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Assembly Bill A9390B

2025-2026 Legislative Session

Prohibits public adjusters from contacting certain persons regarding a property that has sustained damage from a damaging event within forty-eight hours of such damaging event

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Current Bill Status - In Senate Committee Insurance Committee

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Bill Amendments

2025-A9390 - Details

See Senate Version of this Bill:
S9082
Current Committee:
Senate Insurance
Law Section:
Insurance Law
Laws Affected:
Amd §2108, Ins L

2025-A9390 - Summary

Prohibits public adjusters from initiating contact with, soliciting, or approaching owners, occupants, tenants, or other affected parties regarding commercial or residential property that has sustained damage from a damaging event within forty-eight hours following such damaging event; establishes reimbursement and written notice requirements for such adjusters.

2025-A9390 - Bill Text download pdf 

                             
                     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

2025-A9390A - Details

See Senate Version of this Bill:
S9082
Current Committee:
Senate Insurance
Law Section:
Insurance Law
Laws Affected:
Amd §2108, Ins L

2025-A9390A - Summary

Prohibits public adjusters from initiating contact with, soliciting, or approaching owners, occupants, tenants, or other affected parties regarding commercial or residential property that has sustained damage from a damaging event within forty-eight hours following such damaging event; establishes reimbursement and written notice requirements for such adjusters.

2025-A9390A - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  9390--A
 
                        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  -- recommitted to the Committee on Insurance in accord-
   ance with Assembly Rule  3,  sec.  2  --  committee  discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee

 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 FOLLOWING SUCH EVENT.
   (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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14014-03-6
 A. 9390--A                          2

co-Sponsors

2025-A9390B (ACTIVE) - Details

See Senate Version of this Bill:
S9082
Current Committee:
Senate Insurance
Law Section:
Insurance Law
Laws Affected:
Amd §2108, Ins L

2025-A9390B (ACTIVE) - Summary

Prohibits public adjusters from initiating contact with, soliciting, or approaching owners, occupants, tenants, or other affected parties regarding commercial or residential property that has sustained damage from a damaging event within forty-eight hours following such damaging event; establishes reimbursement and written notice requirements for such adjusters.

2025-A9390B (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  9390--B
 
                        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  -- recommitted to the Committee on Insurance in accord-
   ance with Assembly Rule  3,  sec.  2  --  committee  discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee -- again reported from said  committee  with  amendments,  ordered
   reprinted as amended and recommitted to said committee
 
 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 forty-eight 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 FORTY-
 EIGHT HOURS FOLLOWING SUCH EVENT.
   (3) DURING SUCH FORTY-EIGHT-HOUR PERIOD, NO PUBLIC  ADJUSTER,  OR  ANY
 REPRESENTATIVE  THEREOF,  SHALL  COME  WITHIN  TWO  HUNDRED  FEET OF THE
 AFFECTED PROPERTY OR PREMISES EXCEPT AS EXPRESSLY AUTHORIZED IN  WRITING
 BY THE INSURED OR PROPERTY OWNER.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14014-05-6
 A. 9390--B                          2

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