S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8262
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                               May 28, 2025
                                ___________
 
 Introduced  by  Sen.  BAILEY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Insurance
 
 AN ACT to amend the insurance law, in relation to improving transparency
   in  the  insurance  claims  process,  regulating  insurance  adjusting
   professionals,  instituting  licensing standards for insurance profes-
   sionals, ensuring timely responses to insurance claims, and  enhancing
   policyholder protections
 
   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.  PERIOD OF RESTORATION. (A) FOR THE PURPOSES OF THIS SECTION,
 THE TERM "PERIOD OF RESTORATION" SHALL MEAN:
   (1) THE PERIOD BEGINNING ON THE DATE OF LOSS;
   (2) THE PERIOD WHICH INCLUDES ANY ACTUAL TIME  NECESSARY  TO  INSPECT,
 EVALUATE  AND  ASSESS  THE  DAMAGES,  OBTAIN  PERMITS, RECEIVE FUNDS AND
 REPAIR OR REPLACE DAMAGED PROPERTY IN  COMPLIANCE  WITH  LOCAL  BUILDING
 CODES AND INDUSTRY STANDARDS;
   (3)  THE  PERIOD  WHICH  INCLUDES  ANY  DELAYS  CAUSED BY THE INSURER,
 INCLUDING FAILURE TO COMPLETE INVESTIGATIONS OR UNREASONABLE  DELAYS  IN
 CLAIM HANDLING; AND
   (4)  THE PERIOD ENDING NO EARLIER THAN UPON ISSUANCE OF PAYMENT OF THE
 ACTUAL CASH VALUE AND REPLACEMENT COST VALUE OF THE PROPERTY  INCLUDING,
 WHERE  APPLICABLE,  THE  ISSUANCE OF PAYMENT FROM THE APPRAISAL AWARD OR
 THE MORTGAGE HOLDER.
   (B) AN INSURER THAT ISSUES OR DELIVERS  IN  THIS  STATE  A  POLICY  OF
 INSURANCE  COVERING LOSS OF OR DAMAGE TO REAL PROPERTY SHALL PROVIDE ANY
 SERVICES SPECIFIED IN SUCH POLICY, INCLUDING BUT NOT LIMITED TO COVERAGE
 FOR ADDITIONAL LIVING EXPENSES, LOSS OF USE, FAIR RENTAL VALUE OR  BUSI-
 NESS INTERRUPTION, FOR THE ENTIRE PERIOD OF RESTORATION.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11947-01-5
 S. 8262                             2
              

 
   (C)  A  VIOLATION  OF  THIS  SECTION  SHALL  BE  SUBJECT  TO PENALTIES
 DESCRIBED IN SECTION ONE HUNDRED NINE OF THIS CHAPTER, CIVIL  ACTION  BY
 THE  POLICYHOLDER FOR ANY DAMAGES SUSTAINED DUE TO THE VIOLATION OF THIS
 SECTION, AND IF IT IS FOUND, AFTER  NOTICE  AND  AN  OPPORTUNITY  TO  BE
 HEARD, THAT AN INSURER HAS VIOLATED THIS SECTION, THE SUPERINTENDENT MAY
 REVOKE  AN  EXISTING LICENSE TO DO BUSINESS IN THIS STATE AND MAY REFUSE
 TO ISSUE OR RENEW A LICENSE TO DO BUSINESS IN THE STATE.
   § 2. The insurance law is amended by adding a new section 3464 to read
 as follows:
   § 3464. REAL PROPERTY CLAIM PROCESSING REQUIREMENTS. (A) NOTWITHSTAND-
 ING ANY OTHER PROVISION OF LAW TO THE CONTRARY, AN INSURER  THAT  ISSUES
 OR  DELIVERS  IN  THIS  STATE  A POLICY OF INSURANCE COVERING LOSS OF OR
 DAMAGE TO REAL PROPERTY SHALL:
   (1) UPON THE SUBMISSION OF A CLAIM:
   (A) ACKNOWLEDGE RECEIPT OF SUCH CLAIM WITHIN FIVE BUSINESS DAYS.
   (B) PROVIDE AN ELECTRONIC COPY OF THE POLICYHOLDER'S ENTIRE  INSURANCE
 POLICY,  INCLUDING, BUT NOT LIMITED TO, ALL FORMS AND ENDORSEMENTS AND A
 LETTER, WRITTEN CLEARLY AND IN PLAIN LANGUAGE,  OUTLINING  POLICY  BENE-
 FITS, COVERAGES, TIME LIMITS, EXCLUSIONS REGARDING STRUCTURES AND CONDI-
 TIONS  AND ANY OTHER PROVISIONS OF THE POLICY WITHIN THIRTY DAYS OF SUCH
 CLAIM BEING SUBMITTED.
   (2) WITHIN SIXTY DAYS OF THE SUBMISSION OF A CLAIM, ISSUE AN ESTIMATED
 INSURANCE PAYOUT INCLUDING AN  ESTIMATE  OF  DAMAGES  WITH  SUPPORT  AND
 REASONING FOR ANY COST ASSESSMENTS.
   (3)  WHERE A PRIMARY RESIDENCE COVERED UNDER SUCH POLICY OR ANY ENTIRE
 ROOM THEREOF IS DEEMED A TOTAL LOSS OR IS INACCESSIBLE DUE TO STRUCTURAL
 DAMAGE, ACCEPT THE INVENTORY OF SUCH RESIDENCE OR ROOM IN A  FORM  WHICH
 CONTAINS  SUBSTANTIALLY  THE  SAME  INFORMATION  AS A FORM ISSUED BY THE
 INSURER FOR SUCH PURPOSES WHICH INCLUDES CATEGORIES  OF  TYPE  OF  ITEMS
 LOST  WITH  THE  COSTS, ACTUAL CASH VALUE AND AMOUNT OF LOSS CLAIMED FOR
 SUCH CATEGORIES.
   (4) WHEN DISPUTING ANY PART, CATEGORY, OR  ITEM  OF  AN  INVENTORY  OF
 DESTROYED,  DAMAGED  AND UNDAMAGED PROPERTY, PROVIDE A DETAILED EXPLANA-
 TION OF WHY EACH SUCH PART, CATEGORY, OR ITEM IS IN DISPUTE.
   (5) NOT DENY OR DELAY A CLAIM SETTLEMENT ON THE BASIS  THAT  RESPONSI-
 BILITY  FOR PAYMENT SHOULD BE ASSUMED BY ANOTHER PERSON, PARTY, OR ENTI-
 TY.
   (6) MAINTAIN A COMPLETE AND UNALTERED RECORD OF ALL  VERSIONS  OF  ALL
 REPORTS,  PICTURES, APPRAISALS, ESTIMATES, RECOMMENDATIONS, DESCRIPTIONS
 OF WORK PERFORMED, RESULTS OF TESTS CONDUCTED, AND DETAILED DESCRIPTIONS
 OF WHY ANY SUCH CLAIM WAS DENIED OR REDUCED WHICH SHALL BE  MADE  AVAIL-
 ABLE TO THE POLICYHOLDER UPON REQUEST.
   (7) REQUIRE ALL ADJUSTERS UNDERGO MANDATORY TRAINING ON ALL APPLICABLE
 LAWS  AND  REGULATIONS  OF  BEING AN ADJUSTER. SUCH TRAINING SHALL BE IN
 COMPLIANCE WITH REQUIREMENTS ESTABLISHED BY THE DEPARTMENT  WHICH  SHALL
 INCLUDE, BUT NOT BE LIMITED TO, CONDUCTING A TIMELY INVESTIGATION INTO A
 CLAIM,  PROVIDING  ADEQUATE  VERBAL  AND  WRITTEN COMMUNICATION WITH THE
 POLICYHOLDER, AND A DETAILED LIST OF ANY OTHER LAWS, RULES, REGULATIONS,
 GUIDELINES, AND STANDARDS ALL INSURERS AND  ADJUSTERS  ARE  REQUIRED  TO
 FOLLOW.  SUCH  TRAININGS SHALL ALSO INCLUDE A DETAILED COMPLIANCE CHECK-
 LIST TO ENSURE ADHERENCE TO SUCH LAWS, RULES,  REGULATIONS,  GUIDELINES,
 AND STANDARDS.
   (8)  CREATE  A  CLEAR  AND  ACCESSIBLE GRIEVANCE PROCEDURE THAT ALLOWS
 POLICYHOLDERS TO ESCALATE CONCERNS REGARDING CLAIMS HANDLING AND FACILI-
 TATE TIMELY RESOLUTIONS OF SUCH GRIEVANCES.
 S. 8262                             3
 
   (9) ESTABLISH A REVIEW BOARD OR INDEPENDENT BODY  SPECIFICALLY  TASKED
 WITH  ASSESSING  AND  ADDRESSING  COMPLAINTS  RELATED  TO ALLEGED UNFAIR
 CLAIMS PRACTICES.
   (10)  PERFORM  REVIEWS  AND  TAKE  CORRECTIVE  ACTIONS FOR FAILURES IN
 CLAIMS HANDLING PROCESSES IMMEDIATELY WHEN  PROFESSIONAL  STANDARDS  AND
 REGULATORY REQUIREMENTS ARE BREACHED.
   (11)  CONDUCT  REGULAR  AUDITS  TO ASSESS CLAIMS MANAGEMENT PRACTICES.
 WHERE SUCH AN AUDIT IDENTIFIES  DEFICIENCIES  IN  THE  INSURER'S  CLAIMS
 MANAGEMENT PRACTICES, THE INSURER SHALL TAKE IMMEDIATE ACTION TO CORRECT
 SUCH DEFICIENCIES.
   (B) WHERE AN INSURER REQUIRES ADDITIONAL TIME TO COMPLETE THE REQUIRE-
 MENTS OF THIS SECTION, THE INSURER SHALL PROVIDE THE INSURED WITH:
   (1)  A  WRITTEN EXPLANATION FOR THE DELAY WHICH SHALL INCLUDE, BUT NOT
 BE LIMITED TO, THE SPECIFIC REASONS FOR SUCH DELAY.
   (2) THE PARTIES INVOLVED IN THE DELAY.
   (3) A TIMELINE FOR COMPLETING THE REQUIREMENTS OF  THIS  SECTION  WITH
 SUCH DELAY.
   (C)  THE DEPARTMENT SHALL IMPLEMENT A SYSTEM FOR TRACKING AND MONITOR-
 ING OF DENIALS AND REDUCTIONS OF REAL PROPERTY INSURANCE CLAIMS.  INSUR-
 ERS SHALL PARTICIPATE IN SUCH SYSTEM AND SHALL ENSURE THE INFORMATION ON
 SUCH  SYSTEM  FOR ANY DENIALS OF REAL PROPERTY INSURANCE CLAIMS ON THEIR
 POLICIES IS ACCURATE. SUCH SYSTEM SHALL INCLUDE, BUT SHALL NOT BE LIMIT-
 ED TO, COMPREHENSIVE DOCUMENTATION FROM AND RATIONALE OF THE INSURER FOR
 ANY REAL ESTATE INSURANCE CLAIM DENIALS OR REDUCTIONS, THE  ABILITY  FOR
 THE  DEPARTMENT  TO  IDENTIFY  AND  INVESTIGATE POTENTIAL MISMANAGEMENT,
 UNSUPPORTED ASSERTIONS, AND IMPROPER POLICY LANGUAGE  INTERPRETATION  BY
 INSURERS, AND
   (D)  A  VIOLATION  OF  THIS  SECTION  SHALL  BE  SUBJECT  TO PENALTIES
 DESCRIBED IN SECTION ONE HUNDRED NINE OF THIS CHAPTER, CIVIL  ACTION  BY
 THE  POLICYHOLDER FOR ANY DAMAGES SUSTAINED DUE TO THE VIOLATION OF THIS
 SECTION, AND IF IT IS FOUND, AFTER  NOTICE  AND  AN  OPPORTUNITY  TO  BE
 HEARD, THAT AN INSURER HAS VIOLATED THIS SECTION, THE SUPERINTENDENT MAY
 REVOKE  AN  EXISTING LICENSE TO DO BUSINESS IN THIS STATE AND MAY REFUSE
 TO ISSUE OR RENEW A LICENSE TO DO BUSINESS IN THE STATE.
   § 3. The insurance law is amended by adding a new section 3465 to read
 as follows:
   § 3465. APPRAISALS. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO  THE
 CONTRARY  INCLUDING  SECTIONS  THIRTY-FOUR  HUNDRED FOUR AND THIRTY-FOUR
 HUNDRED EIGHT OF THIS ARTICLE RELATING TO THE  STANDARD  FIRE  INSURANCE
 POLICY OF THE STATE OF NEW YORK:
   (A)  AN  INSURER  THAT  ISSUES  OR  DELIVERS IN THIS STATE A POLICY OF
 INSURANCE COVERING LOSS OF OR DAMAGE TO REAL PROPERTY SHALL:
   (1) ONLY SELECT AN APPRAISER OR APPRAISAL MANAGEMENT COMPANY WHICH  IS
 COMPETENT  AND DISINTERESTED FOR AN APPRAISAL OF LOSS OR ESTIMATE OF THE
 COST OF DAMAGES.
   (2) NOT SELECT AN APPRAISER OR APPRAISAL  MANAGEMENT  COMPANY  FOR  AN
 APPRAISAL  OF  LOSS  OR  ESTIMATE  OF  THE  COST  OF  DAMAGES WHERE SUCH
 APPRAISER OR APPRAISAL  MANAGEMENT  COMPANY  WAS  INVOLVED  IN  A  PRIOR
 APPRAISAL  OF  LOSS,  ESTIMATE  OF THE COST OF DAMAGES, OR INITIAL CLAIM
 RELATING TO THE REAL PROPERTY WHICH IS THE SUBJECT OF SUCH APPRAISAL  OR
 ESTIMATE.
   (3)  PROVIDE A DETAILED, ITEMIZED LIST AND EXPLANATION OF ANY DISPUTED
 CLAIM OR ITEMS IN SUCH CLAIM TO THE INSURED AT LEAST TEN DAYS  PRIOR  TO
 REQUESTING AN APPRAISAL OF LOSS OR ESTIMATE OF THE COST OF DAMAGES.
   (B) AN INSURED SHALL:
 S. 8262                             4
 
   (1)  ONLY SELECT AN APPRAISER OR APPRAISAL MANAGEMENT COMPANY WHICH IS
 COMPETENT AND DISINTERESTED FOR AN APPRAISAL OF LOSS,  ESTIMATE  OF  THE
 COST OF DAMAGES, OR INITIAL CLAIM.
   (2)  NOT  SELECT  AN  APPRAISER OR APPRAISAL MANAGEMENT COMPANY FOR AN
 APPRAISAL OF LOSS, ESTIMATE OF THE COST OF  DAMAGES,  OR  INITIAL  CLAIM
 WHERE  SUCH  APPRAISER OR APPRAISAL MANAGEMENT COMPANY WAS INVOLVED IN A
 PRIOR APPRAISAL OF LOSS, ESTIMATE OF THE COST  OF  DAMAGES,  OR  INITIAL
 CLAIM  RELATING  TO  THE  REAL  PROPERTY  WHICH  IS  THE  SUBJECT OF THE
 APPRAISAL, ESTIMATE, OR CLAIM.
   (3) PROVIDE A DETAILED, ITEMIZED LIST AND EXPLANATION OF ANY  DISPUTED
 CLAIMS OR ITEMS IN SUCH CLAIMS TO THE INSURER AT LEAST TEN DAYS PRIOR TO
 REQUESTING AN APPRAISAL OF LOSS OR ESTIMATE OF THE COST OF DAMAGES.
   (C) (1) WHERE THE INSURER OR THE INSURED HAS REQUESTED AN APPRAISAL OF
 LOSS OR ESTIMATE OF THE COST OF DAMAGES, THE INSURED OR INSURER, RESPEC-
 TIVELY, SHALL SELECT AN APPRAISER OR APPRAISAL MANAGEMENT COMPANY WITHIN
 FIFTEEN BUSINESS DAYS OF SUCH REQUEST.
   (2)  WITHIN FIFTEEN DAYS OF BOTH THE INSURER AND THE INSURED SELECTING
 AN APPRAISER OR APPRAISAL MANAGEMENT COMPANY, A COMPETENT AND  DISINTER-
 ESTED UMPIRE SHALL BE SELECTED.
   (3)  WITHIN  THIRTY DAYS OF BOTH THE INSURER AND THE INSURED SELECTING
 AN APPRAISER OR APPRAISAL  MANAGEMENT  COMPANY,  THE  APPRAISERS  AND/OR
 APPRAISAL  MANAGEMENT  COMPANIES  SHALL SCHEDULE AN ONSITE INSPECTION AT
 THE LOSS LOCATION AND SHALL NOTIFY ALL PARTIES OF SUCH ONSITE INSPECTION
 DATE.
   (D) WITHIN SIXTY DAYS AFTER  THE  ONSITE  INSPECTION,  THE  APPRAISERS
 AND/OR  APPRAISAL  MANAGEMENT  COMPANIES  SHALL PROVIDE AN UPDATE ON THE
 STATUS OF THEIR NEGOTIATIONS. IF AN AGREEMENT HAS NOT BEEN REACHED WITH-
 IN SUCH SIXTY-DAY PERIOD,  THEN  AN  ADDITIONAL,  ONE  TIME,  THIRTY-DAY
 EXTENSION  CAN  BE  PROVIDED BEFORE THE APPRAISAL OF LOSS OR ESTIMATE OF
 THE COST OF DAMAGES IS ELEVATED TO THE  UMPIRE.  ALL  PARTIES  SHALL  BE
 NOTIFIED IF THE APPRAISAL IS ELEVATED TO THE UMPIRE.
   (E)  WITHIN  THIRTY  DAYS  OF THE APPRAISAL OF LOSS OR ESTIMATE OF THE
 COST OF DAMAGES BEING ELEVATED TO THE UMPIRE, THE UMPIRE SHALL PROVIDE A
 FINAL APPRAISAL OF LOSS OR ESTIMATE OF THE COST OF DAMAGES.
   (F) A VIOLATION OF THIS SECTION BY THE INSURER  SHALL  BE  SUBJECT  TO
 PENALTIES  DESCRIBED  IN SECTION ONE HUNDRED NINE OF THIS CHAPTER, CIVIL
 ACTION BY  THE  POLICYHOLDER  FOR  ANY  DAMAGES  SUSTAINED  DUE  TO  THE
 VIOLATION  OF  THIS  SECTION,  AND  IF  IT IS FOUND, AFTER NOTICE AND AN
 OPPORTUNITY TO BE HEARD, THAT AN INSURER HAS VIOLATED THIS SECTION,  THE
 SUPERINTENDENT  MAY  REVOKE  AN  EXISTING LICENSE TO DO BUSINESS IN THIS
 STATE AND MAY REFUSE TO ISSUE OR RENEW A LICENSE TO DO BUSINESS  IN  THE
 STATE.
   §  4.  Section  2107  of  the insurance law is amended by adding a new
 subsection (g) to read as follows:
   (G) NO PERSON SHALL ACT AS A BUILDING CONSULTANT ON  AN  APPRAISAL  OF
 LOSS  OR  ESTIMATE  OF  THE COST OF DAMAGES WITHOUT BEING LICENSED AS AN
 INSURANCE  BUILDING  CONSULTANT.  THE  SUPERINTENDENT  SHALL   ESTABLISH
 LICENSING REQUIREMENTS FOR INSURANCE BUILDING CONSULTANTS WHICH ACT AS A
 CONSULTANT  ON  AN  APPRAISAL OF LOSS OR ESTIMATE OF THE COST OF DAMAGES
 WHICH SHALL BE THE SAME REQUIREMENTS AS BEING LICENSED AS AN INDEPENDENT
 ADJUSTER OR PUBLIC ADJUSTER UNDER SECTION TWO THOUSAND ONE HUNDRED EIGHT
 OF THIS ARTICLE INCLUDING, BUT NOT  LIMITED  TO,  BONDING  REQUIREMENTS,
 CONTINUING EDUCATION REQUIREMENTS, AND ETHICAL STANDARDS.
   §  5.  Paragraphs  1, 2 and 3 of subsection (r) of section 2108 of the
 insurance law, as added by chapter 264 of the laws of 1998, are  amended
 to read as follows:
 S. 8262                             5
 
   (1)  The  following  continuing  education requirements shall apply to
 resident and non-resident persons licensed as public adjusters OR  INDE-
 PENDENT ADJUSTERS.
   (2)  Resident and non-resident persons licensed as public adjusters OR
 INDEPENDENT ADJUSTERS  and  any  person  previously  so  licensed  whose
 license  was  not in effect on the effective date of this subsection and
 who has subsequently been relicensed pursuant to the provisions of  this
 article,  shall  biennially  satisfactorily  complete  such  courses  or
 programs as may be approved by the superintendent, as follows:
   (A) Any person holding a license as a public adjuster  OR  INDEPENDENT
 ADJUSTERS  shall,  during each full biennial licensing period, satisfac-
 torily complete courses or programs of instruction or attend seminars as
 may be approved by the superintendent equivalent to fifteen credit hours
 of instruction.
   (B) During the same calendar year biennial licensing period, a  licen-
 see  may  use  accumulated  continuing  education  credits  to  meet the
 requirements of similar classes of licenses including  those  authorized
 by subsection (b) of section two thousand one hundred three, section two
 thousand  one  hundred  four,  section two thousand one hundred seven of
 this article with respect to general insurance consultants, and  section
 two  thousand  one  hundred eight of this article with respect to public
 adjusters OR INDEPENDENT ADJUSTERS.
   (C) Excess credit hours  accumulated  during  any  biennial  licensing
 period shall not carry forward to the next biennial licensing period for
 that same class of license.
   (3) (A) The courses or programs of instruction successfully completed,
 which shall be deemed to meet the superintendent's standards for contin-
 uing education shall be:
   (i) Courses, programs of instruction or seminars, approved as to meth-
 od and content by the superintendent, covering portions of the principal
 branches  of  insurance related to the kinds of insurance covered by the
 public adjusting license OR INDEPENDENT ADJUSTING LICENSE, and given  by
 a degree conferring college or university whose curriculum is registered
 with  the  state  education  department at the time the person takes the
 course, whether such course be given as part of such curriculum or sepa-
 rately, or by any other institution, association, trade  association  or
 insurer,  which  maintains equivalent standards of instruction and which
 shall have been approved for such purpose by the superintendent.
   (ii) Continuing education as required by the state in which a  non-re-
 sident  licensee  resides  and  maintains an office, provided the super-
 intendent  deems  them  equivalent  to  New  York  continuing  education
 requirements.  If  the  state in which the non-resident licensee resides
 and maintains an office has no continuing education requirements, or the
 superintendent does not deem them equivalent, the licensee must  satisfy
 New York continuing education requirements.
   (B)  The  number  of  credit  hours assigned to each of the courses or
 programs of instruction set forth in paragraph one  of  this  subsection
 shall be determined by the superintendent.
   §  6. Section 2108 of the insurance law is amended by adding three new
 subsections (t), (u) and (v) to read as follows:
   (T) PUBLIC ADJUSTERS SHALL BE ABLE TO CHARGE ANY REASONABLE  RATE  FOR
 SERVICES  RENDERED  BY  THE ADJUSTER. THE SUPERINTENDENT SHALL NOT LIMIT
 THE RATE A PUBLIC ADJUSTER MAY CHARGE FOR THEIR SERVICES.
   (U) THE SUPERINTENDENT SHALL CREATE A CODE OF ETHICS  WHICH  SHALL  BE
 ADHERED  TO  BY  EACH  INDEPENDENT ADJUSTER LICENSED UNDER THIS SECTION.
 SUCH CODE OF ETHICS SHALL INCLUDE, BUT NOT  BE  LIMITED  TO,  PREVENTING
 S. 8262                             6
 
 CONFLICTS  OF INTEREST AND IMPROPER INFLUENCE. ANY LICENSEE WHO VIOLATES
 THE  PROVISIONS  OF  THIS  SUBSECTION  SHALL  BE  SUBJECT  TO  PENALTIES
 DESCRIBED  IN SECTION ONE HUNDRED ONE OF THIS CHAPTER, CIVIL ACTION BY A
 POLICYHOLDER  FOR  ANY  DAMAGES  SUSTAINED  DUE TO THE VIOLATION OF THIS
 SECTION, AND IF IT IS FOUND, AFTER  NOTICE  AND  AN  OPPORTUNITY  TO  BE
 HEARD,  THAT  LICENSEE  HAS VIOLATED THIS SUBSECTION, THE SUPERINTENDENT
 MAY REVOKE AN EXISTING LICENSE AND  MAY  REFUSE  TO  ISSUE  OR  RENEW  A
 LICENSE.
   (V) (1) THE DEPARTMENT SHALL ISSUE TO EACH LICENSEE UNDER THIS SECTION
 AND  ADJUSTERS  WHO  ARE  EMPLOYED  BY AN INSURER A PHOTO IDENTIFICATION
 CARD.   SUCH CARDHOLDERS SHALL CARRY SUCH  CARD  ON  THEIR  PERSON  WHEN
 ACTING AS AN ADJUSTER. SUCH PHOTO IDENTIFICATION CARD SHALL INCLUDE, BUT
 NOT BE LIMITED TO, THE CARDHOLDER'S:
   (A) NAME.
   (B) PROFESSION.
   (C) LICENSE NUMBER, IF SUCH CARDHOLDER IS LICENSED.
   (D) LICENSE EXPIRATION DATE, IF SUCH CARDHOLDER IS LICENSED.
   (E) A UNIQUE IDENTIFICATION NUMBER ISSUED BY THE DEPARTMENT.
   (2)  ANY  CARDHOLDER  WHO  VIOLATES  THE PROVISIONS OF THIS SUBSECTION
 SHALL BE SUBJECT TO PENALTIES DESCRIBED IN SECTION ONE HUNDRED  NINE  OF
 THIS  CHAPTER,  CIVIL ACTION BY A POLICYHOLDER FOR ANY DAMAGES SUSTAINED
 DUE TO THE VIOLATION OF THIS SECTION, AND IF IT IS FOUND,  AFTER  NOTICE
 AND  AN  OPPORTUNITY  TO  BE  HEARD, THAT A CARDHOLDER HAS VIOLATED THIS
 SUBSECTION, THE SUPERINTENDENT MAY REVOKE AN EXISTING  LICENSE  AND  MAY
 REFUSE TO ISSUE OR RENEW A LICENSE.
   §  7.  The  insurance law is amended by adding a new section 2108-a to
 read as follows:
   § 2108-A. CLAIM FOR REAL PROPERTY DAMAGE; ENGINEERS  AND  TECHNICIANS.
 (A)  FOR  THE PURPOSES OF THIS SECTION, THE TERM "TECHNICIAN" SHALL MEAN
 ANY PERSON WHO PROVIDES PLUMBING, ELECTRICAL, HEATING,  COOLING,  VENTI-
 LATION,  ELECTRICS TESTING, ENGINEERING, BUILDING CONSULTING, INDUSTRIAL
 HYGIENE, AND OTHER SERVICES TO REAL PROPERTY.
   (B) INSURERS SHALL ONLY HIRE  PROFESSIONAL  ENGINEERS  LICENSED  UNDER
 ARTICLE  ONE  HUNDRED FORTY-FIVE OF THE EDUCATION LAW TO INSPECT, EVALU-
 ATE, ASSESS DAMAGES, PROVIDE OPINIONS, AND PROVIDE ANY OTHER SERVICES OF
 A PROFESSIONAL ENGINEER REGARDING REAL PROPERTY CLAIMS.  INSURERS  SHALL
 ONLY  PERMIT ENGINEERS WHO ARE ELIGIBLE TO RECEIVE AN ENGINEER IN TRAIN-
 ING IDENTIFICATION CARD UNDER SECTION SEVENTY-TWO  HUNDRED  SIX  OF  THE
 EDUCATION LAW TO EVALUATE, ASSESS DAMAGES, PROVIDE OPINIONS, AND PROVIDE
 ANY  ENGINEERING  SERVICES REGARDING REAL PROPERTY CLAIMS WHEN UNDER THE
 SUPERVISION AND IN THE PRESENCE OF A LICENSED PROFESSIONAL ENGINEER.
   (C) WHERE AN INSURER HIRES OR DIRECTS A TECHNICIAN TO INSPECT,  EVALU-
 ATE,  ASSESS  DAMAGES, PROVIDE OPINIONS, AND PROVIDE OTHER SERVICES OF A
 TECHNICIAN ON THE REAL PROPERTY WHICH IS THE SUBJECT  OF  A  CLAIM,  THE
 INSURER SHALL:
   (1)  INFORM  THE POLICYHOLDER OF THE NAME, ROLE, TITLE, AND COMPANY OF
 THE TECHNICIAN WHO WILL BE PROVIDING SERVICES ON SUCH REAL PROPERTY.
   (2) REQUIRE THE TECHNICIAN TO:
   (A) PROVIDE THE POLICYHOLDER WITH A CERTIFICATE OF  INSURANCE  LISTING
 THE POLICYHOLDER AS AN ADDITIONALLY INSURED PARTY.
   (B)  PROVIDE  THE  NAME,  ROLE,  TITLE,  AND  COMPANY  OF  ANY  PERSON
 CONTRACTED BY THE TECHNICIAN TO PROVIDE SERVICES ON SUCH REAL PROPERTY.
   (C) IDENTIFY THEMSELVES TO THE POLICYHOLDER AND ANY OTHER PARTY TO THE
 CLAIM WHEN PROVIDING SERVICES OF A TECHNICIAN  FOR  SUCH  REAL  PROPERTY
 WITH  THEIR  NAME,  ROLE,  TITLE, COMPANY, AND THE NAME OF WHO HIRED THE
 TECHNICIAN TO PROVIDE SUCH SERVICES.
 S. 8262                             7
 
   (D) MAINTAIN, IN CONJUNCTION WITH THE INSURER, A  COMPLETE  AND  UNAL-
 TERED RECORD OF ALL VERSIONS OF ALL REPORTS, PICTURES, APPRAISALS, ESTI-
 MATES,  RECOMMENDATIONS,  WORK  PERFORMED, TESTS CONDUCTED, AND SERVICES
 PROVIDED WHICH SHALL BE MADE AVAILABLE TO THE POLICYHOLDER UPON REQUEST.
   (3)  IDENTIFY ANY CHANGES MADE TO THE APPRAISAL OF LOSS OR ESTIMATE OF
 THE COST OF DAMAGES, IDENTIFY WHO MADE THE DECISION TO MAKE SUCH CHANGE,
 AND PROVIDE A DETAILED EXPLANATION AS TO WHY SUCH CHANGE WAS MADE.
   (D) ANY REPORT REGARDING A REAL PROPERTY CLAIM SUBMITTED BY A  TECHNI-
 CIAN  WHO  INSPECTED, EVALUATED, ASSESSED DAMAGES, PROVIDED OPINIONS, OR
 PROVIDED OTHER SERVICES OF A TECHNICIAN ON THE REAL  PROPERTY  WHICH  IS
 THE  SUBJECT  OF  THE CLAIM SHALL BE SIGNED BY SUCH TECHNICIAN AND SHALL
 INCLUDE THE NAME, ROLE, TITLE, AND COMPANY OF ANY OTHER  TECHNICIAN  WHO
 ALSO  INSPECTED,  EVALUATED,  ASSESSED,  PROVIDED  OPINIONS, OR PROVIDED
 OTHER SERVICES OF A  TECHNICIAN  ON  SUCH  REAL  PROPERTY  OR  OTHERWISE
 CONTRIBUTED TO SUCH REPORT UNDER SUCH TECHNICIAN SUBMITTING SUCH REPORT.
   (E)  A  VIOLATION  OF  THIS SECTION BY THE INSURER SHALL BE SUBJECT TO
 PENALTIES DESCRIBED IN SECTION ONE HUNDRED NINE OF THIS  CHAPTER,  CIVIL
 ACTION  BY  THE  POLICYHOLDER  FOR  ANY  DAMAGES  SUSTAINED  DUE  TO THE
 VIOLATION OF THIS SECTION, AND IF IT  IS  FOUND,  AFTER  NOTICE  AND  AN
 OPPORTUNITY  TO BE HEARD, THAT AN INSURER HAS VIOLATED THIS SECTION, THE
 SUPERINTENDENT MAY REVOKE AN EXISTING LICENSE TO  DO  BUSINESS  IN  THIS
 STATE  AND  MAY REFUSE TO ISSUE OR RENEW A LICENSE TO DO BUSINESS IN THE
 STATE.
   § 8.  Severability clause. If any clause, sentence, paragraph,  subdi-
 vision,  section  or  part  contained  in  any part of this act shall be
 adjudged by any court of competent  jurisdiction  to  be  invalid,  such
 judgment  shall not affect, impair, or invalidate the remainder thereof,
 but shall be confined in its operation to the  clause,  sentence,  para-
 graph,  subdivision,  section  or part of this act contained in any part
 thereof directly involved in the  controversy  in  which  such  judgment
 shall  have been rendered. It is hereby declared to be the intent of the
 legislature that this act would have been enacted even if  such  invalid
 provisions had not been included herein.
   §  9. This act shall take effect on the first of January next succeed-
 ing the date on which it shall have become a law and shall apply to  all
 policies  and contracts issued, renewed, modified, altered or amended on
 or after such  effective  date.  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.