NY State Senate Bill 2017-S5769

Senate Bill S5769

2017-2018 Legislative Session

Authorizes insurers to allow the insured to take and submit photographs of their automobile for purposes of the issuance or renewal of a policy of automobile physical damage insurance

download bill text pdf

Archive: Last Bill Status - In Senate Committee Insurance 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
Jan 03, 2018	referred to insurance
Apr 28, 2017	referred to insurance

co-Sponsors

2017-S5769 (ACTIVE) - Details

See Assembly Version of this Bill:: A7681
Current Committee:: Senate Insurance
Law Section:: Insurance Law
Laws Affected:: Amd §3411, Ins L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S810, A2812
2021-2022: S4294
2023-2024: S2802

2017-S5769 (ACTIVE) - Summary

Authorizes insurers to allow the insured to take and submit photographs of their automobile for purposes of the issuance or renewal of a policy of automobile physical damage insurance.

2017-S5769 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S5769               REVISED MEMO 01/17/2018

SPONSOR: LANZA
 
TITLE OF BILL:  An act to amend the insurance law, in relation to
submission by an insured of vehicle photographs for purposes of the
issuance or renewal of a policy of automobile physical damage insurance

 
PURPOSE:

This bill allows an auto insurer to allow policyholders submit self-tak-
en photos to meet the requirement to inspect a motor vehicle prior to
issuing an insurance policy

 
SUMMARY OF PROVISIONS:

Section 1: Amends Insurance Law section 3411 to permit an auto insurer
to allow policyholders to submit self-taken photos to meet the require-
ment for the physical inspection of an automobile prior to providing
physical damage coverage for such a vehicle.

Section 2: Provides that the act shall take effect on the sixtieth day

after it shall have become a law.

 
EXISTING LAW:

Under current law, unless exempted pursuant to the provisions of Regu-
lation 79 (11 NYCRR 67), all motor vehicles must be inspected prior to
being covered under an auto insurance policy which provides physical
damage coverage.

 
JUSTIFICATION:

The current inspection law was first enacted in 1977 and, at that time,
it was a state of the art fraud protection tool. Since this requirement
is now forty years old, it should be modernized so as to make meeting
the requirement more convenient for consumers through the use of tech-
nology. This bill would allow insurers to offer their policyholders the
option to meet the inspection requirement through taking a photo of
their vehicle themselves and submitting it electronically, rather than
burdening consumers by requiring them to interrupt their busy work and
family schedules to take their vehicle to an inspection location to have
the required photo taken and form completed.

Making this process more convenient is particularly important due to the
dire consequences associated with a policyholder failing to secure the
inspection. Currently, when a policyholder fails to secure the
inspection, the insurer is required to strip physical damage coverage.
In many cases, consumers are unaware that their coverage has been
stripped despite, the numerous required notices and disclosures required
pursuant to Regulation 79. This can result in consumers learning that
they have no physical damage coverage only after a substantial loss when
their claim is rejected. Obviously, this outcome is highly negative for
the consumer, but it is also highly negative for the insurer who now has
a very unhappy policyholder with no coverage even though they thought
that they purchased coverage. It has been estimated that as many as
200,000 consumers have had their physical damage coverage suspended
annually as a result of failing to secure the required photo inspection.
By making modernizing this requirement and making it more convenient for
consumers through the self-photo option, this bill may reduce the inci-
dence of insurers being required to strip physical damage coverage and
the incidence of uncovered losses.

 
LEGISLATIVE HISTORY:

2017: S.5769 - Referred to Insurance / A.7681 - Referred to Insurance

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
Sixtieth day after it shall have become a law.

2017-S5769 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5769
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              April 28, 2017
                                ___________
 
 Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Insurance
 
 AN ACT to amend the insurance law,  in  relation  to  submission  by  an
   insured of vehicle photographs for purposes of the issuance or renewal
   of a policy of automobile physical damage insurance

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subsections (e), (f) and (h) of section 3411 of the  insur-
 ance law, subsections (e) and (f) as added by chapter 805 of the laws of
 1984, are amended and a new subsection (o) is added to read as follows:
   (e)  For  a  renewal of a policy referred to in subsection (d) of this
 section, an insurer may require, as a condition of  such  renewal,  that
 the  automobile  be  made available for inspection BY THE INSURER OR THE
 INSURER'S AUTHORIZED REPRESENTATIVE,  OR  BY  THE  INSURED  PURSUANT  TO
 SUBSECTION (O) OF THIS SECTION.
   (f) If an insurer requests an inspection pursuant to subsection (e) of
 this  section,  the  insured  shall  make  the  automobile available for
 inspection by the insurer OR THE  INSURER'S  AUTHORIZED  REPRESENTATIVE,
 upon  reasonable  notice.  THE INSURER MAY ALSO, UPON REASONABLE NOTICE,
 ALLOW THE INSURED TO COMPLETE  THE  AUTOMOBILE  INSPECTION  PURSUANT  TO
 SUBSECTION  (O) OF THIS SECTION. If the insured, UPON REASONABLE NOTICE,
 fails to make the automobile available for inspection BY THE INSURER  OR
 THE INSURER'S AUTHORIZED REPRESENTATIVE, OR BY COMPLETING THE INSPECTION
 PURSUANT  TO  SUBSECTION  (O) OF THIS SECTION, the insurer may refuse to
 continue such physical damage coverage.
   (h) Where an inspection is made pursuant to this section, it shall  be
 conducted  by  the  insurer  or [its] THE INSURER'S authorized represen-
 tative, OR BY THE INSURED PURSUANT TO SUBSECTION (O)  OF  THIS  SECTION,
 and  shall  be recorded on a form prescribed by the superintendent. Such
 form shall be retained by the insurer with its policy records  for  such
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10322-01-7

 S. 5769                             2
 
 insured,  and a copy of such form shall be made available to the insured
 upon request.
   (O) (1) AN INSURER MAY, AT ITS OPTION, COMPLY WITH SUBSECTIONS (D) AND
 (E)  OF THIS SECTION BY ALLOWING THE INSURED TO SELF-INSPECT THE INSURED
 VEHICLE  AND  SELF-SUBMIT  DOCUMENTATION  ESTABLISHING  THE  INSPECTION,
 CONSISTENT  WITH  THE REQUIREMENTS OF THIS SUBSECTION. AN INSURER IS NOT
 REQUIRED TO COMPLY WITH SUBSECTIONS (D)  AND  (E)  OF  THIS  SECTION  BY
 ALLOWING THE INSURED TO SELF-INSPECT THE INSURED VEHICLE.
   (2)  THE  SELF-INSPECTION OPTION AVAILABLE PURSUANT TO THIS SUBSECTION
 SHALL ONLY APPLY TO VEHICLES INSURED BY PERSONAL LINES INSURANCE.
   (3) THE SELF-INSPECTION OPTION AVAILABLE PURSUANT TO  THIS  SUBSECTION
 SHALL NOT APPLY TO VEHICLES INSURED BY THE NEW YORK AUTOMOBILE INSURANCE
 PLAN.
   (4)  TO  PERFORM AN AUTOMOBILE INSPECTION PURSUANT TO THIS SUBSECTION,
 THE INSURED SHALL, AT MINIMUM, SUBMIT THE  FOLLOWING  DOCUMENTS  TO  THE
 INSURER OR THE INSURER'S AUTHORIZED REPRESENTATIVE:
   (I) DIGITAL PHOTOGRAPHS OF THE INSURED VEHICLE; AND
   (II)  THE  SIGNED,  COMPLETED INSPECTION FORM REFERENCED IN SUBSECTION
 (H) OF THIS SECTION.
   (5) AN AUTOMOBILE INSPECTION PERFORMED PURSUANT TO THIS SUBSECTION  IS
 DEEMED  COMPLETE  ONLY WHEN THE INSURER OR ITS AUTHORIZED REPRESENTATIVE
 HAS RECEIVED BOTH THE SIGNED, COMPLETED INSPECTION FORM AND THE REQUIRED
 DIGITAL PHOTOGRAPHS.
   (6) EACH DIGITAL PHOTOGRAPH SUBMITTED  BY  THE  INSURED  SHALL  BE  IN
 COLOR, CLEAR, AND MUST INCLUDE METADATA THAT INDICATES THE DATE AND TIME
 THAT THE PHOTOGRAPH WAS TAKEN.
   (7) EACH DIGITAL PHOTOGRAPH SUBMITTED BY THE INSURED SHALL BE IN .JPEG
 FORMAT,  THE RESOLUTION MUST HE NO LESS THAN 2048 X 1536 PIXELS, AND THE
 FILE SIZE PER PHOTO MUST BE NO  LESS  THAN  TWO  HUNDRED  KILOBYTES  NOR
 GREATER THAN FIVE GIGABYTES.
   (8) EACH DIGITAL PHOTOGRAPH SUBMITTED BY THE INSURED SHALL BE TAKEN NO
 MORE  THAN TEN CALENDAR DAYS PRIOR TO THE DATE WRITTEN ON THE INSPECTION
 FORM, AND NO MORE THAN FOURTEEN CALENDAR DAYS AFTER THE DATE WRITTEN  ON
 THE  INSPECTION  FORM.  THE  INCLUDED  METADATA  SHALL CONFIRM THAT EACH
 DIGITAL PHOTOGRAPH WAS TAKEN NO MORE THAN TEN CALENDAR DAYS PRIOR TO THE
 DATE WRITTEN ON THE INSPECTION FORM, AND NO MORE THAN FOURTEEN  CALENDAR
 DAYS AFTER THE DATE WRITTEN ON THE INSPECTION FORM.
   (9)  THE  INSURED  MUST  CERTIFY  THE ACCURACY AND COMPLETENESS OF THE
 INFORMATION RECORDED ON THE INSPECTION FORM  PRESCRIBED  BY  THE  SUPER-
 INTENDENT, UNDER PENALTY OF PERJURY. ANY KNOWING MISREPRESENTATION SHALL
 CONSTITUTE  A  "FRAUDULENT  INSURANCE  ACT"  AS  DEFINED IN SECTION FOUR
 HUNDRED THREE OF THIS CHAPTER.
   (10) THE INSURED MUST CERTIFY THE AUTHENTICITY OF THE SIGNATURE ON THE
 INSPECTION REPORT PRESCRIBED BY THE  SUPERINTENDENT,  UNDER  PENALTY  OF
 PERJURY.  IN  ACCORDANCE  WITH  SECTION  THREE HUNDRED FOUR OF THE STATE
 TECHNOLOGY LAW, AN ELECTRONIC SIGNATURE IS PERMISSIBLE.
   (11) THE INSURER  AND/OR  ITS  AUTHORIZED  REPRESENTATIVE  SHALL  TAKE
 REASONABLE,  APPROPRIATE  STEPS  NECESSARY  TO  ENSURE  THE SECURITY AND
 INTEGRITY OF DATA THAT THE INSURED SUBMITS PURSUANT TO THIS SUBSECTION.
   (12) IF THE INSURED CHOOSES TO SIGN THE INSPECTION FORM WITH AN  ELEC-
 TRONIC SIGNATURE, THE INSURER AND/OR ITS AUTHORIZED REPRESENTATIVE SHALL
 TAKE  REASONABLE,  APPROPRIATE STEPS NECESSARY TO ENSURE THE SECURITY OF
 THE ELECTRONIC SIGNATURE AND VERIFY ITS AUTHENTICITY.
   (13) THE INSURER AND/OR ITS AUTHORIZED REPRESENTATIVE SHALL  ESTABLISH
 REASONABLE,   APPROPRIATE  PROCEDURES  NECESSARY  TO  ENSURE  THAT  ONCE
 INSPECTION FORMS ARE SIGNED AND SUBMITTED, THEY ARE, AT MINIMUM,  STORED

 S. 5769                             3
 
 ELECTRONICALLY,  IN  A  SECURE  FASHION, AND ARE RETAINED BY THE INSURER
 AND/OR ITS AUTHORIZED REPRESENTATIVE FOR A MINIMUM PERIOD OF TIME TO  BE
 DETERMINED BY THE SUPERINTENDENT.
   (14)  IF,  UPON  INSPECTION  OF THE INSURED'S DIGITAL PHOTOGRAPHS, THE
 INSURER FINDS THAT THE INSURED HAS FAILED TO COMPLY WITH THE  PHOTOGRAPH
 SUBMISSION REQUIREMENTS PROVIDED IN THIS SUBSECTION OR IN THE APPLICABLE
 REGULATIONS, THE INSURER SHALL REQUEST FURTHER INSPECTION OF THE VEHICLE
 BY THE INSURER OR ITS AUTHORIZED REPRESENTATIVE. FURTHER SELF-INSPECTION
 OF  THE  VEHICLE  PURSUANT  TO THIS SUBSECTION IS NOT PERMITTED, AND ANY
 SUBSEQUENT INSPECTION STILL MUST BE  COMPLETED  NO  MORE  THAN  FOURTEEN
 CALENDAR  DAYS  AFTER THE EFFECTIVE DATE OF COVERAGE.  THE INSURER SHALL
 HAVE THE RIGHT TO REFUSE TO CONTINUE PHYSICAL DAMAGE COVERAGE UNTIL  THE
 INSURED COMPLETES THE SUBSEQUENT INSPECTION.
   (15)  IF,  UPON  INSPECTION  OF THE INSURED'S DIGITAL PHOTOGRAPHS, THE
 INSURER IDENTIFIES INACCURACIES OR ERRORS IN THE INFORMATION RECORDED ON
 THE INSPECTION FORM, THE INSURER SHALL REQUEST FURTHER INSPECTION OF THE
 AUTOMOBILE BY THE INSURER  OR  ITS  AUTHORIZED  REPRESENTATIVE.  FURTHER
 SELF-INSPECTION  OF  THE  VEHICLE  PURSUANT  TO  THIS  SUBSECTION IS NOT
 PERMITTED. THE INSURER SHALL HAVE THE RIGHT TO REFUSE TO CONTINUE  PHYS-
 ICAL   DAMAGE  COVERAGE  UNTIL  THE  INSURED  COMPLETES  THE  SUBSEQUENT
 INSPECTION OR INSPECTIONS.
   (16) IF, UPON INSPECTION OF THE INSURED'S DIGITAL  PHOTOGRAPHS  AND/OR
 REVIEW  OF  THE  INSPECTION  FORM  PRESCRIBED BY THE SUPERINTENDENT, THE
 INSURER IDENTIFIES EVIDENCE OF A FRAUDULENT INSURANCE ACT,  THE  INSURER
 MAY  CANCEL  OR  RESCIND THE INSURED'S PHYSICAL DAMAGE COVERAGE, AND MAY
 REPORT SUCH EVIDENCE OF A FRAUDULENT INSURANCE ACT  TO  LAW  ENFORCEMENT
 AUTHORITIES.  IN  CONNECTION  WITH  PROVIDING  THE  INSPECTION FORM, THE
 INSURER SHALL ALSO ISSUE A NOTICE TO THE INSURED CONTAINING THE LANGUAGE
 PRESCRIBED IN SUBSECTION (D) OF SECTION FOUR HUNDRED THREE OF THIS CHAP-
 TER.
   (17) THE SUPERINTENDENT MAY PROMULGATE ADDITIONAL REGULATIONS SPECIFIC
 TO THIS SUBSECTION.
   (18) UNLESS  THE  SUPERINTENDENT  PROMULGATES  ADDITIONAL  REGULATIONS
 SPECIFIC  TO THIS SUBSECTION, IN ADDITION TO SATISFYING THE REQUIREMENTS
 OF THIS SUBSECTION, THE INSURER AND THE INSURED SHALL ALSO  COMPLY  WITH
 THE  APPLICABLE  INSPECTION STANDARDS PRESCRIBED PURSUANT TO PART SIXTY-
 SEVEN OF TITLE ELEVEN OF THE  NEW  YORK  CODES,  RULES  AND  REGULATIONS
 EXCEPT THAT
   (I)  THE  INSURED  MUST  ONLY SUBMIT PHOTOGRAPHS TO THE INSURER OR ITS
 AUTHORIZED REPRESENTATIVE ELECTRONICALLY USING DIGITAL MEDIA; AND
   (II) IF THE INSURED ELECTRONICALLY  TRANSMITS  THE  SIGNED,  COMPLETED
 INSPECTION  REPORT  TO THE INSURER OR ITS AUTHORIZED REPRESENTATIVE, THE
 INSURED MUST USE AN ELECTRONIC SIGNATURE.
   § 2. This act shall take effect on the sixtieth  day  after  it  shall
 have become a law.

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Senate Bill S5769

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Sponsored By

Andrew J. Lanza