S T A T E   O F   N E W   Y O R K
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                                   190

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced by M. of A. GANTT, ROBINSON, COLTON, GALEF -- Multi-Sponsored
  by  --  M.  of A.   DINOWITZ, GLICK, HOOPER, PEOPLES-STOKES, TITONE --
  read once and referred to the Committee on Insurance

AN ACT to amend the insurance law, in relation to "the New York residen-
  tial insurance providers disclosure act of 2015"

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  This act shall be known and may be cited as "the New York
residential insurance providers disclosure act of 2015".
  S 2. Subsection (a) of section 2315 of the insurance law,  as  amended
by chapter 398 of the laws of 1990, is amended to read as follows:
  (a)  [Every]  WITH  RESPECT TO RESIDENTIAL INSURANCE, EVERY AUTHORIZED
INSURER SHALL BY MARCH THIRTY-FIRST OF EACH YEAR FILE  WITH  THE  SUPER-
INTENDENT,  OR WITH SUCH OTHER AGENCY AS THE SUPERINTENDENT MAY APPROVE,
A "RESIDENTIAL INSURANCE RATE, EXPERIENCE  AND  STATISTICAL  REPORT"  AS
DESCRIBED IN SUBSECTION (D) OF THIS SECTION, AND SHALL MAKE AVAILABLE IN
AN  ELECTRONIC  DATABASE FORMAT THE STATISTICAL INFORMATION ON ITS RESI-
DENTIAL ACTIVITIES ACCORDING TO THE PROVISIONS OF SUBSECTION (D) OF THIS
SECTION. WITH RESPECT TO NON-RESIDENTIAL AND ALL OTHER LINES  OF  INSUR-
ANCE, EVERY authorized insurer shall annually file with the rate service
organization  of  which it is a member or subscriber, or with such other
agency as the superintendent may approve, a statistical report showing a
classification schedule of its premiums and losses on all kinds or types
of insurance business subject to this article, and such  other  informa-
tion  as  the  superintendent  may  deem  necessary or expedient for the
administration of the provisions of  this  article.  The  superintendent
from time to time may prescribe the form of the report including statis-
tical  data  conforming  to established classifications. The statistical
reports shall be consolidated in accordance with regulations  prescribed
by  the  superintendent.  Such  consolidations  shall be made available,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD02921-01-5

A. 190                              2

subject to reasonable rules promulgated by the superintendent, to insur-
ers and rate service organizations. No  insurer  shall  be  required  to
record  or  report its loss experience on a classification basis that is
inconsistent  with the rating system filed by it, except that the super-
intendent may require each insurer writing private passenger  automobile
coverages  to  file  annually  with the superintendent (or a statistical
agent designated by the superintendent for such purpose),  in  the  form
prescribed  by the superintendent, a statistical report showing a sched-
ule of its premiums, losses, and exposures classified by  United  States
postal  zip  code. [No] EXCEPT AS PROVIDED FOR IN SUBSECTION (D) OF THIS
SECTION, NO statistical report shall be issued or otherwise made  avail-
able  to any rate service organization (except in the capacity of desig-
nated statistical agent), insurers, or persons  other  than  appropriate
governmental  entities,  except  on  a  consolidated  manner, or in such
aggregate form as to protect an individual insurer's schedule of  premi-
ums, losses and exposures for any specific zip code.
  S 3.  Subsections (d) and (e) of section 2315 of the insurance law are
relettered  (e)  and  (f)  and  a new subsection (d) is added to read as
follows:
  (D) (1) BEGINNING JANUARY FIRST, TWO  THOUSAND  SIXTEEN  AND  ANNUALLY
THEREAFTER,  THE SUPERINTENDENT SHALL REQUIRE EACH INSURER AUTHORIZED TO
WRITE AND WRITING THE KINDS OF INSURANCE SPECIFIED IN PARAGRAPH FOUR  OF
SUBSECTION  (A)  OF  SECTION  ONE  THOUSAND ONE HUNDRED THIRTEEN OF THIS
CHAPTER, SUBPARAGRAPH (A) OF PARAGRAPH  FIVE  OF  SUCH  SUBSECTION,  AND
HOMEOWNERS INSURANCE, TO FILE A STATISTICAL REPORT OF ITS EXPERIENCE FOR
THE PREVIOUS CALENDAR YEAR, FOR EACH FORM AND RATING CLASSIFICATION, AND
TIER  IN  A  MULTI-TIER  PROGRAM, WHERE APPLICABLE, CLASSIFIED BY UNITED
STATES CENSUS TRACT.
  FOR THE PURPOSES OF THIS  SECTION,  "HOMEOWNERS  INSURANCE,"  INCLUDES
MULTI-TIER  INSURANCE PROGRAMS, AND MEANS A CONTRACT OF INSURANCE INSUR-
ING AGAINST THE CONTINGENCIES DESCRIBED IN SUBPARAGRAPHS  (A),  (B)  AND
(C),  OR (B) AND (C) OF PARAGRAPH TWO OF SUBSECTION (A) OF SECTION THREE
THOUSAND FOUR HUNDRED  TWENTY-FIVE  OF  THIS  CHAPTER  AND  WHICH  IS  A
"COVERED  POLICY"  OF  PERSONAL LINES INSURANCE AS DEFINED IN SUCH PARA-
GRAPH; PROVIDED, HOWEVER, THAT THE COVERAGES PROVIDED UNDER SUCH SUBPAR-
AGRAPHS (B) AND (C) SHALL NOT APPLY WHERE A NATURAL PERSON DOES NOT HAVE
AN INSURABLE INTEREST IN THE REAL PROPERTY, OR A PORTION THEREOF, OR THE
RESIDENTIAL UNIT IN WHICH SUCH PERSON RESIDES.
  (2) SUCH STATISTICAL REPORT SHALL BE  IN  A  FORM  PRESCRIBED  BY  THE
SUPERINTENDENT  AS  IN  EFFECT  AT THE COMMENCEMENT OF THE CALENDAR YEAR
REPORTED UPON, AND SHALL INCLUDE, BUT NOT BE LIMITED TO,  THE  FOLLOWING
INFORMATION:
  (A)  THE NUMBER OF POLICIES IN EFFECT, OR OTHER EXPOSURES INSURED. FOR
THE PURPOSES OF THIS SUBSECTION, "POLICIES IN  EFFECT"  SHALL  MEAN  THE
NUMBER OF POLICIES WRITTEN IN THE REPORTING YEAR, AND "OTHER EXPOSURES,"
IF  ANY,  SHALL  MEAN ANY COVERAGE EXTENDED OTHER THAN POLICIES WRITTEN,
AND SHALL BE DESCRIBED IN THE REPORT IN SUFFICIENT  DETAIL  TO  IDENTIFY
THE COVERAGE PROVIDED;
  (B) THE NUMBER OF APPLICATIONS FOR COVERAGE;
  (C)  THE  NUMBER  OF APPLICATIONS FOR WHICH COVERAGE WAS NOT PROVIDED,
CLASSIFIED ACCORDING TO APPLICATIONS WITHDRAWN, APPLICATIONS DENIED, AND
APPLICATIONS STILL IN PROCESS;
  (D) THE NUMBER OF POLICIES NOT RENEWED;
  (E) THE NUMBER OF POLICIES CANCELLED OR TERMINATED;
  (F) THE NUMBER OF CLAIMS FILED;
  (G) THE NUMBER OF CLAIMS APPROVED, IN WHOLE OR IN PART;

A. 190                              3

  (H) THE NUMBER OF CLAIMS DENIED, IN WHOLE OR IN PART;
  (I) THE AMOUNTS OF THE LOSSES INCURRED;
  (J) THE AMOUNTS OF THE LOSSES PAID;
  (K)  FOR INSURERS DISTRIBUTING THROUGH DIRECT SOLICITATION, THE NUMBER
OF DIRECT MAIL OR TELEPHONE SOLICITATIONS;
  (L) THE NUMBER OF AGENTS APPOINTED BY THE INSURER;
  (M) THE STREET ADDRESSES OF ALL OFFICES ISSUING OR SERVICING POLICIES;
  (N) LANGUAGES SPOKEN, OTHER THAN ENGLISH, WITH SUFFICIENT  FLUENCY  TO
CONDUCT BUSINESS IN THAT LANGUAGE BY PERSONNEL WITHIN EACH OFFICE;
  (O)  WHETHER  THE  INSURER  ISSUES  POLICIES  IN A LANGUAGE OTHER THAN
ENGLISH, AND IF SO, IDENTIFYING THE  LANGUAGES  IN  WHICH  POLICIES  ARE
ISSUED AND THE NUMBER OF POLICIES ISSUED IN EACH LANGUAGE;
  (P)  FOR  EACH  OF THE CATEGORIES OF INFORMATION DESCRIBED IN SUBPARA-
GRAPHS (A)  THROUGH  (J)  OF  THIS  PARAGRAPH,  FURTHER  CLASSIFICATIONS
ACCORDING  TO  RACE,  NATIONAL  ORIGIN, ETHNICITY, HOUSEHOLD INCOME, AND
GENDER OF THE INSUREDS OR APPLICANTS, PURSUANT TO CODES  ESTABLISHED  BY
THE  SUPERINTENDENT,  IN  ADDITION,  WHERE  AN INSURER APPLIES ANY OTHER
CLASSIFICATION WHICH AFFECTS THE PREMIUM RATE AT  WHICH  THE  POLICY  IS
ISSUED,  THE  INSURER  SHALL  PROVIDE  TOTALS  BY RACE, NATIONAL ORIGIN,
ETHNICITY, HOUSEHOLD INCOME AND GENDER FOR EACH SUCH CLASSIFICATION;
  (Q) APPLICABLE RATES, WITHIN TERRITORIES SERVED  BY  AN  INSURER,  FOR
EACH  FORM  AND  RATING  CLASSIFICATION,  INCLUDING  RATES  BY  TIER  IN
MULTI-TIER PROGRAMS, AND DIFFERENTIATING BETWEEN POLICIES  WITH  VARYING
TYPES  OF  BENEFITS, INCLUDING BUT NOT LIMITED TO GUARANTEED REPLACEMENT
COST, STANDARD OR LIMITED REPLACEMENT COST, MARKET VALUE OR ACTUAL  CASH
VALUE,  AND  DIFFERENTIATING  AMONG  POLICIES  ISSUED  FOR SINGLE-FAMILY
HOMES, MULTI-FAMILY HOMES, CONDOMINIUM OR COOPERATIVE UNITS AND RENTERS;
AND
  (R) ALL OF THE INFORMATION UPON WHICH AN INSURER, RATE SERVICE  ORGAN-
IZATION,  GROUP  OF INSURERS FILED WITH THE SUPERINTENDENT IN SUPPORT OF
THE RATES AS REQUIRED TO BE FILED WITH THE SUPERINTENDENT BY  SUBSECTION
(B)  OF  SECTION  TWO  THOUSAND THREE HUNDRED FOUR AND SUBSECTION (C) OF
SECTION TWO THOUSAND THREE HUNDRED FIVE OF THIS ARTICLE. AN  INSURER  OR
GROUP  OF  INSURERS  WHICH  ARE MEMBERS OR SUBSCRIBERS OF A RATE SERVICE
ORGANIZATION WHICH MAKES OR FILES RATES ON ITS BEHALF SHALL BE RESPONSI-
BLE FOR FILING OF THE INFORMATION AS PART OF THE REPORT REQUIRED BY THIS
SUBSECTION. IN LIEU OF INCLUDING THE INFORMATION REQUIRED BY THIS  PARA-
GRAPH AS PART OF THE STATISTICAL REPORT, AN INSURER OR GROUP OF INSURERS
MAY  POST  THE  INFORMATION  ON  A  WEBSITE MAINTAINED BY THE INSURER OR
PROVIDE IT TO THE PUBLIC WITHOUT CHARGE WITHIN FIFTEEN DAYS  OF  RECEIPT
OF A WRITTEN REQUEST FOR SUCH INFORMATION.
  (3)  THE  SUPERINTENDENT MAY APPOINT ONE OR MORE STATISTICAL AGENTS TO
ASSIST IN THE COLLECTION  AND  ORGANIZATION  OF  SUCH  REPORT,  AND  MAY
APPROVE ONE OR MORE STATISTICAL AGENTS UPON APPLICATION BY AN INSURER TO
ASSIST IN OR MAKE THE FILING OF THE REPORT REQUIRED BY THIS SUBSECTION.
  (4)  NOTWITHSTANDING  THE PROVISIONS OF ANY OTHER LAW, THE SUPERINTEN-
DENT SHALL BY JULY FIRST OF EACH YEAR MAKE AVAILABLE TO  THE  PUBLIC  ON
REQUEST, AS WELL AS MAKING AVAILABLE FOR INSPECTION AT THE OFFICE OF THE
SUPERINTENDENT,   THE   FULL  TEXT  OF  THE  REPORTS  FILED  UNDER  THIS
SUBSECTION. SUCH REPORTS SHALL BE MADE AVAILABLE  IN  BOTH  PRINTED  AND
ELECTRONIC  FORMAT,  INCLUDING ACCESS THROUGH THE WEBSITE OF THE DEPART-
MENT, AT NO CHARGE TO THE REQUESTING PARTY, EXCEPT THAT WITH RESPECT  TO
PRINTED  COPIES  OR  PHOTOCOPIES  SUCH  REPORTS SHALL BE AVAILABLE FOR A
REASONABLE FEE, NOT TO EXCEED FIVE CENTS PER PAGE OR THE ACTUAL COST  OF
DUPLICATION,  WHICHEVER  IS  LESS.  DATA  PRESENTED IN ELECTRONIC FORMAT

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SHALL BE MADE AVAILABLE IN A DATABASE FILE FORMAT OF THE TYPE IN GENERAL
USAGE BY THE PUBLIC.
  (5)  IN ADDITION TO CUMULATIVE DATA REQUIRED TO BE REPORTED UNDER THIS
SUBSECTION, EACH INSURER SHALL FILE WITH THE  SUPERINTENDENT,  AND  MAKE
AVAILABLE  TO  THE  PUBLIC,  THE  INDIVIDUAL  RECORD DATA FROM WHICH THE
REPORT SUMMARIES WERE TABULATED.   SUCH DATA SHALL  BE  PROVIDED  IN  AN
ELECTRONIC  DATABASE  FORMAT  PRESCRIBED  BY THE SUPERINTENDENT, AND THE
SUPERINTENDENT SHALL MAKE SUCH DATABASE FILES AVAILABLE DIRECTLY TO  THE
PUBLIC IN ACCORDANCE WITH THE PROCEDURES AND TIME REQUIREMENTS SET FORTH
IN  PARAGRAPH FOUR OF THIS SUBSECTION.  THE SUPERINTENDENT SHALL REQUIRE
THAT ALL INFORMATION WHICH  WOULD  PERSONALLY  IDENTIFY  ANY  INDIVIDUAL
APPLICANT  OR POLICYHOLDER BE DELETED. THE CATEGORIES OF DATA TO BE MADE
AVAILABLE FOR EACH INDIVIDUAL RECORD SHALL INCLUDE ALL OF THE SAME CATE-
GORIES OF INFORMATION CONTAINED IN THE CUMULATIVE REPORT  AND  SHALL  BE
PRESENTED  IN  ACCORDANCE  WITH  STANDARDIZED CLASSIFICATION CODES TO BE
ESTABLISHED BY THE SUPERINTENDENT.
  (6) AN INSURER WHO DOES NOT SUBMIT THE  STATISTICAL  REPORT  OR  OTHER
INFORMATION  REQUIRED  BY THIS SUBSECTION AS OF THE DATE REQUIRED SHALL,
UPON NOTICE AND OPPORTUNITY TO BE HEARD, BE SUBJECT TO A PENALTY NOT  TO
EXCEED  ONE  THOUSAND  DOLLARS  PER DAY FOR EACH DAY BEYOND THE DATE THE
REPORT OR INFORMATION IS REQUIRED, BUT IN NO EVENT  SHALL  SUCH  PENALTY
EXCEED  FIFTEEN  THOUSAND  DOLLARS  IN THE AGGREGATE; PROVIDED, HOWEVER,
THAT THE SUPERINTENDENT MAY WAIVE SUCH A PENALTY UPON A WRITTEN  FINDING
THAT  THE  REPORT  OR OTHER INFORMATION SUBMITTED BY SUCH INSURER ON THE
DATE REQUIRED WAS SUBSTANTIALLY COMPLETE, AND THE INSURER HAS  CORRECTED
ANY  DEFICIENCIES  WITHIN  A  DATE SET BY THE SUPERINTENDENT. AN INSURER
REQUIRED BY THIS SUBSECTION TO SUBMIT  A  STATISTICAL  REPORT  OR  OTHER
INFORMATION WHO WILLFULLY FAILS TO FILE SUCH STATISTICAL REPORT OR OTHER
INFORMATION  SHALL,  IN  ADDITION TO ANY OTHER PENALTIES PROVIDED FOR BY
THIS CHAPTER, UPON NOTICE AND AN OPPORTUNITY TO BE HEARD, BE SUBJECT  TO
A  PENALTY OF UP TO FIVE HUNDRED DOLLARS PER DAY OF DELAY, NOT TO EXCEED
FIFTY THOUSAND DOLLARS IN THE AGGREGATE.  WHERE AN INSURER HAS FAILED TO
COMPLY WITH THE REQUIREMENTS OF THIS SECTION, AN  AGGRIEVED  INDIVIDUAL,
INCLUDING  ANY PERSON OR AGENCY ATTEMPTING TO ANALYZE THE PERFORMANCE OF
ANY INSURER SUBJECT TO THIS SECTION, SHALL HAVE A CAUSE OF ACTION IN ANY
COURT OF COMPETENT JURISDICTION FOR DECLARATORY AND  INJUNCTIVE  RELIEF.
IN  ANY ACTION OR PROCEEDING BROUGHT PURSUANT TO THIS SECTION, COSTS AND
REASONABLE ATTORNEY FEES MAY BE AWARDED BY THE COURT, IN ITS DISCRETION,
TO THE SUCCESSFUL PARTY.
  (7) UPON AN APPLICATION BY AN INSURER REQUIRED BY THIS  SUBSECTION  TO
SUBMIT  A  STATISTICAL REPORT OR OTHER INFORMATION FOR THE CALENDAR YEAR
TWO THOUSAND FIFTEEN, THE SUPERINTENDENT  MAY  PERMIT  SUCH  INSURER  TO
CLASSIFY  THE  DATA BY UNITED STATES POSTAL ZIP CODE, RATHER THAN CENSUS
TRACT DESIGNATION, FOR THE REPORT DUE  IN  CALENDAR  YEAR  TWO  THOUSAND
SIXTEEN.
  S 4. This act shall take effect immediately.