Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Dec 18, 2013 |
signed chap.546 |
Dec 06, 2013 |
delivered to governor |
Jun 20, 2013 |
returned to senate passed assembly ordered to third reading rules cal.526 substituted for a6786b |
Jun 20, 2013 |
substituted by s5775 |
Jun 19, 2013 |
ordered to third reading rules cal.526 rules report cal.526 reported |
Jun 18, 2013 |
reported referred to rules |
Jun 14, 2013 |
print number 6786b |
Jun 14, 2013 |
amend and recommit to codes |
Jun 12, 2013 |
reported referred to codes |
May 20, 2013 |
print number 6786a |
May 20, 2013 |
amend (t) and recommit to insurance |
Apr 18, 2013 |
referred to insurance |
Assembly Bill A6786B
Signed By Governor2013-2014 Legislative Session
Sponsored By
WEPRIN
Archive: Last Bill Status Via S5775 - 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
Actions
Votes
Bill Amendments
2013-A6786 - Details
- See Senate Version of this Bill:
- S5775
- Law Section:
- Insurance Law
- Laws Affected:
- Amd §§2108 & 2110, Ins L
2013-A6786 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 6786 2013-2014 Regular Sessions I N A S S E M B L Y April 18, 2013 ___________ Introduced by M. of A. WEPRIN -- read once and referred to the Committee on Insurance AN ACT to amend the insurance law, in relation to public adjusters THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subsection (a) of section 2108 of the insurance law is amended by adding three new paragraphs 5, 6 and 7 to read as follows: (5) EACH PUBLIC ADJUSTER SHALL HAVE AN AFFIRMATIVE DUTY TO ACT ON BEHALF OF AND IN THE BEST INTERESTS OF THE INSURED WHEN SETTLING OR NEGOTIATING AN INSURANCE CLAIM FOR SUCH INSURED. (6) NO PUBLIC ADJUSTER SHALL RECEIVE ANY COMPENSATION OR RECEIVE ANYTHING OF VALUE, OTHER THAN OF NOMINAL VALUE, EITHER DIRECTLY OR INDI- RECTLY, IN CONSIDERATION OF A REFERRAL OF AN INSURED, OR UPON THE RECOM- MENDATION OR SUGGESTION THAT SERVICES, WORK OR REPAIRS, RELATING TO ANY INSURANCE CLAIM SETTLED OR NEGOTIATED BY THE PUBLIC ADJUSTER, BE PERFORMED BY A PARTICULAR ENTITY OR INDIVIDUAL. (7) A PUBLIC ADJUSTER SHALL NOT RECOMMEND OR SUGGEST THAT SERVICES, WORK OR REPAIRS BE PERFORMED BY A PARTICULAR ENTITY OR INDIVIDUAL UNLESS EXPRESSLY REQUESTED BY THE INSURED. S 2. Paragraph 1 of subsection (c) of section 2108 of the insurance law is amended to read as follows: (1) The superintendent may issue an independent adjuster's license or a public adjuster's license to any person, firm, association or corpo- ration, hereinafter designated as licensee, who, or which, is trustwor- thy and competent to act as an adjuster in such manner as to safeguard the interests of the people of this state and who, or which, has complied with the prerequisites herein prescribed. FURTHERMORE, EVERY PERSON, FIRM, ASSOCIATION AND CORPORATION LICENSED AS A PUBLIC ADJUSTER SHALL ACT IN SUCH A MANNER AS TO SAFEGUARD THE BEST INTERESTS OF THE INSUREDS WHICH HE, SHE OR IT REPRESENTS. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD08964-01-3
2013-A6786A - Details
- See Senate Version of this Bill:
- S5775
- Law Section:
- Insurance Law
- Laws Affected:
- Amd §§2108 & 2110, Ins L
2013-A6786A - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 6786--A 2013-2014 Regular Sessions I N A S S E M B L Y April 18, 2013 ___________ Introduced by M. of A. WEPRIN -- read once and referred to the Committee on Insurance -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the insurance law, in relation to public adjusters and payment of property/casualty claims THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subsection (a) of section 2108 of the insurance law is amended by adding two new paragraphs 5 and 6 to read as follows: (5) EACH PUBLIC ADJUSTER SHALL HAVE AN AFFIRMATIVE DUTY TO ACT ON BEHALF OF AND IN THE BEST INTERESTS OF THE INSURED WHEN SETTLING OR NEGOTIATING AN INSURANCE CLAIM FOR SUCH INSURED. (6) (I) NO PUBLIC ADJUSTER SHALL RECEIVE ANY COMPENSATION OR RECEIVE ANYTHING OF VALUE, OTHER THAN OF NOMINAL VALUE, EITHER DIRECTLY OR INDI- RECTLY, IN CONSIDERATION OF A REFERRAL OF AN INSURED, OR UPON THE RECOM- MENDATION OR SUGGESTION THAT SERVICES, WORK OR REPAIRS, RELATING TO ANY INSURANCE CLAIM SETTLED OR NEGOTIATED BY THE PUBLIC ADJUSTER, BE PERFORMED BY A PARTICULAR ENTITY OR INDIVIDUAL. (II) PROVIDED, HOWEVER, THAT A PUBLIC ADJUSTER MAY RECEIVE COMPEN- SATION FOR A REFERRAL OF SERVICES, WORK OR REPAIRS, OR HAVE A FINANCIAL OR OWNERSHIP INTEREST IN A BUSINESS THAT PERFORMS SUCH SERVICES, WORK OR REPAIRS, IF SUCH REFERRAL FEE, OR FINANCIAL OR OWNERSHIP INTEREST IS PROMINENTLY AND CLEARLY DISCLOSED TO THE INSURED IN THE COMPENSATION AGREEMENT WITH SUCH PUBLIC ADJUSTER OR IN ANOTHER CONTRACT OR DISCLOSURE FORM THAT IS SIGNED BY BOTH THE PUBLIC ADJUSTER AND THE INSURED. THE AGGREGATE OF ALL FEES RECEIVED BY SUCH PUBLIC ADJUSTER SHALL NOT EXCEED THE MAXIMUM COMPENSATION OR FEE PROVIDED FOR IN SUCH COMPENSATION AGREE- MENT. S 2. Paragraph 1 of subsection (c) of section 2108 of the insurance law is amended to read as follows: EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD08964-05-3
2013-A6786B (ACTIVE) - Details
- See Senate Version of this Bill:
- S5775
- Law Section:
- Insurance Law
- Laws Affected:
- Amd §§2108 & 2110, Ins L
2013-A6786B (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 6786--B 2013-2014 Regular Sessions I N A S S E M B L Y April 18, 2013 ___________ Introduced by M. of A. WEPRIN -- read once and referred to the Committee on Insurance -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- reported and referred to the Committee on Codes -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the insurance law, in relation to public adjusters and payment of property/casualty claims THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 2108 of the insurance law is amended by adding a new subsection (s) to read as follows: (S) (1) EVERY PUBLIC ADJUSTER SHALL HAVE AN AFFIRMATIVE DUTY TO ACT ON BEHALF AND IN THE BEST INTERESTS OF THE INSURED WHEN NEGOTIATING FOR OR EFFECTING THE SETTLEMENT OF AN INSURANCE CLAIM FOR THE INSURED OR OTHER- WISE ACTING AS A PUBLIC ADJUSTER. (2) (A) NO PUBLIC ADJUSTER SHALL RECEIVE ANY COMPENSATION, EITHER DIRECTLY OR INDIRECTLY, FOR A REFERRAL OF THE INSURED TO AN INDIVIDUAL OR ENTITY FOR SERVICES, WORK OR REPAIRS, RELATING TO ANY INSURANCE CLAIM FOR WHICH THE PUBLIC ADJUSTER REPRESENTS THE INSURED OR HAS NEGOTIATED OR EFFECTED A SETTLEMENT, UNLESS THE COMPENSATION IS PROMINENTLY AND CLEARLY DISCLOSED TO THE INSURED IN THE WRITTEN MEMORANDUM DESCRIBED IN SUBSECTION (P) OF THIS SECTION. ANY SUCH COMPENSATION RECEIVED SHALL BE DEEMED TO BE COMPENSATION FROM THE INSURED AND, IN COMBINATION WITH ANY OTHER COMPENSATION RECEIVED FROM THE INSURED, SHALL NOT EXCEED THE MAXI- MUM AMOUNT THAT THE ADJUSTER MAY CHARGE IN ACCORDANCE WITH THE REGU- LATIONS REQUIRED PURSUANT TO SUBSECTION (P) OF THIS SECTION. (B) NO PUBLIC ADJUSTER WHO HAS A FINANCIAL OR OWNERSHIP INTEREST IN THE INDIVIDUAL OR ENTITY THAT PERFORMS THE SERVICES, WORK, OR REPAIRS, SHALL REFER THE INSURED TO THE INDIVIDUAL OR ENTITY UNLESS THE FINANCIAL OR OWNERSHIP INTEREST IS PROMINENTLY AND CLEARLY DISCLOSED TO THE INSURED IN THE WRITTEN MEMORANDUM DESCRIBED IN SUBSECTION (P) OF THIS EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD08964-08-3
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