Assembly Bill A9390

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9390
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             December 19, 2025
                                ___________
 
 Introduced by M. of A. BERGER -- read once and referred to the Committee
   on Insurance
 
 AN  ACT  to  amend  the insurance law, in relation to prohibiting public
   adjusters from contacting certain persons regarding  a  property  that
   has sustained damage from a damaging event within seventy-two hours of
   such damaging event

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 2108 of the insurance law is amended  by  adding  a
 new subsection (t) to read as follows:
   (T)  (1)  FOR  THE PURPOSES OF THIS SUBSECTION, "DAMAGING EVENT" SHALL
 MEAN ANY NATURAL OR HUMAN-MADE OCCURRENCE  THAT  RESULTS  IN  DAMAGE  TO
 RESIDENTIAL  OR COMMERCIAL PROPERTY, INCLUDING BUT NOT LIMITED TO DAMAGE
 OR DESTRUCTION CAUSED BY FLOOD,  HIGH  WATER,  WAVE  ACTION,  LANDSLIDE,
 MUDSLIDE,  EARTHQUAKE,  FIRE,  TORNADO, HURRICANE, CYCLONE, WINDSTORM OR
 OTHER STORM, INFESTATION,  WATER  CONTAMINATION,  EXPLOSION,  STRUCTURAL
 COLLAPSE, TOXIC RELEASE, OR MECHANICAL FAILURE.
   (2)  NO PUBLIC ADJUSTER, OR ANY REPRESENTATIVE THEREOF, SHALL INITIATE
 CONTACT WITH, SOLICIT, OR APPROACH ANY PERSON  KNOWN  TO  BE  AN  OWNER,
 OCCUPANT, TENANT, OR OTHER AFFECTED PARTY OF A RESIDENTIAL OR COMMERCIAL
 PROPERTY  THAT  HAS SUSTAINED DAMAGE FROM A DAMAGING EVENT WITHIN SEVEN-
 TY-TWO HOURS AFTER SUCH EVENT HAS BEEN REPORTED TO LOCAL AUTHORITIES.
   (3) DURING SUCH SEVENTY-TWO-HOUR PERIOD, NO PUBLIC  ADJUSTER,  OR  ANY
 REPRESENTATIVE  THEREOF,  SHALL  COME  WITHIN  TWO  HUNDRED  FEET OF THE
 AFFECTED PROPERTY OR PREMISES, NOR WITHIN SUCH DISTANCE  OF  ANY  PERSON
 KNOWN  TO  BE AN OWNER, OCCUPANT, OR TENANT THEREOF, EXCEPT AS EXPRESSLY
 AUTHORIZED IN WRITING BY THE INSURED OR PROPERTY OWNER.
   (4) ANY INDIVIDUAL WHO IS APPROACHED OR SOLICITED BY A  PUBLIC  ADJUS-
 TER,  OR  ANY  REPRESENTATIVE  THEREOF, WITHIN SEVENTY-TWO HOURS AFTER A
 DAMAGING EVENT AFFECTING THEIR PROPERTY SHALL NOT BE LIABLE FOR ANY FEE,
 COMMISSION, OR CHARGE RELATED THERETO. ANY FEES ALREADY PAID UNDER  SUCH
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14014-02-5
              

 A. 9390                             2
 
 CIRCUMSTANCES SHALL BE SUBJECT TO FULL REIMBURSEMENT UPON REQUEST BY THE
 INDIVIDUAL.
   (5) PRIOR TO ENGAGING IN ANY ADJUSTING ACTIVITY RELATING TO A DAMAGING
 EVENT  AFFECTING RESIDENTIAL OR COMMERCIAL PROPERTY, EVERY PUBLIC ADJUS-
 TER, OR ANY REPRESENTATIVE THEREOF, SHALL PROVIDE WRITTEN NOTICE TO  THE
 AFFECTED OWNERS, OCCUPANTS, OR TENANTS INFORMING THEM OF: (A) THE PROHI-
 BITIONS  SET  FORTH  IN THIS SUBSECTION, INCLUDING THEIR RIGHT NOT TO BE
 CONTACTED WITHIN SEVENTY-TWO HOURS FOLLOWING A DAMAGING EVENT; (B) THEIR
 RIGHT TO REIMBURSEMENT OF ANY FEES PAID IN VIOLATION  THEREOF;  AND  (C)
 THAT  HIRING  A  PUBLIC  ADJUSTER MEANS THE INSURER WILL DIRECT COMMUNI-
 CATIONS ABOUT THE CLAIM TO THE ADJUSTER, OR ANY REPRESENTATIVE  THEREOF,
 RATHER  THAN  TO THE INSURED. SUCH NOTICE SHALL BE PROVIDED IN CLEAR AND
 CONSPICUOUS LANGUAGE, IN A FORM PRESCRIBED BY THE SUPERINTENDENT.
   § 2. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.