Senate Bill S9082A

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  9082--A
 
                             I N  S E N A T E
 
                             January 29, 2026
                                ___________
 
 Introduced  by  Sen.  BAILEY -- read twice and ordered printed, and when
   printed to be committed to the Committee  on  Insurance  --  committee
   discharged, bill amended, 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.
   (4)  ANY  INDIVIDUAL WHO IS APPROACHED OR SOLICITED BY A PUBLIC ADJUS-
 TER, OR ANY REPRESENTATIVE THEREOF, WITHIN  FORTY-EIGHT  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
 CIRCUMSTANCES SHALL BE SUBJECT TO FULL REIMBURSEMENT UPON REQUEST BY THE
 INDIVIDUAL.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD14014-06-6
 S. 9082--A                          2
 
   (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 FORTY-EIGHT HOURS FOLLOWING A DAMAGING EVENT; (B) THEIR
 RIGHT TO REIMBURSEMENT OF ANY FEES PAID IN VIOLATION THEREOF; AND (C) ON
 A CLAIM-SPECIFIC BASIS, ANY LIMITATIONS,  RESTRICTIONS,  OR  CHANGES  TO
 COMMUNICATIONS  WITH  THE  INSURER  THAT  MAY  RESULT FROM THE INSURED'S
 RETENTION OF THE PUBLIC ADJUSTER OR  ANY  REPRESENTATIVE  THEREOF.  SUCH
 NOTICE  SHALL  BE  PROVIDED IN CLEAR AND CONSPICUOUS LANGUAGE, IN A FORM
 PRESCRIBED BY THE SUPERINTENDENT,  AND  SHALL  REQUIRE  THE  INSURED  TO
 ACKNOWLEDGE RECEIPT OF SUCH NOTICE IN WRITING OR ELECTRONICALLY.
   (6)  NOTHING  IN  THIS SECTION SHALL PROHIBIT AN AFFECTED OWNER, OCCU-
 PANT, OR TENANT FROM INITIATING CONTACT WITH A  PUBLIC  ADJUSTER  DURING
 THE FORTY-EIGHT HOURS FOLLOWING A DAMAGING EVENT.
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law.