NY State Assembly Bill 2013-A5312B

Assembly Bill A5312B

2013-2014 Legislative Session

Directs the special advisory panel on homeowners' insurance/catastrophe coverage to study certain facets of insurance in coastal areas

download bill text pdf

Archive: Last Bill Status - In Assembly Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 03, 2014	held for consideration in insurance
Feb 11, 2014	print number 5312b
Feb 11, 2014	amend and recommit to insurance
Jan 08, 2014	referred to insurance
Apr 17, 2013	print number 5312a
Apr 17, 2013	amend and recommit to insurance
Feb 22, 2013	referred to insurance

Bill Amendments

Original

B (Active)

co-Sponsors

multi-Sponsors

2013-A5312 - Details

See Senate Version of this Bill:: S2338
Current Committee:: Assembly Insurance
Law Section:: Insurance Law
Laws Affected:: Amd §12, Chap 42 of 1996; amd §23, Chap 136 of 2008
Versions Introduced in Other Legislative Sessions:: 2009-2010: A11486, S8110
2011-2012: A5215, S1027
2015-2016: A6385, S856
2017-2018: A7469, S3971

2013-A5312 - Summary

Directs the special advisory panel on homeowners' insurance/catastrophe coverage to study certain facets of profitability of insurance in coastal areas.

2013-A5312 - Bill Text download pdf

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

                                  5312

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 22, 2013
                               ___________

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

AN ACT to amend chapter 42 of the laws of 1996  amending  the  insurance
  law  relating  to homeowners' insurance and a temporary panel on home-
  owners' insurance coverage, in relation to the special advisory  panel
  on  homeowners'  insurance/catastrophe  coverage; and to amend chapter
  136 of the laws of 2008 amending the insurance law relating to extend-
  ing the effectiveness of certain stand-by powers of the New York prop-
  erty insurance underwriting association, in relation  to  the  program
  designed  to  attract  more  competitors  to the homeowners' insurance
  market

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

  Section  1.  Subdivision  1 of section 12 of chapter 42 of the laws of
1996 amending the insurance law relating to homeowners' insurance and  a
temporary panel on homeowners' insurance coverage, as amended by chapter
136 of the laws of 2008, is amended to read as follows:
  (1)  The  superintendent  of  [insurance] FINANCIAL SERVICES is hereby
directed  to  convene  a   special   advisory   panel   on   homeowners'
insurance/catastrophe  coverage,  to  examine  and  assess  the problems
affecting the availability and affordability of homeowners' insurance in
this state and the effect thereon created by any potential major weather
catastrophe.  The panel shall study and report on the  following  issues
on or before November 30, [2009] 2014, and on an [annual] BIENNIAL basis
thereafter:
  (a)  a  review  of  FEDERAL  LEGISLATION  AND other states' activities
regarding catastrophe related coverage, including but not limited to  an
evaluation  of  the experience under the California Earthquake Authority
and the Florida [Commission on Hurricane  Loss  Projection  Methodology]
HURRICANE CATASTROPHE FUND;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06594-01-3

A. 5312                             2

  (b) an evaluation of the effectiveness of any voluntary market assist-
ance  program in effect in New York WITH PARTICULAR ATTENTION DEVOTED TO
MARKET DYNAMICS IN THE COASTAL HOMEOWNERS' INSURANCE MARKET;
  (c) an evaluation of the feasibility or experience, if any, of the New
York  property  insurance  underwriting  association writing homeowners'
insurance policies or reinsuring  such  policies  when  written  in  the
voluntary market under certain market conditions;
  (d)  an  evaluation of the feasibility of the New York property insur-
ance underwriting association issuing bonds or establishing other finan-
cial mechanisms for catastrophe insurance coverage; and an evaluation of
the feasibility of establishing a state-wide catastrophe insurance fund;
  (e) an evaluation of the feasibility of the New York  property  insur-
ance underwriting association acting as a servicing carrier for policies
written  pursuant  to parts 61 and 62 of title 44 of the Code of Federal
Regulations;
  (f) an evaluation of existing state and local building codes  and  the
feasibility  of  implementing  new  building  practices  and  structural
improvement retrofitting, to mitigate damage from a major weather catas-
trophe;
  (g) an evaluation of insurer AND GOVERNMENTAL capacity and  effective-
ness  in the event of a catastrophic weather occurrence, including rein-
surance capacity and effectiveness, windstorm deductibles and multi-tier
programs, AND OTHER RISK SHARING MECHANISMS;
  (h) an evaluation of insurer preparedness in the recovery,  rebuilding
and renewal processes following weather-related losses; [and]
  (i)  an  evaluation of public awareness of storm risks and programs to
educate the public of storm risks and mitigation techniques[.]; AND
  (J) AN EVALUATION OF THE REASONS WHY AND RATE AT WHICH INSURERS MAY BE
WITHDRAWING FROM THE COASTAL HOMEOWNERS'  INSURANCE  MARKET,  CANCELLING
SUCH  POLICIES  OR  SUBSTANTIALLY  INCREASING INSURANCE PREMIUM RATES IN
SUCH MARKET. FURTHER, THE PANEL SHALL STUDY  AND  ASCERTAIN  AN  AVERAGE
ESTIMATED  COST OF OBTAINING COMPARABLE REPLACEMENT HOMEOWNER'S COVERAGE
FOR THOSE INSUREDS WHO HAVE BEEN CANCELLED IN SUCH  COASTAL  AREAS.  FOR
THE PURPOSES OF THIS SUBDIVISION, THE TERM COASTAL HOMEOWNERS' INSURANCE
MARKET  SHALL  MEAN  THOSE AREAS THAT ARE WITHIN ONE MILE OF A SALTWATER
OCEAN, SOUND, INLET OR BAY IN THE COUNTIES OF THE BRONX, KINGS,  NASSAU,
QUEENS, RICHMOND, SUFFOLK, AND WESTCHESTER.
  S  2. Subdivision (a) of section 23 of chapter 136 of the laws of 2008
amending the insurance law relating to extending  the  effectiveness  of
certain  stand-by powers of the New York property insurance underwriting
association, is amended to read as follows:
  (a) The superintendent of [insurance] FINANCIAL SERVICES shall  imple-
ment a program designed to attract more competitors to the state's home-
owners'  insurance market PARTICULARLY WITH RESPECT TO THOSE COMMUNITIES
THAT ARE WITHIN ONE MILE OF A SALTWATER OCEAN, SOUND, INLET  OR  BAY  IN
THE COUNTIES OF THE BRONX, KINGS, NASSAU, QUEENS, RICHMOND, SUFFOLK, AND
WESTCHESTER.  The program shall include, but shall not be limited to:
  (1)  identifying,  contacting  and  soliciting feedback from national,
regional and other insurance carriers not currently  writing  homeowners
insurance in the state to determine their interest in selling homeowners
insurance in the state;
  (2)  adopting  specific  measures  to  encourage such insurers to sell
homeowners' insurance in the state; and
  (3) documenting those issues or concerns such  insurers  may  cite  as
barriers to selling homeowners insurance in the state.
  S 3. This act shall take effect immediately.

co-Sponsors

View additional co-sponsors

multi-Sponsors

View additional multi-sponsors

2013-A5312A - Details

See Senate Version of this Bill:: S2338
Current Committee:: Assembly Insurance
Law Section:: Insurance Law
Laws Affected:: Amd §12, Chap 42 of 1996; amd §23, Chap 136 of 2008
Versions Introduced in Other Legislative Sessions:: 2009-2010: A11486, S8110
2011-2012: A5215, S1027
2015-2016: A6385, S856
2017-2018: A7469, S3971

2013-A5312A - Summary

Directs the special advisory panel on homeowners' insurance/catastrophe coverage to study certain facets of profitability of insurance in coastal areas.

2013-A5312A - Bill Text download pdf

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

                                 5312--A

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 22, 2013
                               ___________

Introduced  by M. of A. WEISENBERG, TITONE, MAISEL, BORELLI, McKEVITT --
  Multi-Sponsored by -- M. of A. BRENNAN, COOK, RIVERA, THIELE  --  read
  once   and  referred  to  the  Committee  on  Insurance  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN ACT to amend chapter 42 of the laws of 1996  amending  the  insurance
  law  relating  to homeowners' insurance and a temporary panel on home-
  owners' insurance coverage, in relation to the special advisory  panel
  on  homeowners'  insurance/catastrophe  coverage; and to amend chapter
  136 of the laws of 2008 amending the insurance law relating to extend-
  ing the effectiveness of certain stand-by powers of the New York prop-
  erty insurance underwriting association, in relation  to  the  program
  designed  to  attract  more  competitors  to the homeowners' insurance
  market

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

  Section  1.  Subdivision  1 of section 12 of chapter 42 of the laws of
1996 amending the insurance law relating to homeowners' insurance and  a
temporary panel on homeowners' insurance coverage, as amended by chapter
136 of the laws of 2008, is amended to read as follows:
  (1)  The  superintendent  of  [insurance] FINANCIAL SERVICES is hereby
directed  to  convene  a   special   advisory   panel   on   homeowners'
insurance/catastrophe  coverage,  to  examine  and  assess  the problems
affecting the availability and affordability of homeowners' insurance in
this state and the effect thereon created by any potential major weather
catastrophe.  The panel shall study and report on the  following  issues
on or before November 30, [2009] 2014, and on an [annual] BIENNIAL basis
thereafter:
  (a)  a  review  of  FEDERAL  LEGISLATION  AND other states' activities
regarding catastrophe related coverage, including but not limited to  an

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06594-05-3

A. 5312--A                          2

evaluation  of  the experience under the California Earthquake Authority
and the Florida Commission on Hurricane Loss Projection Methodology;
  (b) an evaluation of the effectiveness of any voluntary market assist-
ance  program in effect in New York WITH PARTICULAR ATTENTION DEVOTED TO
MARKET DYNAMICS IN THE COASTAL HOMEOWNERS' INSURANCE MARKET;
  (c) an evaluation of the feasibility or experience, if any, of the New
York property insurance  underwriting  association  writing  homeowners'
insurance  policies  or  reinsuring  such  policies  when written in the
voluntary market under certain market conditions;
  (d) an evaluation of the feasibility of the New York  property  insur-
ance underwriting association issuing bonds or establishing other finan-
cial mechanisms for catastrophe insurance coverage; and an evaluation of
the feasibility of establishing a state-wide catastrophe insurance fund;
  (e)  an  evaluation of the feasibility of the New York property insur-
ance underwriting association acting as a servicing carrier for policies
written pursuant to parts 61 and 62 of title 44 of the Code  of  Federal
Regulations;
  (f)  an  evaluation of existing state and local building codes and the
feasibility  of  implementing  new  building  practices  and  structural
improvement retrofitting, to mitigate damage from a major weather catas-
trophe;
  (g)  an evaluation of insurer AND GOVERNMENTAL capacity and effective-
ness in the event of a catastrophic weather occurrence, including  rein-
surance capacity and effectiveness, windstorm deductibles and multi-tier
programs, AND OTHER RISK SHARING MECHANISMS;
  (h)  an evaluation of insurer preparedness in the recovery, rebuilding
and renewal processes following weather-related losses; [and]
  (i) an evaluation of public awareness of storm risks and  programs  to
educate the public of storm risks and mitigation techniques[.]; AND
  (J)  AN  EVALUATION  OF  WHETHER AND THE RATE AT WHICH INSURERS MAY BE
WITHDRAWING FROM THE COASTAL HOMEOWNERS'  INSURANCE  MARKET,  CANCELLING
SUCH  POLICIES  OR  SUBSTANTIALLY  INCREASING INSURANCE PREMIUM RATES IN
SUCH MARKET, AND THE REASONS FOR ANY SUCH ACTIONS.  FURTHER,  THE  PANEL
SHALL  STUDY AND ASCERTAIN AN AVERAGE ESTIMATED COST OF OBTAINING COMPA-
RABLE REPLACEMENT HOMEOWNER'S COVERAGE FOR THOSE INSUREDS WHO HAVE  BEEN
CANCELLED  IN  SUCH COASTAL AREAS. FOR THE PURPOSES OF THIS SUBDIVISION,
THE TERM COASTAL HOMEOWNERS' INSURANCE MARKET  SHALL  MEAN  THOSE  AREAS
THAT  ARE  WITHIN  ONE MILE OF A SALTWATER OCEAN, SOUND, INLET OR BAY IN
THE COUNTIES OF THE BRONX, KINGS, NASSAU, QUEENS, RICHMOND, SUFFOLK, AND
WESTCHESTER.
  S 2. Subdivision (a) of section 23 of chapter 136 of the laws of  2008
amending  the  insurance  law relating to extending the effectiveness of
certain stand-by powers of the New York property insurance  underwriting
association,  as  further amended by section 104 of part A of chapter 62
of the laws of 2011, is amended to read as follows:
  (a) The superintendent of financial services shall implement a program
designed to attract more competitors to the state's  homeowners'  insur-
ance  market  PARTICULARLY  WITH  RESPECT  TO THOSE COMMUNITIES THAT ARE
WITHIN ONE MILE OF A SALTWATER OCEAN, SOUND, INLET OR BAY IN  THE  COUN-
TIES  OF  THE  BRONX, KINGS, NASSAU, QUEENS, RICHMOND, SUFFOLK AND WEST-
CHESTER.  The program shall include, but shall not be limited to:
  (1) identifying, contacting and  soliciting  feedback  from  national,
regional  and  other insurance carriers not currently writing homeowners
insurance in the state to determine their interest in selling homeowners
insurance in the state;

A. 5312--A                          3

  (2) adopting specific measures to  encourage  such  insurers  to  sell
homeowners' insurance in the state; and
  (3)  documenting  those  issues  or concerns such insurers may cite as
barriers to selling homeowners insurance in the state.
  S 3. This act shall take effect immediately.

co-Sponsors

View additional co-sponsors

multi-Sponsors

View additional multi-sponsors

2013-A5312B (ACTIVE) - Details

See Senate Version of this Bill:: S2338
Current Committee:: Assembly Insurance
Law Section:: Insurance Law
Laws Affected:: Amd §12, Chap 42 of 1996; amd §23, Chap 136 of 2008
Versions Introduced in Other Legislative Sessions:: 2009-2010: A11486, S8110
2011-2012: A5215, S1027
2015-2016: A6385, S856
2017-2018: A7469, S3971

2013-A5312B (ACTIVE) - Summary

Directs the special advisory panel on homeowners' insurance/catastrophe coverage to study certain facets of profitability of insurance in coastal areas.

2013-A5312B (ACTIVE) - Bill Text download pdf

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

                                 5312--B

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 22, 2013
                               ___________

Introduced  by  M.  of  A. WEISENBERG, TITONE, BORELLI, McKEVITT, TITUS,
  SALADINO -- Multi-Sponsored by -- M.  of  A.  BRENNAN,  COOK,  RIVERA,
  THIELE  --  read  once  and  referred to the Committee on Insurance --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted  to  said  committee  --  recommitted  to the Committee on
  Insurance in accordance with Assembly Rule  3,  sec.  2  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN  ACT  to  amend chapter 42 of the laws of 1996 amending the insurance
  law relating to homeowners' insurance and a temporary panel  on  home-
  owners'  insurance coverage, in relation to the special advisory panel
  on homeowners' insurance/catastrophe coverage; and  to  amend  chapter
  136 of the laws of 2008 amending the insurance law relating to extend-
  ing the effectiveness of certain stand-by powers of the New York prop-
  erty  insurance  underwriting  association, in relation to the program
  designed to attract more  competitors  to  the  homeowners'  insurance
  market

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

  Section 1. Subdivision 1 of section 12 of chapter 42 of  the  laws  of
1996  amending the insurance law relating to homeowners' insurance and a
temporary panel on homeowners' insurance coverage, as amended by chapter
136 of the laws of 2008, is amended to read as follows:
  (1) The superintendent of [insurance]  FINANCIAL  SERVICES  is  hereby
directed   to   convene   a   special   advisory  panel  on  homeowners'
insurance/catastrophe coverage,  to  examine  and  assess  the  problems
affecting the availability and affordability of homeowners' insurance in
this state and the effect thereon created by any potential major weather
catastrophe.    The panel shall study and report on the following issues
on or before November 30, [2009] 2015, and on  [an  annual]  A  BIENNIAL
basis thereafter:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06594-07-4

A. 5312--B                          2

  (a)  a  review  of  FEDERAL  LEGISLATION  AND other states' activities
regarding catastrophe related coverage, including but not limited to  an
evaluation  of  the experience under the California Earthquake Authority
and the Florida Commission on Hurricane Loss Projection Methodology;
  (b) an evaluation of the effectiveness of any voluntary market assist-
ance  program in effect in New York WITH PARTICULAR ATTENTION DEVOTED TO
MARKET DYNAMICS IN THE COASTAL HOMEOWNERS' INSURANCE MARKET;
  (c) an evaluation of the feasibility or experience, if any, of the New
York property insurance  underwriting  association  writing  homeowners'
insurance  policies  or  reinsuring  such  policies  when written in the
voluntary market under certain market conditions;
  (d) an evaluation of the feasibility of the New York  property  insur-
ance underwriting association issuing bonds or establishing other finan-
cial mechanisms for catastrophe insurance coverage; and an evaluation of
the feasibility of establishing a state-wide catastrophe insurance fund;
  (e)  an  evaluation of the feasibility of the New York property insur-
ance underwriting association acting as a servicing carrier for policies
written pursuant to parts 61 and 62 of title 44 of the Code  of  Federal
Regulations;
  (f)  an  evaluation of existing state and local building codes and the
feasibility  of  implementing  new  building  practices  and  structural
improvement retrofitting, to mitigate damage from a major weather catas-
trophe;
  (g)  an evaluation of insurer AND GOVERNMENTAL capacity and effective-
ness in the event of a catastrophic weather occurrence, including  rein-
surance capacity and effectiveness, windstorm deductibles and multi-tier
programs, AND OTHER RISK SHARING MECHANISMS;
  (h)  an evaluation of insurer preparedness in the recovery, rebuilding
and renewal processes following weather-related losses; [and]
  (i) an evaluation of public awareness of storm risks and  programs  to
educate the public of storm risks and mitigation techniques[.]; AND
  (J)  AN  EVALUATION  OF  WHETHER AND THE RATE AT WHICH INSURERS MAY BE
WITHDRAWING FROM THE COASTAL HOMEOWNERS'  INSURANCE  MARKET,  CANCELLING
SUCH  POLICIES  OR  SUBSTANTIALLY  INCREASING INSURANCE PREMIUM RATES IN
SUCH MARKET, AND THE REASONS FOR ANY SUCH ACTIONS.  FURTHER,  THE  PANEL
SHALL  STUDY AND ASCERTAIN AN AVERAGE ESTIMATED COST OF OBTAINING COMPA-
RABLE REPLACEMENT HOMEOWNER'S COVERAGE FOR THOSE INSUREDS WHO HAVE  BEEN
CANCELLED  IN  SUCH COASTAL AREAS. FOR THE PURPOSES OF THIS SUBDIVISION,
THE TERM COASTAL HOMEOWNERS' INSURANCE MARKET  SHALL  MEAN  THOSE  AREAS
THAT  ARE  WITHIN  ONE MILE OF A SALTWATER OCEAN, SOUND, INLET OR BAY IN
THE COUNTIES OF THE BRONX, KINGS, NASSAU, QUEENS, RICHMOND, SUFFOLK, AND
WESTCHESTER.
  S 2. Subdivision (a) of section 23 of chapter 136 of the laws of  2008
amending  the  insurance  law relating to extending the effectiveness of
certain stand-by powers of the New York property insurance  underwriting
association,  as  further amended by section 104 of part A of chapter 62
of the laws of 2011, is amended to read as follows:
  (a) The superintendent of financial services shall implement a program
designed to attract more competitors to the state's  homeowners'  insur-
ance  market  PARTICULARLY  WITH  RESPECT  TO THOSE COMMUNITIES THAT ARE
WITHIN ONE MILE OF A SALTWATER OCEAN, SOUND, INLET OR BAY IN  THE  COUN-
TIES  OF  THE  BRONX, KINGS, NASSAU, QUEENS, RICHMOND, SUFFOLK AND WEST-
CHESTER.  The program shall include, but shall not be limited to:
  (1) identifying, contacting and  soliciting  feedback  from  national,
regional  and  other insurance carriers not currently writing homeowners

A. 5312--B                          3

insurance in the state to determine their interest in selling homeowners
insurance in the state;
  (2)  adopting  specific  measures  to  encourage such insurers to sell
homeowners' insurance in the state; and
  (3) documenting those issues or concerns such  insurers  may  cite  as
barriers to selling homeowners insurance in the state.
  S 3. This act shall take effect immediately.

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Assembly Bill A5312B

Share this bill

Sponsored By

WEISENBERG

Archive: Last Bill Status - In Assembly Committee

Bill Amendments

co-Sponsors

Matthew Titone

Alan Maisel

Joseph Borelli

Thomas McKevitt

multi-Sponsors

James F. Brennan

Vivian Cook

Jose Rivera

Fred Thiele

2013-A5312 - Details

2013-A5312 - Summary

2013-A5312 - Bill Text download pdf

co-Sponsors

Matthew Titone

Joseph Borelli

Thomas McKevitt

Michele Titus

multi-Sponsors

James F. Brennan

Vivian Cook

Dennis H. Gabryszak

Jose Rivera

2013-A5312A - Details

2013-A5312A - Summary

2013-A5312A - Bill Text download pdf

co-Sponsors

Matthew Titone

Joseph Borelli

Thomas McKevitt

Michele Titus

multi-Sponsors

James F. Brennan

Vivian Cook

Dennis H. Gabryszak

Jose Rivera

2013-A5312B (ACTIVE) - Details

2013-A5312B (ACTIVE) - Summary

2013-A5312B (ACTIVE) - Bill Text download pdf

Comments