(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.
