S T A T E   O F   N E W   Y O R K
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                                 7456--A
                                                        Cal. No. 511

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                              May 17, 2013
                               ___________

Introduced  by  M.  of  A. BROOK-KRASNY -- read once and referred to the
  Committee on Insurance -- reported and referred to  the  Committee  on
  Ways  and  Means  --  advanced to a third reading, amended and ordered
  reprinted, retaining its place on the order of third reading

AN ACT to amend the insurance  law,  in  relation  to  property/casualty
  insurer report cards

  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 339 to
read as follows:
  S 339. PROPERTY/CASUALTY INSURER REPORT CARDS. (A) IF AT  ANY  TIME  A
LOCAL  STATE OF EMERGENCY IS DECLARED PURSUANT TO SECTION TWENTY-FOUR OF
THE EXECUTIVE LAW, THE GOVERNOR DECLARES A DISASTER  EMERGENCY  PURSUANT
TO  SECTION TWENTY-EIGHT OF THE EXECUTIVE LAW, OR THE PRESIDENT ISSUES A
MAJOR DISASTER OR EMERGENCY DECLARATION  PURSUANT TO THE ROBERT T. STAF-
FORD DISASTER RELIEF AND EMERGENCY ASSISTANCE  ACT  (P.L.  93-288),  THE
SUPERINTENDENT SHALL PREPARE A REPORT CARD CONTAINING INFORMATION ON HOW
EACH  INSURER  LICENSED  TO WRITE PERSONAL LINES INSURANCE OR COMMERCIAL
LINES INSURANCE POLICIES THAT COVER LOSS OF OR DAMAGE TO REAL  PROPERTY,
PERSONAL  PROPERTY,  OR OTHER LIABILITIES FOR LOSS OR DAMAGE TO PROPERTY
RESPONDED TO THE EMERGENCY OR DISASTER.
  (B) NO LATER THAN TWENTY DAYS FOLLOWING THE DECLARATION OF THE  DISAS-
TER  OR  EMERGENCY, THE SUPERINTENDENT SHALL POST THE REPORT CARD ON THE
DEPARTMENT'S WEBSITE. THE REPORT CARD SHALL ALSO BE AVAILABLE IN WRITING
UPON REQUEST.
  (C) THE SUPERINTENDENT SHALL UPDATE THE REPORT CARD EVERY  SEVEN  DAYS
FOR  AT  LEAST  SIX  MONTHS FOLLOWING THE DECLARATION OF THE DISASTER OR
EMERGENCY, OR UNTIL THE SUPERINTENDENT DETERMINES THAT SUCH REPORT  CARD
IS  NO LONGER NECESSARY. SUCH REPORT CARD SHALL BE IN THE AGGREGATE. THE
UPDATED VERSION SHALL BE POSTED ON THE DEPARTMENT'S WEBSITE AND SHALL BE
MADE AVAILABLE IN WRITING UPON REQUEST.

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

                                                           LBD11124-03-3

A. 7456--A                          2

  (D) INSURERS SPECIFIED IN SUBSECTION (A) OF THIS SECTION SHALL PROVIDE
THE SUPERINTENDENT WITH ALL INFORMATION NECESSARY FOR THE SUPERINTENDENT
TO PREPARE THE REPORT CARD, IN A MANNER AND ON A DATE PRESCRIBED BY  THE
SUPERINTENDENT.
  (E)  THE  REPORT  CARD  SHALL  INDICATE WHETHER THE INFORMATION IS FOR
PERSONAL LINES INSURANCE POLICIES OR COMMERCIAL  LINES  INSURANCE  POLI-
CIES.  IF  THE INSURER WRITES BOTH PERSONAL LINES INSURANCE POLICIES AND
COMMERCIAL LINES INSURANCE POLICIES, THE REPORT CARD SHALL DIFFERENTIATE
BETWEEN THE TWO.
  (F) THE REPORT CARD SHALL CONTAIN THE  FOLLOWING  INFORMATION  ON  HOW
EACH  INDIVIDUAL  INSURER  SPECIFIED  IN  SUBSECTION (A) OF THIS SECTION
RESPONDED TO THE DISASTER OR EMERGENCY:
  (I) THE NUMBER OF CLAIMS THE INSURER HAS RECEIVED;
  (II) THE NUMBER OF CLAIMS CLOSED WITH PAYMENT;
  (III) THE NUMBER OF CLAIMS CLOSED WITHOUT PAYMENT;
  (IV) THE TOTAL NUMBER OF OPEN CLAIMS AND THE AVERAGE AMOUNT  OF  TIME,
IN DAYS, THE CLAIMS HAVE BEEN OPEN;
  (V)  THE  NUMBER  OF  OPEN CLAIMS FOR WHICH A PARTIAL PAYMENT HAS BEEN
MADE;
  (VI) THE NUMBER OF OPEN CLAIMS FOR WHICH A PAYMENT  HAS  BEEN  OFFERED
THAT ARE BEING DISPUTED AND/OR NEGOTIATED BY THE POLICYHOLDER;
  (VII)  THE  NUMBER OF OPEN CLAIMS THAT ARE STILL BEING INVESTIGATED BY
THE INSURER, THE STATUS OF THE INVESTIGATION AND THE REASON THE INVESTI-
GATION IS NOT COMPLETE,  COMPILED  INTO  CATEGORIES  DETERMINED  BY  THE
SUPERINTENDENT;
  (VIII)  THE NUMBER OF INDEPENDENT ADJUSTERS THAT THE INSURER HAS WORK-
ING IN THE FIELD;
  (IX) THE NUMBER OF POLICYHOLDERS WHO HAVE HIRED PUBLIC ADJUSTERS;
  (X) THE AVERAGE TIME, IN DAYS: (A) FROM THE  DATE  A  CLAIM  IS  FILED
UNTIL  THE  DATE ON WHICH THE INSPECTION IS INITIATED; (B) FROM THE DATE
ON WHICH THE INSPECTION IS INITIATED UNTIL THE DATE THE INSURER PROVIDES
THE INSURED WITH AN ESTIMATE; (C) FROM THE DATE THE INSURER PROVIDES THE
INSURED WITH AN ESTIMATE UNTIL THE DATE A PAYMENT IS MADE; (D) FROM  THE
DATE  A PAYMENT IS MADE UNTIL THE CLAIM IS CLOSED; AND (E) FROM THE DATE
A CLAIM IS FILED UNTIL THE DATE THE CLAIM IS CLOSED;
  (XI) THE NUMBER OF COMPLAINTS  THAT  THE  INSURER  HAS  RECEIVED  FROM
INSUREDS  AND THE PERCENTAGE OF THE INSURER'S CLAIMS FOR THE DISASTER OR
EMERGENCY THAT THESE COMPLAINTS REPRESENT;
  (XII) THE NUMBER  OF  COMPLAINTS  THAT  THE  DEPARTMENT  HAS  RECEIVED
REGARDING THE INSURER AND THE PERCENTAGE OF THE INSURER'S CLAIMS FOR THE
DISASTER OR EMERGENCY THAT THESE COMPLAINTS REPRESENT; AND
  (XIII) ANY OTHER INFORMATION THAT THE SUPERINTENDENT DEEMS NECESSARY.
  (G)  THE  SUPERINTENDENT  MAY,  AT  HIS  OR  HER DISCRETION, WAIVE THE
REQUIREMENT TO PREPARE A  REPORT  CARD  IF  THE  DECLARED  DISASTER,  AS
DEFINED  IN SUBSECTION (A) OF THIS SECTION, DOES NOT RESULT IN A SIGNIF-
ICANT AMOUNT OF INSURANCE RELATED CLAIMS FILED IN NEW YORK STATE AND THE
SUPERINTENDENT DOES NOT BELIEVE THE BEST INTEREST OF THE PUBLIC WILL  BE
SERVED BY ISSUING A REPORT CARD.
  S 2. This act shall take effect immediately.