S T A T E O F N E W Y O R K
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7189
2023-2024 Regular Sessions
I N S E N A T E
May 18, 2023
___________
Introduced by Sen. BRESLIN -- 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 extending provisions
of the property/casualty insurance availability act and the authority
of the New York property insurance underwriting association
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 2342 of the insurance law, as amended by section 1
of item JJ of subpart B of part XXX of chapter 58 of the laws of 2020,
is amended to read as follows:
§ 2342. Expiration of certain provisions. The provisions of subsection
(c) of section two thousand three hundred seven, section two thousand
three hundred eight, subsection (a) of section two thousand three
hundred ten, sections two thousand three hundred sixteen, two thousand
three hundred twenty, two thousand three hundred twenty-three, two thou-
sand three hundred twenty-six, and two thousand three hundred thirty-
five, and subsection (b) of section two thousand three hundred thirty-
six of this article shall cease to be of any force or effect during the
period August third, two thousand one through the day before the effec-
tive date of the property/casualty insurance availability act, and after
June thirtieth, two thousand [twenty-three] TWENTY-SIX.
§ 2. Subsection (f) of section 2305 of the insurance law, as amended
by section 2 of item JJ of subpart B of part XXX of chapter 58 of the
laws of 2020, is amended to read as follows:
(f) Subsection (a) of this section shall be of no force or effect
during the period August third, two thousand one through the day before
the effective date of the property/casualty insurance availability act,
and after June thirtieth, two thousand [twenty-three] TWENTY-SIX. During
the period August third, two thousand one through the day before the
effective date of the property/casualty insurance availability act, and
again commencing on July first, two thousand [twenty-three] TWENTY-SIX,
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11524-01-3
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all rates previously subject to subsection (a) of this section, other
than rates that are not required to be filed pursuant to subsection (b)
of section two thousand three hundred ten of this article or that have
been suspended from the filing requirement pursuant to section two thou-
sand three hundred eleven of this article, shall become subject to
subsections (b), (c) and (d) of this section. All other provisions of
this article applicable to kinds of insurance or insurance activities
the rates for which are subject to prior approval under subsection (b)
of this section shall apply to kinds of insurance the rates for which
were previously subject to subsection (a) of this section or the rates
for which are not required to be filed pursuant to subsection (b) of
section two thousand three hundred ten of this article or the rates for
which have been suspended from the filing requirement pursuant to
section two thousand three hundred eleven of this article.
§ 3. Subsection (h) of section 2344 of the insurance law, as amended
by section 3 of item JJ of subpart B of part XXX of chapter 58 of the
laws of 2020, is amended to read as follows:
(h) This section shall cease to be of any force or effect during the
period August third, two thousand one through the day before the effec-
tive date of the property/casualty insurance availability act, and after
June thirtieth, two thousand [twenty-three] TWENTY-SIX, except that
rates shall reflect the likely reductive cost effects reasonably attrib-
utable to the statutory provisions specified in paragraph one of
subsection (g) of this section.
§ 4. Sections 2328 and 2329 of the insurance law, as amended by
section 5 of item JJ of subpart B of part XXX of chapter 58 of the laws
of 2020, are amended to read as follows:
§ 2328. Certain motor vehicle insurance rates; prior approval. For the
periods February first, nineteen hundred seventy-four through August
second, two thousand one, and the effective date of the
property/casualty insurance availability act through June thirtieth, two
thousand [twenty-three] TWENTY-SIX, no changes in rates, rating plans,
rating rules and rate manuals applicable to motor vehicle insurance,
including no-fault coverages under article fifty-one of this chapter,
shall be made effective until approved by the superintendent, notwith-
standing any inconsistent provisions of this article; provided, however,
that changes in such rates, rating plans, rating rules and rate manuals
may be made effective without such approval if the rates that result
from such changes are no higher than the insurer's rates last approved
by the superintendent. This section shall apply only to policies cover-
ing losses or liabilities arising out of ownership of a motor vehicle
used principally for the transportation of persons for hire, including a
bus or a school bus as defined in sections one hundred four and one
hundred forty-two of the vehicle and traffic law.
§ 2329. Motor vehicle insurance rates; excess profits. In accordance
with regulations prescribed by the superintendent, each insurer issuing
policies that are subject to article fifty-one of this chapter, includ-
ing policies of motor vehicle personal injury liability insurance or
policies of motor vehicle property damage liability insurance or insur-
ance for loss or damage to a motor vehicle, shall establish a fair,
practicable, and nondiscriminatory plan for refunding or otherwise cred-
iting to those purchasing such policies their share of the insurer's
excess profit, if any, on such policies. An excess profit shall be a
profit beyond a percentage rate of return on net worth attributable to
such policies, computed in accordance with the regulation required by
section two thousand three hundred twenty-three of this article, and
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determined by the superintendent to be so far above a reasonable average
profit as to amount to an excess profit, taking into consideration the
fact that losses or profits below a reasonable average profit will not
be recouped from such policyholders. Each plan shall apply to policy
periods for the periods January first, nineteen hundred seventy-four
through August second, two thousand one, and the effective date of the
property/casualty insurance availability act through June thirtieth, two
thousand [twenty-three] TWENTY-SIX. In prescribing such regulations the
superintendent may limit the duration of such plans, waive any require-
ment for refund or credit that [he or she] THE SUPERINTENDENT determines
to be de minimis or impracticable, adopt forms of returns that shall be
made to [him or her] THE SUPERINTENDENT in order to establish the amount
of any refund or credit due, establish periods and times for the deter-
mination and distribution of refunds and credits, and shall provide that
insurers receive appropriate credit against any refunds or credits
required by any such plan for policyholder dividends and for return
premiums that may be due under rate credit or retrospective rating plans
based on experience.
§ 5. Paragraphs 1 and 2 and the opening paragraph of paragraph 3 of
subsection (m) of section 3425 of the insurance law, as amended by
section 4 of item JJ of subpart B of part XXX of chapter 58 of the laws
of 2020, are amended to read as follows:
(1) Paragraphs eight and nine of subsection (a), subsection (f) and
subparagraphs (B) and (E) of paragraph one of subsection (j) of this
section shall not apply to any new covered policy of automobile insur-
ance voluntarily written on or after August first, nineteen hundred
eighty-five and prior to January first, nineteen hundred eighty-six, and
on or after August second, two thousand one and prior to the effective
date of the property/casualty insurance availability act, and on or
after June thirtieth, two thousand [twenty-three] TWENTY-SIX, but the
legal rights granted to insurers or policyholders under such provisions
shall not be extinguished or impaired thereby.
(2) In lieu of such provisions, paragraph seven of subsection (a),
subparagraph (A) of paragraph one of subsection (j) of this section and
paragraph three of this subsection shall apply to such automobile insur-
ance policies that are newly and voluntarily written to have an effec-
tive date on or after August first, nineteen hundred eighty-five and
prior to January first, nineteen hundred eighty-six, and on or after
August second, two thousand one and prior to the effective date of the
property/casualty insurance availability act, and on or after June thir-
tieth, two thousand [twenty-three] TWENTY-SIX.
On and after August first, nineteen hundred eighty-five and prior to
January first, nineteen hundred eighty-six, and on or after August
second, two thousand one and prior to the effective date of the
property/casualty insurance availability act, and on or after June thir-
tieth, two thousand [twenty-three] TWENTY-SIX, no notice of nonrenewal
or conditional renewal of such covered automobile insurance policies
referred to in this subsection shall be issued to become effective
during the required policy period unless it is based upon a ground for
which the policy could have been cancelled or unless it is based upon
one or more of the following grounds that occurred during the thirty-six
month period ending on the last day of the fourth month preceding the
month of the effective date of such notice of nonrenewal or conditional
renewal:
§ 6. Subsection (g) of section 5402 of the insurance law, as amended
by chapter 70 of the laws of 2019, is amended to read as follows:
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(g) In addition to fire insurance, extended coverage, coverage for
additional perils and homeowners insurance should the same be made
available through the association in accordance with a determination of
necessity pursuant to section five thousand four hundred twelve of this
article, the association may offer broad form coverage to applicants
seeking to insure real property at fixed locations of this state, or the
tangible personal property located thereon. The association may offer
broad form coverage [for a period of fifteen years beginning on] UNTIL
June thirtieth, two thousand [eight] TWENTY-EIGHT. On or before October
first, two thousand [seventeen] TWENTY-SEVEN the superintendent shall
require the association to report to [him or her] THE SUPERINTENDENT as
to the number of policies written pursuant to this subsection and para-
graph three of subsection (f) of section five thousand four hundred five
of this article, and any other information the superintendent may
require. On or before January first, two thousand [eighteen] TWENTY-
EIGHT, the superintendent shall report to the governor and the legisla-
ture regarding the number of policies issued pursuant to this section
and such paragraph and shall include recommendations as to the continua-
tion of such insurance offerings.
§ 7. Subsection (g) of section 5412 of the insurance law, as amended
by section 6 of item JJ of subpart B of part XXX of chapter 58 of the
laws of 2020, is amended to read as follows:
(g) The provisions of this section shall cease to be of any force or
effect on or after June thirtieth, two thousand [twenty-three] TWENTY-
SIX, except that policies issued or other obligations incurred by the
association shall not be impaired by the expiration of this section and
the association shall continue for the purpose of servicing such poli-
cies and performing such obligations.
§ 8. This act shall take effect immediately.
