S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2099

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 15, 2009
                               ___________

Introduced by M. of A. THIELE -- read once and referred to the Committee
  on Insurance

AN ACT to amend the insurance law, in relation to catastrophic windstorm
  deductibles applicable to certain insurance policies

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 3445 of the insurance law, as added by  chapter  44
of the laws of 1998, is amended to read as follows:
  S  3445.  Windstorm  insurance  notice. 1. The superintendent shall by
regulation establish disclosure requirements with respect to the  opera-
tion  of  any  deductible  in a homeowner's insurance policy or dwelling
fire personal lines policy which applies as the result of  a  windstorm.
Such  regulations shall prescribe the form of a notice to be provided by
an insurer to an insured. The notice shall explain in  clear  and  plain
language the amount of the deductible, the circumstances under which the
deductible  applies  and  any other matters which the superintendent, in
his or her discretion, shall deem necessary or appropriate.
  2. A CATASTROPHIC WINDSTORM DEDUCTIBLE  APPLICABLE  TO  A  HOMEOWNER'S
INSURANCE POLICY, DWELLING FIRE PERSONAL LINES POLICY OR ANY OTHER POLI-
CY  TO  WHICH  SUCH DEDUCTIBLE MAY BE SUBJECT SHALL NOT BE APPLICABLE TO
LOSSES INCURRED  BY  THEFT,  FIRE  OR  ANY  OTHER  EVENT  OTHER  THAN  A
CATASTROPHIC WINDSTORM.
  S  2.  This  act  shall take effect on the sixtieth day after it shall
have become a law.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03186-01-9