 9272                             2
 
   (A) ENSURE THAT A NON-RENEWAL NOTICE INCLUDE  COPIES  OF  DATE-STAMPED
 IMAGES OF THE PROPERTY THAT SHOW THE SPECIFIC CONDITIONS THAT ARE OUT OF
 COMPLIANCE WITH THE INSURER'S UNDERWRITING GUIDELINES AND WHAT STEPS THE
 PROPERTY  OWNER  CAN TAKE TO REVERSE THE INSURER'S DECISION. PHOTOS MUST
 HAVE BEEN TAKEN WITHIN THE PAST TWELVE MONTHS.
   (B)  ESTABLISH  A POINT OF CONTACT AND A PROCESS FOR CURRENTLY INSURED
 PROPERTY OWNERS TO USE TO PROVIDE DOCUMENTATION  OF  COMPLETION  OF  THE
 REQUIRED  WORK  THAT THE INSURER COMMUNICATES TO THE INSURED PURSUANT TO
 SUBSECTION (A) OF THIS SECTION. SUCH DOCUMENTATION SHALL BE USED BY  THE
 INSURER IN CONSIDERING WHETHER TO UPHOLD OR REVERSE THE NON-RENEWAL.
   (C) ESTABLISH AN APPEAL PROCESS SO THE CONSUMER CAN CORRECT ANY ERRORS
 OR MISUNDERSTANDINGS RELATED TO THE NON-RENEWAL.
   (D)  PROVIDE  THE  NAMED  INSURED A TIME PERIOD CONSISTENT WITH NOTICE
 REQUIREMENTS SET FORTH IN SECTION THREE THOUSAND  FOUR  HUNDRED  TWENTY-
 FIVE OF THIS CHAPTER TO CURE THE DEFECTS/CONDITIONS UNDERLYING A NON-RE-
 NEWAL  FROM THE DATE THE INSURER IDENTIFIES THE SPECIFIC CONDITIONS.  AN
 INSURER SHALL HAVE THE RIGHT TO ASSESS THE WORK USED TO CORRECT  DEFECTS
 TO  DETERMINE AND ENSURE THEY HAVE BEEN CORRECTED IN A MANNER THAT MEETS
 THE STANDARDS ORIGINALLY COMMUNICATED BY THE INSURER IN  SUBSECTION  (A)
 OF  THIS  SECTION.  SHOULD  THE  INSURER DETERMINE THAT THE WORK DID NOT
 CORRECT THE DEFECTS, THE INSURER SHALL NOTIFY THE NAMED INSURED THAT THE
 NON-RENEWAL SHALL BE UPHELD.
   (E) OFFER A RENEWAL POLICY TO A CONSUMER WHO SUBMITS PROOF  THAT  THEY
 HAVE  CURED  THE DEFECTS OR CONDITIONS IDENTIFIED PURSUANT TO SUBSECTION
 (A) OF THIS SECTION. PROVIDED HOWEVER, AN  INSURER  MAY  CHOOSE  NOT  TO
 RENEW  THE  POLICY  IN  QUESTION  AFTER DEFECTS OR CONDITIONS IDENTIFIED
 PURSUANT TO SUBSECTION (A) OF THIS SECTION HAVE BEEN CURED, BUT ONLY FOR
 A REASON UNRELATED TO SUCH DEFECTS OR CONDITIONS.
   § 9204. RULES. THE SUPERINTENDENT SHALL PROMULGATE ALL RULES AND REGU-
 LATIONS NECESSARY FOR THE IMPLEMENTATION OF THIS ARTICLE.
   § 2.  This act shall take effect on  the  one  hundred  eightieth  day
 after  it  shall have become a law. Effective immediately, the addition,
 amendment and/or repeal of any rule  or  regulation  necessary  for  the
 implementation  of  this  act on its effective date are authorized to be
 made and completed on or before such effective date.