Legislation
SECTION 3445
Windstorm insurance notice; deductible trigger standards
Insurance (ISC) CHAPTER 28, ARTICLE 34
§ 3445. Windstorm insurance notice; deductible trigger standards. (a)
The superintendent shall by regulation establish disclosure requirements
with respect to the operation of any deductible in a homeowner's
insurance policy or dwelling fire personal lines policy which applies as
the result of a windstorm. Such regulations shall prescribe the form of
a notice to be provided by an insurer to an insured. The notice shall
explain in clear and plain language the amount of the deductible, the
circumstances under which the deductible applies and any other matters
which the superintendent, in his or her discretion, shall deem necessary
or appropriate.
(b) The superintendent shall by regulation establish standards for
hurricane windstorm deductibles, which create, to the greatest extent
possible, uniformity in the operation of such deductibles with respect
to the triggering event.
The superintendent shall promulgate such regulations by emergency
adoption or otherwise, within one hundred eighty days of the effective
date of the chapter of the laws of two thousand twenty-three which added
this subsection. Notwithstanding paragraph seven of subsection (a) of
section three thousand four hundred twenty-five of this article, any
changes in a homeowner's insurance policy or dwelling, fire, or personal
policy registered as a result of the adoption by the superintendent of
regulations under this section, may be applied to such policies on the
policy's initial renewal date or the policy's next annual renewal after
the effective date of such regulations.
The superintendent shall by regulation establish disclosure requirements
with respect to the operation of any deductible in a homeowner's
insurance policy or dwelling fire personal lines policy which applies as
the result of a windstorm. Such regulations shall prescribe the form of
a notice to be provided by an insurer to an insured. The notice shall
explain in clear and plain language the amount of the deductible, the
circumstances under which the deductible applies and any other matters
which the superintendent, in his or her discretion, shall deem necessary
or appropriate.
(b) The superintendent shall by regulation establish standards for
hurricane windstorm deductibles, which create, to the greatest extent
possible, uniformity in the operation of such deductibles with respect
to the triggering event.
The superintendent shall promulgate such regulations by emergency
adoption or otherwise, within one hundred eighty days of the effective
date of the chapter of the laws of two thousand twenty-three which added
this subsection. Notwithstanding paragraph seven of subsection (a) of
section three thousand four hundred twenty-five of this article, any
changes in a homeowner's insurance policy or dwelling, fire, or personal
policy registered as a result of the adoption by the superintendent of
regulations under this section, may be applied to such policies on the
policy's initial renewal date or the policy's next annual renewal after
the effective date of such regulations.