Welcome to PIA
ConnecticutNew HampshireNew JerseyNew York
Education Events Government, industry affairs Member resources Products, services Young professionals

PIANY legislative wrap-upó2016

Resource kit 31059

By Matthew F. Guilbault, Esq.

The 2016 NY legislative session ended with a flurry of agreements as lawmakers headed home for the rest of the year and focused on the November elections. Here is an update on where some of the important insurance-related proposals ended up:

Ride hailing fails in New York Legislature—Uber, Lyft out
The bill to authorize ride-sharing companies like Uber and Lyft to operate outside New York City didn’t pass both houses. Assembly Democrats wanted larger insurance limits on the companies, even as this bill passed the Senate on Friday afternoon. Senate Insurance Committee Chairperson James Seward, R-Milford, Otsego County, who sponsored the bill, said the measure was important to upstate and he was disappointed a deal couldn’t be reached. Still, some lawmakers said the bill didn’t go far enough to ensure consumers and drivers were protected. Unions, insurance companies, taxi drivers and trial lawyers have been in a high-priced lobbying war over the matter—and that led to a stalemate.

S.4108-D—Seward—Relates to transportation network companies - No same as. An act to amend the Insurance Law, in relation to transportation network companies
6/17/16 Passed Senate
6/17/16 Delivered to Assembly
6/17/16 Referred to Insurance Committee

PIANY’s SIF 30-day repeal
Unfortunately, the Legislature did not act on our SIF 30-day repeal bill. PIANY is pleased we got it as far as we did (Senate 3rd Reading Calendar/Assembly Rules) and hope to use that as momentum for next session. Because of our efforts, lawmakers are finally paying attention to the inherent advantages SIF enjoys.

S.5250-A Seward—A.7742A Zebrowski—Relates to the requirement for policyholders to provide 30 days' notice to withdraw from the state insurance fund. An act to amend the Workers' Compensation Law, in relation to the requirement for policyholders to provide 30 days' notice to withdraw from the State Insurance Fund.
Last Action: 6/14/16 Reported and Referred to Rules Committee
Same as: S.5250 Last Action: 6/17/16 Committed to Rules Committee

PIANY’s continuing-education fix
On the continuing-education front, PIANY’s priority legislation to ease CE requirements for producers with multiple licenses was reported from committee, but ultimately not acted upon. PIANY will continue to work with the Department of Financial Services to try and get resolution for our affected producers and stands prepared to initiate legislative efforts next session if necessary.

S.7940 Seward—A.10378 Cahill—Relates to continuing education for agents, brokers, adjusters, consultants and intermediaries. An act to amend the Insurance Law, in relation to continuing education for agents, brokers, adjusters, consultants and intermediaries.
Last Action: 6/1/16 Reported and Referred to Codes Committee
Same as: S.7940 Last Action: 05/26/16 Referred to Insurance Committee

PIANY secures producer representation on insurance advisory board
PIANY was successful in getting two agent representatives added to the new Insurance Advisory Board legislation, which passed both houses. The bill will now be sent to the governor. The bill, S.7536A/A.10267 creates a State Insurance Advisory board within the Department of Financial Services consisting of seventeen members who will be appointed by the superintent of the NYDFS, including nine representatives of domestic insurance companies, five representatives of foreign insurance companies, two insurance producers and one consumer representative. The board will make recommendations on ways to grow the industry in New York, and to encourage insurers to offer diverse and affordable insurance products. The board also would suggest amendments to laws, regulations or guidance to further these goals. PIANY was successful in getting two insurance producers designated as members of the board.

S.7536-A Seward—A.10267-A Cahill —Establishes a state insurance advisory board. An act to amend the Insurance Law, in relation to the establishment of a state insurance advisory board.
6/9/16 Passed Senate
6/15/16 Passed Assembly

PIANY-supported policyholder notices for workers' compensation
Legislation supported by PIANY which would have required advance notice of premium increase on renewal for workers' compensation policies passed the Assembly, but did not pass the Senate.

S.4399-A Robach—A.2948-A Hevesi—Relates to providing conditional renewal notices to policyholders. An act to amend the Workers' Compensation Law, in relation to providing conditional renewal notices to policyholders.
Last Action: 6/15/16 Referred to Rules Committee
Same as: S.4399 Last Action: 6/17/16 Committed to Rules Committee

PIANY-supported coastal homeowner’s insurance—hurricane deductible trigger standardization
PIANY has long believed that reasonable standards for uniformity in the triggering and operation of hurricane windstorm deductibles for coastal homeowners must be established. Doing so would promote clear understanding of how the policy will respond while maintaining insurance carriers’ ability to apportion hurricane risk between insurers and policyholders with freedom to adjust deductibles. Despite the display of deductible amounts in the policy declarations, the overwhelming majority of policyholders are unaware that different insurance companies have different windstorm triggers. It is the triggering event that will, ultimately, determine whether a windstorm deductible applies to a policyholder’s loss; and, therefore, the windstorm trigger has substantial effect on out-of-pocket costs for homeowners. Standardization of these triggering events is needed now.

S.253A LaValle—A.7537-A Kaminsky (MS)—Makes provisions with respect to notices of homeowners’ deductibles triggers for hurricane windstorms. An act to amend the Insurance Law, in relation to homeowners insurance deductibles triggers.
Last Action: 3/21/16 Referred to Insurance Committee
Same as: S.253 Last Action: 1/26/16 Amended and Recommitted to Insurance Committee
1/26/16 Print Number 253-A

Additionally, PIANY has tracked hundreds of bills this session and compiled them in a weekly “Hot List.” Here are how some of those bills ended up:

Windstorm/hurricane/flood
S.322 LaValle—A93 Thiele—Provides that the maximum deductible allowed on policies for windstorms shall not be greater than $1,500.
An act to amend the Insurance Law, in relation to windstorm insurance notice regarding deductibles. Last Action: 1/6/16 Referred to Insurance Committee.
Same as: S.322 Last Action: 1/6/16 Referred to Insurance Committee

A.2241 Pretlow—Requires insurers insuring property in floodplains to include damages done by wave action or windblown waves. No same as. An act to amend the Insurance Law, in relation to requiring floodplain insurance to cover damages caused by waves.
Last Action: 1/6/16 Referred to Insurance Committee

A.3337 Hawley—Prohibits mortgagees from requiring mortgagors of certain pieces of real property to purchase flood insurance coverage exceeding the actual value of the loan.  No same as. An act to amend the Real Property Law, in relation to prohibiting mortgagees from requiring mortgagors of certain real property to purchase flood insurance exceeding the amount required by federal law.
Last Action: 5/17/16 Held for Consideration in Judiciary Committee

A.3802 Goldfeder (MS)—Relates to anti-concurrent causation clauses. No same as. An act to amend the Insurance Law, in relation to anticoncurrent causation clauses.
Last Action: 1/6/16 Referred to Insurance Committee

S.1398 Carlucci—A.4458 Skoufis (MS)—Establishes standards for the prompt investigation and settlement of claims arising out of states of emergency and disasters. An act to amend the Insurance Law, in relation to standards for prompt investigation and settlement of claims arising from states of emergency.
Last Action: 3/21/16 Referred to Insurance Committee
Same as: S.1398 Last Action: 1/6/16 Referred to Insurance Committee

A.4703 Moya—Relates to business interruption insurance. No same as. An act to amend the Insurance Law, in relation to business interruption insurance.
Last Action: 1/6/16 Referred to Insurance Committee

S.856 Klein—A.6385 Thiele—Directs the special advisory panel on homeowners insurance/catastrophe coverage to study certain facets of insurance in coastal areas. An act to amend Chapter 42 of the Laws of 1996 amending the insurance law relating to homeowners insurance and a temporary panel on homeowners 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 extending the effectiveness of certain stand-by powers of the New York Property Insurance Underwriting Association, in relation to the program designed to attract more competitors to the homeowners' insurance market.
Last Action: 1/6/16 Referred to Insurance Committee
Same as: S.856 Last Action: 1/6/16 Referred to Insurance Committee

S.2350 Seward— Relates to business interruption insurance. No same as. An act to amend the Insurance Law, in relation to business interruption insurance.
Last Action: 1/6/16 Referred to Insurance Committee

S.2351 Seward—Relates to anti-concurrent causation clauses. No same as. An act to amend the Insurance Law, in relation to anti-concurrent causation clauses.
Last Action: 1/6/16 Referred to Insurance Committee

S.2371 Seward—Relates to property/casualty insurer report cards. No same as. An act to amend the Insurance Law, in relation to property/casualty insurer report cards.
Last Action: 1/6/16 Referred to Insurance Committee

Claims
S.3207 Addabbo—A.693 Miller—Relates to the denial of certain insurance claims.
An act to amend the Insurance Law, in relation to the denial of certain insurance claims; and to amend the General Municipal Law, in relation to requiring certain municipal and government entities to notify mortgagees and lien holders when such entities are denied access to inspect certain real properties.
Last Action: 1/11/16 Recommitted, Enacting Clause Striken
Same as: A.693 Last Action: 1/6/16 Referred to Insurance Committee

A3069 Peoples-Stokes—Prohibits discrimination in the issuance of certain insurance policies based upon inquiries in which loss or damage is revealed. No same as. An act to amend the Insurance Law, in relation to discrimination based on inquiries.
Last Action: 1/6/16 Referred to Insurance Committee

A.6290 Englebright (MS)—Requires the removal from an insured's record of claims any claim paid for lost property which was not lost and the insured reimbursed the insurer for the claim.  No same as. An act to amend the Insurance Law, in relation to requiring insurers of property to eliminate from the claims record of an insured any claim of loss made and paid in good faith which is discovered to be false, and the proceeds of such claim are repaid to the insurer.
Last Action: 1/6/16 Referred to Insurance Committee

Automobile insurance, no-fault
S.7051 Seward—A.862-A Pretlow (MS)—Criminalizes acting as a runner or soliciting or employing a runner to procure patients or clients. An act to amend the Penal Law and the Criminal Procedure Law, in relation to criminalizing acting as a runner or soliciting or employing a runner to procure patients or clients.
Last Action: 5/23/16 Amended and Recommitted to Codes Committee
5/23/16 Print Number 862-A
Same as: S.7051 Last Action: 6/8/16 Referred to Codes Committee

S.4629 Lanza—A.1995 Zebrowski (MS)—Provides that an automobile insurer may waive the inspection of a private passenger automobile prior to providing physical damage coverage. An act to amend the Insurance Law, in relation to inspections of private passenger automobiles prior to the provision of coverage for physical damage thereto.
Last Action : 1/6/16 Referred to Insurance Committee
Same as: S.4629 Last Action: 1/6/16 Referred to Insurance Committee

S.1146-A Klein—A.2033-A Weprin—Enacts provisions to reduce the incidence of motor vehicle insurance fraud; repealer. An act to amend the Insurance Law, the Penal Law, and the Vehicle and Traffic Law, in relation to insurance fraud; and to repeal Subdivision 1 of Section 502 of the Vehicle and Traffic Law relating to applications for licenses.
Last Action: 2/19/16 Amended and Recommitted to Insurance Committee
2/19/16 Print Number 2033-A
Same as S.1146 Last Action: 1/13/16 Amended and Recommitted to Insurance Committee
1/13/16 Print Number 1146-A

A.2099 Weprin—Relates to crime of staging a motor vehicle accident. No same as. An act to amend the Penal Law, in relation to staging a motor vehicle accident.
Last Act: 1/6/16 Referred to Codes Committee

A.2615-B Weprin (MS)—Creates the crime of staging a motor vehicle accident. No Same as. An act to amend the Penal Law, in relation to staging a motor vehicle accident.
Last Action: 2/25/16 Referred to Codes Committee

S.7900 Akshar—A.2766 Brennan—Increases the minimum insurance coverage requirements for motor vehicles rented or leased in the state. An act to amend the Vehicle and Traffic Law, in relation to increasing the minimum insurance coverage requirements for motor vehicles rented or leased in the state of New York.
Last Action: 1/6/16 Referred to Transportation Committee
Same as: S.7900 Last Action: 5/23/16 Referred to Transportation Committee

S.1471 Golden—A.7005 Crespo—Permits an insurer to rescind or retroactively cancel a policy in circumstance involving an accident staged to defraud an insurer. An act to amend the Insurance Law and the Vehicle and Traffic Law, in relation to permitting an insurer to rescind or retroactively cancel a policy in certain circumstances.
Last Action: 1/6/16 Referred to Insurance Committee
Same as: S.1471 Last Action: 6/14/16 Referred to Insurance Committee

S.791 Breslin—Enacts the Automobile Fraud Prevention Act of 2015. No same as. An act to amend the Insurance Law, in relation to enacting the "Automobile Insurance Fraud Prevention Act of 2015"
Last Action: 1/6/16 Referred to Insurance Committee

S.1927-A Parker—Enacts a Comprehensive Motor Vehicle Insurance Rate Reform Act and revives previously expired provisions of law relating to automobile insurance rates. No same as. An act to amend the Executive Law, the Insurance Law and the State Finance Law, in relation to enacting the "Comprehensive Motor Vehicle Insurance Rate Reform Act."
Last Action: 1/14/16 Amended and Recommitted to Finance Committee
1/14/16 Print Number 1927-A

S.3511 Seward—Relates to crime of staging a motor vehicle accident. No same as. An act to amend the Penal Law, in relation to staging a motor vehicle accident.
Last Action: 4/4/16 Referred to Codes Committee

Credit rating, underwriting
A.901 Miller—Prohibits insurers from using credit information as the sole basis for charging an increased premium when underwriting or rating a new policy. No same as. An act to amend the Insurance Law, in relation to prohibiting the use of credit information as the sole basis for charging an increased premium for a new policy.
Last Action: 1/6/16 Referred to Insurance Committee

Insurance policies
S.4221-A Seward—A.1230-A Cahill (MS)—Requires the superintendent of financial services to promulgate regulations which provide standardized definitions for commonly used terms and phrases in certain insurance policies. An act to amend the Insurance Law, in relation to requiring the superintendent of financial services to promulgate regulations which provide standardized definitions for commonly used terms and phrases in certain insurance policies.
Last Action: 3/21/16 Referred to Insurance Committee
Same as: S.4221 Last Action: 1/11/16 Amended and Recommitted to Insurance Committee
1/11/16 Print Number 4221-A

S.1762-A Seward—A.4601-A Quart—Relates to the posting of insurance policies on the internet. An act to amend the Insurance Law, in relation to posting insurance policies on the internet.
Last Action: 1/11/16 Amended and Recommitted to Insurance Committee
1/11/16 Print Number 4601-A
Same as: S.1762 Last Action: 1/11/16 Amended and Recommitted to Insurance Committee
1/11/16 Print Number 1762-A

S.2349 Seward—A.2082 Cahill (MS)—Relates to personal and commercial lines insurance. An act to amend the Insurance Law, in relation to personal and commercial lines insurance. Provides that an insurer or producer shall, prior to the time a policy of personal lines insurance is sold or purchased, provide the potential insured with a copy of the policy and allow the potential insured sufficient time to review such policy.
Last Action: 1/6/16 Referred to Insurance Committee
Same as: S.2349 Last Action: 1/6/16 Referred to Insurance Committee

Federal uniformity
A.1262 Titus (MS)—Establishes the "Interstate Insurance Product Regulation Compact" to regulate certain insurance products among member states and to promote and protect the interest of consumers of individual and group annuity, life insurance, disability income and long term care insurance products. No same as. An act to amend the Insurance Law, in relation to establishing the Interstate Insurance Product Regulation Compact to regulate certain insurance products and providing for the repeal of such provisions upon expiration thereof.
Last Action: 1/6/16 Referred to Insurance Committee

A.5208-A Simotas—Establishes the "Interstate Insurance Product Regulation Compact" to regulate certain insurance products among member states and to promote and protect the interest of consumers of individual and group annuity, life insurance, disability income and long-term care insurance products. No same as. An act to amend the Insurance Law, in relation to establishing the interstate insurance product regulation compact to regulate certain insurance products.
Last Action: 6/3/16 Amended and Recommitted to Insurance Committee
6/3/16 Print Number 5208-A

S.3287 Seward—Establishes the "Interstate Insurance Product Regulation Compact" to regulate certain insurance products among member states and to promote and protect the interest of consumers of individual and group annuity, life insurance, disability income and long-term care insurance products. No same as. An act to amend the Insurance Law, in relation to establishing the Interstate Insurance Product Regulation Compact to regulate certain insurance products.
Last Action: 6/8/16 Referred to Insurance Committee

Workers' compensation—New York State Insurance Fund reform
S.254 LaValleA.2904 Weprin—Removes the state insurance funds exemption from licensing and other requirements of the Insurance Law. An act to amend the Insurance Law, in relation to removing the exemption of the state insurance fund from licensing and other requirements; to amend the Workers' Compensation Law, in relation to requiring the superintendent of insurance to approve the rules adopted by the State Insurance Fund for the conduct of its business; and to amend the Workers' Compensation Law, in relation to the requirement for policyholders to provide 30 days' notice to withdraw from the State Insurance Fund.
Last Action: 1/6/16 Referred to Insurance Committee
Same as: S.254 Last Action: 1/6/16 Referred to Insurance Committee

S.128 Diaz—Relates to the New York Black Car Operators' Injury Compensation Fund Inc. No same as. An act to amend the Executive Law and the Workers' Compensation Law, in relation to workers' compensation benefits secured by the New York Black Car Operators' Injury Compensation Fund Inc.
Last Action: 1/6/16 Referred to Finance Committee

Tort reform—New York Labor Law
S.543 Gallivan—A.3209 Morelle (MS)—Relates to the applicability of certain provisions with respect to persons injured in the use of scaffolding and other devices for use by employees. An act to amend the Civil Practice Law and rules, in relation to the applicability of certain provisions with respect to persons injured in the use of scaffolding and other devices for use by employees.
Last Action: 1/6/16 Referred to Judiciary Committee
Same as: S.543 Last Action: 1/6/16 Referred to Judiciary Committee

Policyholder protections
A.7182-A Cymbrowitz—Authorizes an insured to designate a third party to receive cancellation notification. No same as. An act to amend the Insurance Law, in relation to the designation of third parties to receive notification of cancellation.
Last Action: 1/6/16 Referred to Insurance Committee

S.5126-A Amedore—A.7339-A Brindisi—Relates to home improvement contract provisions. An act to amend the General Business Law, in relation to home improvement contract provisions.
Last Action: 6/16/16 Referred to Rules Committee
Same as: S.5126 Last Action: 3/18/16 Amended (t) and Recommitted to Consumer Protection Committee
3/18/16 Print Number 5126-A

S.5211 Seward—A.9804 Harris—Relates to property/casualty insurer report cards.
An act to amend the Insurance Law, in relation to property/casualty insurer report cards.
Last Action: 4/11/16 Referred to Insurance Committee
Same as: S.5211 Last Action: 1/6/16 Referred to Insurance Committee

S.2268 Golden—A.10269 Cymbrowitz—Authorizes an insured to designate a third party to receive cancellation notification. An act to amend the Insurance Law, in relation to the designation of third parties to receive notification of cancellation.
Last Action: 6/14/16 Substituted by S.2268
6/14/16 Returned to Senate
Same as: S.2268 Last Action: 6/14/16 Returned to Senate

A.10690 Rules (Cancel)—Creates a homeowners' bill of rights to inform consumers with regard to insuring against catastrophic loss. No same as. An act to amend the Insurance Law, in relation to creating a homeowners' bill of rights and a consumer guide on insuring against catastrophic loss caused by natural disasters.
Last Act: 6/16/16 Ordered to Third Reading Rules Calendar 477

S.4048 Lanza—Creates a homeowners' bill of rights to inform consumers with regard to insuring against catastrophic loss. No same as. An act to amend the Insurance Law, in relation to creating a homeowners' bill of rights and a consumer guide on insuring against catastrophic loss caused by natural disasters.
Last Action: 1/6/16 Reffered to Insurance Committee

7/16

 


© 2013 by Professional Insurance Agents. All rights reserved. Disclaimer and legal notice