S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1889
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 13, 2017
                                ___________
 
 Introduced by M. of A. HARRIS -- read once and referred to the Committee
   on Insurance
 
 AN  ACT  to  amend  the  insurance law, in relation to property/casualty
   insurer report cards
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. The insurance law is amended by adding a new section 339 to
 read as follows:
   §  339.  PROPERTY/CASUALTY  INSURER REPORT CARDS. (A) IF AT ANY TIME A
 LOCAL STATE OF EMERGENCY IS DECLARED PURSUANT TO SECTION TWENTY-FOUR  OF
 THE  EXECUTIVE  LAW, THE GOVERNOR DECLARES A DISASTER EMERGENCY PURSUANT
 TO SECTION TWENTY-EIGHT OF THE EXECUTIVE LAW, OR THE PRESIDENT ISSUES  A
 MAJOR DISASTER OR EMERGENCY DECLARATION  PURSUANT TO THE ROBERT T. STAF-
 FORD  DISASTER  RELIEF  AND  EMERGENCY ASSISTANCE ACT (P.L. 93-288), THE
 SUPERINTENDENT SHALL PREPARE A REPORT CARD CONTAINING INFORMATION ON HOW
 EACH INSURER LICENSED TO WRITE PERSONAL LINES  INSURANCE  OR  COMMERCIAL
 LINES  INSURANCE POLICIES THAT COVER LOSS OF OR DAMAGE TO REAL PROPERTY,
 PERSONAL PROPERTY, OR OTHER LIABILITIES FOR LOSS OR DAMAGE  TO  PROPERTY
 RESPONDED TO THE EMERGENCY OR DISASTER.
   (B)  NO LATER THAN TWENTY DAYS FOLLOWING THE DECLARATION OF THE DISAS-
 TER OR EMERGENCY, THE SUPERINTENDENT SHALL POST THE REPORT CARD  ON  THE
 DEPARTMENT'S WEBSITE. THE REPORT CARD SHALL ALSO BE AVAILABLE IN WRITING
 UPON REQUEST.
   (C)  THE  SUPERINTENDENT SHALL UPDATE THE REPORT CARD EVERY SEVEN DAYS
 FOR AT LEAST SIX MONTHS FOLLOWING THE DECLARATION  OF  THE  DISASTER  OR
 EMERGENCY,  OR UNTIL THE SUPERINTENDENT DETERMINES THAT SUCH REPORT CARD
 IS NO LONGER NECESSARY. SUCH REPORT CARD SHALL BE IN THE AGGREGATE.  THE
 UPDATED VERSION SHALL BE POSTED ON THE DEPARTMENT'S WEBSITE AND SHALL BE
 MADE AVAILABLE IN WRITING UPON REQUEST.
   (D) INSURERS SPECIFIED IN SUBSECTION (A) OF THIS SECTION SHALL PROVIDE
 THE SUPERINTENDENT WITH ALL INFORMATION NECESSARY FOR THE SUPERINTENDENT
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD01556-01-7

 A. 1889                             2
 
 TO  PREPARE THE REPORT CARD, IN A MANNER AND ON A DATE PRESCRIBED BY THE
 SUPERINTENDENT.
   (E)  THE  REPORT  CARD  SHALL  INDICATE WHETHER THE INFORMATION IS FOR
 PERSONAL LINES INSURANCE POLICIES OR COMMERCIAL  LINES  INSURANCE  POLI-
 CIES.  IF  THE INSURER WRITES BOTH PERSONAL LINES INSURANCE POLICIES AND
 COMMERCIAL LINES INSURANCE POLICIES, THE REPORT CARD SHALL DIFFERENTIATE
 BETWEEN THE TWO.
   (F) THE REPORT CARD SHALL CONTAIN THE  FOLLOWING  INFORMATION  ON  HOW
 EACH  INDIVIDUAL  INSURER  SPECIFIED  IN  SUBSECTION (A) OF THIS SECTION
 RESPONDED TO THE DISASTER OR EMERGENCY:
   (I) THE NUMBER OF CLAIMS THE INSURER HAS RECEIVED;
   (II) THE NUMBER OF CLAIMS CLOSED WITH PAYMENT;
   (III) THE NUMBER OF CLAIMS CLOSED WITHOUT PAYMENT;
   (IV) THE TOTAL NUMBER OF OPEN CLAIMS AND THE AVERAGE AMOUNT  OF  TIME,
 IN DAYS, THE CLAIMS HAVE BEEN OPEN;
   (V)  THE  NUMBER  OF  OPEN CLAIMS FOR WHICH A PARTIAL PAYMENT HAS BEEN
 MADE;
   (VI) THE NUMBER OF OPEN CLAIMS FOR WHICH A PAYMENT  HAS  BEEN  OFFERED
 THAT ARE BEING DISPUTED AND/OR NEGOTIATED BY THE POLICYHOLDER;
   (VII)  THE  NUMBER OF OPEN CLAIMS THAT ARE STILL BEING INVESTIGATED BY
 THE INSURER, THE STATUS OF THE INVESTIGATION AND THE REASON THE INVESTI-
 GATION IS NOT COMPLETE,  COMPILED  INTO  CATEGORIES  DETERMINED  BY  THE
 SUPERINTENDENT;
   (VIII)  THE NUMBER OF INDEPENDENT ADJUSTERS THAT THE INSURER HAS WORK-
 ING IN THE FIELD;
   (IX) THE NUMBER OF POLICYHOLDERS WHO HAVE HIRED PUBLIC ADJUSTERS;
   (X) THE AVERAGE TIME, IN DAYS: (A) FROM THE  DATE  A  CLAIM  IS  FILED
 UNTIL  THE  DATE ON WHICH THE INSPECTION IS INITIATED; (B) FROM THE DATE
 ON WHICH THE INSPECTION IS INITIATED UNTIL THE DATE THE INSURER PROVIDES
 THE INSURED WITH AN ESTIMATE; (C) FROM THE DATE THE INSURER PROVIDES THE
 INSURED WITH AN ESTIMATE UNTIL THE DATE A PAYMENT IS MADE; (D) FROM  THE
 DATE  A PAYMENT IS MADE UNTIL THE CLAIM IS CLOSED; AND (E) FROM THE DATE
 A CLAIM IS FILED UNTIL THE DATE THE CLAIM IS CLOSED;
   (XI) THE NUMBER OF COMPLAINTS  THAT  THE  INSURER  HAS  RECEIVED  FROM
 INSUREDS  AND THE PERCENTAGE OF THE INSURER'S CLAIMS FOR THE DISASTER OR
 EMERGENCY THAT THESE COMPLAINTS REPRESENT;
   (XII) THE NUMBER  OF  COMPLAINTS  THAT  THE  DEPARTMENT  HAS  RECEIVED
 REGARDING THE INSURER AND THE PERCENTAGE OF THE INSURER'S CLAIMS FOR THE
 DISASTER OR EMERGENCY THAT THESE COMPLAINTS REPRESENT; AND
   (XIII) ANY OTHER INFORMATION THAT THE SUPERINTENDENT DEEMS NECESSARY.
   (G)  THE  SUPERINTENDENT  MAY,  AT  HIS  OR  HER DISCRETION, WAIVE THE
 REQUIREMENT TO PREPARE A  REPORT  CARD  IF  THE  DECLARED  DISASTER,  AS
 DEFINED  IN SUBSECTION (A) OF THIS SECTION, DOES NOT RESULT IN A SIGNIF-
 ICANT AMOUNT OF INSURANCE RELATED CLAIMS FILED IN NEW YORK STATE AND THE
 SUPERINTENDENT DOES NOT BELIEVE THE BEST INTEREST OF THE PUBLIC WILL  BE
 SERVED BY ISSUING A REPORT CARD.
   § 2. This act shall take effect immediately.