NY State Senate Bill 2019-S1196

Senate Bill S1196

Signed By Governor

2019-2020 Legislative Session

Relates to artificially deflating or otherwise lowering cost data used for adjusted claims

download bill text pdf

Archive: Last Bill Status - Signed by Governor

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

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Aug 29, 2019	signed chap.197
Aug 23, 2019	delivered to governor
Feb 26, 2019	returned to senate passed assembly ordered to third reading cal.57 substituted for a1916
Jan 15, 2019	referred to insurance delivered to assembly passed senate
Jan 14, 2019	ordered to third reading cal.16
Jan 11, 2019	referred to rules

Votes

- Jan 15, 2019 - Floor Vote
  S1196
  
  61
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  2
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jan 15, 2019
      
      aye (61)
      
      Addabbo Jr.
      
      Akshar
      
      Amedore
      
      Antonacci
      
      Bailey
      
      Benjamin
      
      Biaggi
      
      Boyle
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Comrie
      
      Felder
      
      Funke
      
      Gallivan
      
      Gaughran
      
      Gianaris
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hoylman-Sigal
      
      Jackson
      
      Jordan
      
      Kaminsky
      
      Kaplan
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      LaValle
      
      Lanza
      
      Little
      
      Liu
      
      Martinez
      
      May
      
      Mayer
      
      Metzger
      
      Montgomery
      
      Myrie
      
      O'Mara
      
      Ortt
      
      Parker
      
      Persaud
      
      Ramos
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Salazar
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serino
      
      Serrano
      
      Seward
      
      Skoufis
      
      Stavisky
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      Young
      
      excused (2)
      
      Flanagan
      
      Jacobs
  Jan 14, 2019 - Rules Committee Vote
  S1196
  
  15
  
  Aye
  
  0
  
  Nay
  
  3
  
  Aye with Reservations
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jan 14, 2019
      
      aye (15)
      
      Benjamin
      
      Breslin
      
      Comrie
      
      Gianaris
      
      Hoylman-Sigal
      
      Kennedy
      
      Krueger
      
      LaValle
      
      Lanza
      
      Little
      
      Liu
      
      Parker
      
      Robach
      
      Savino
      
      Stewart-Cousins
      
      aye wr (3)
      
      Griffo
      
      Martinez
      
      Seward
      
      excused (1)
      
      Flanagan

2019-S1196 (ACTIVE) - Details

See Assembly Version of this Bill:: A1916
Law Section:: Insurance Law
Laws Affected:: Amd §2108, Ins L (as proposed in S.2746 and A.808)

2019-S1196 (ACTIVE) - Summary

Relates to artificially deflating or otherwise lowering cost data used for adjusted claims, or using cost data that is not appropriate for the region of the state where the loss occurred.

2019-S1196 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S1196

SPONSOR: BRESLIN
 
TITLE OF BILL:

An act to amend the insurance law, in relation to requiring out-of-state
insurance adjusters employed to appraise in-state property damages aris-
ing from emergency situations to employ established rates used for
appraisal by in-state insurance adjusters

 
TITLE OF BILL:

An act to amend the insurance law, in relation to requiring out-of-state
insurance adjusters employed to appraise in-state property damages aris-
ing from emergency situations to employ established rates used for
appraisal by in-state insurance adjusters

 
PURPOSE:

This is a chapter amendment that makes changes to provisions of L.2018,
c.458, to clarify provisions relating to cost data in insurance claims

adjusting.

 
SUMMARY OF PROVISIONS:

Section 1 of the chapter amendment deletes language specifying that an
out-of-state insurance adjuster operating pursuant to a temporary permit
must adjust claims using cost data appropriate for the region.

 
EXISTING LAW:

Section 2108 of the Insurance Law addresses the licensing and duties of
insurance claims adjusters. Chapter 458 of the laws of 2018 specifies
that out-of-state claims adjusters operating pursuant to a temporary
permit must use cost data that is appropriate for the region of the
state where such person is adjusting claims.

 
JUSTIFICATION:

Concern was raised that the original bill's language was vague, in not
defining "region" for purposes of requiring adjusters to adjust claims
using region-specific cost data. Concern was also raised that the
region-specific language was not necessary, given that insurers are
already required to offer covered claimants amounts that are "fair and
reasonable," which the Department of Financial Services has interpreted
to require insurers to use cost data for the region in New York where
the property is located (if the loss pertains to real property).

 
LEGISLATIVE HISTORY:

Chapter amendment to Chapter 458 of the Laws of 2018.
S.2746 and A.808 passed both the Senate and Assembly in June of 2018.

 
FISCAL IMPLICATIONS:

Unknown

 
EFFECTIVE DATE:
This act shall take effect on the same date and in the same manner as a
chapter of the laws of 2018 amending the insurance law relating to
requiring out-of-state insurance adjusters employed to appraise in-state
property damages arising from emergency situations to employ established
rates used for appraisal by in-state insurance adjusters, as proposed in
legislative bills numbers S. 2746 and A. 808, takes effect.

2019-S1196 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1196
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 11, 2019
                                ___________
 
 Introduced  by  Sen. BRESLIN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the insurance law, in relation to requiring out-of-state
   insurance adjusters employed to  appraise  in-state  property  damages
   arising from emergency situations to employ established rates used for
   appraisal by in-state insurance adjusters
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subsection (n) of section 2108 of  the  insurance  law,  as
 amended  by  a  chapter  of  the laws of 2018 amending the insurance law
 relating to  requiring  out-of-state  insurance  adjusters  employed  to
 appraise  in-state property damages arising from emergency situations to
 employ established rates used for appraisal by in-state insurance adjus-
 ters, as proposed in legislative bills numbers S. 2746 and  A.  808,  is
 amended to read as follows:
   (n)  Notwithstanding  the  provisions of this section, the superinten-
 dent, in order to facilitate the settlement of  claims  under  insurance
 contracts  involving widespread property losses arising out of a confla-
 gration or catastrophe common to all such losses, may issue a  temporary
 permit  for  a term not exceeding one hundred twenty days to any person,
 whether he be a resident of this state or a non-resident, to act  as  an
 independent  adjuster  on  behalf  of an authorized insurer or insurers,
 provided any such insurer shall execute and file in the  office  of  the
 superintendent  a  written  application  for  the  permit  in  the  form
 prescribed by the superintendent, which application shall  contain  such
 information  as  he  may require and shall certify that the person named
 therein to be designated in the temporary permit is qualified by experi-
 ence and training to adjust claims  arising  under  insurance  contracts
 issued  by  any  insurer [and that such person shall adjust claims using
 cost data appropriate for the region of the state where such  person  is
 adjusting  claims].  The superintendent may in his discretion renew such
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD07030-01-9

 S. 1196                             2
 
 permit for an additional term or terms as may  be  necessary  to  adjust
 such  claims.    [A  person  issued  a temporary permit pursuant to this
 subsection shall utilize cost data that is appropriate for the region of
 the state where such person is adjusting claims.]
   §  2.  This  act  shall  take  effect on the same date and in the same
 manner as a chapter of the laws  of  2018  amending  the  insurance  law
 relating  to  requiring  out-of-state  insurance  adjusters  employed to
 appraise in-state property damages arising from emergency situations  to
 employ established rates used for appraisal by in-state insurance adjus-
 ters, as proposed in legislative bills numbers S. 2746 and A. 808, takes
 effect.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.