S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4293
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 2, 2017
                                ___________
 
 Introduced  by  M.  of A. QUART -- Multi-Sponsored by -- M. of A. GALEF,
   SEAWRIGHT -- read once and referred to the Committee on Insurance
 
 AN ACT to amend the insurance law,  in  relation  to  posting  insurance
   policies on the internet
 
   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  3455
 to read as follows:
   §  3455.  POSTING  OF INSURANCE POLICIES ON THE INTERNET. (A) NOTWITH-
 STANDING SECTION THREE HUNDRED NINE OF THE STATE TECHNOLOGY LAW  OR  ANY
 OTHER  PROVISION OF THE LAW TO THE CONTRARY, STANDARD PROPERTY AND CASU-
 ALTY INSURANCE POLICIES AND ENDORSEMENTS THAT DO NOT CONTAIN  PERSONALLY
 IDENTIFIABLE  INFORMATION  MAY  BE  MAILED,  DELIVERED, OR POSTED ON THE
 INSURER'S WEBSITE.
   (B) IF THE INSURER ELECTS TO POST INSURANCE POLICIES AND  ENDORSEMENTS
 ON  ITS WEBSITE IN LIEU OF MAILING OR DELIVERING THEM TO THE INSURED, IT
 MUST COMPLY WITH ALL OF THE FOLLOWING CONDITIONS:
   (1) THE POLICY AND ENDORSEMENTS MUST BE ACCESSIBLE AND REMAIN THAT WAY
 FOR AS LONG AS THE POLICY IS IN FORCE;
   (2) AFTER THE EXPIRATION OF THE POLICY, THE INSURER MUST  ARCHIVE  ITS
 EXPIRED  POLICIES  AND ENDORSEMENTS FOR A PERIOD OF FIVE YEARS, AND MAKE
 THEM AVAILABLE UPON REQUEST;
   (3) THE POLICIES AND ENDORSEMENTS MUST BE  POSTED  IN  A  MANNER  THAT
 ENABLES  THE INSURED TO PRINT AND SAVE THE POLICY AND ENDORSEMENTS USING
 PROGRAMS OR APPLICATIONS THAT ARE WIDELY AVAILABLE ON THE  INTERNET  AND
 FREE TO USE; AND
   (4) THE INSURER PROVIDES THE FOLLOWING INFORMATION IN, OR SIMULTANEOUS
 WITH,  EACH  DECLARATIONS  PAGE  PROVIDED AT THE TIME OF ISSUANCE OF THE
 INITIAL POLICY AND ANY RENEWALS OF THAT POLICY:
   (A) A DESCRIPTION OF THE EXACT POLICY AND ENDORSEMENT FORMS  PURCHASED
 BY THE INSURED;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD08925-01-7

 A. 4293                             2
 
   (B) A METHOD BY WHICH THE INSURED MAY OBTAIN, UPON REQUEST AND WITHOUT
 CHARGE, A PAPER COPY OF THEIR POLICY;
   (C) THE INTERNET ADDRESS WHERE THEIR POLICY AND ENDORSEMENTS ARE POST-
 ED; AND
   (D)  THE  INSURER  PROVIDES  NOTICE,  IN  THE  FORMAT PREFERRED BY THE
 INSURED, OF ANY CHANGES TO THE  FORMS  OR  ENDORSEMENTS,  THE  INSURED'S
 RIGHT  TO  OBTAIN, UPON REQUEST AND WITHOUT CHARGE, A PAPER COPY OF SUCH
 FORMS OR ENDORSEMENTS, AND THE INTERNET  ADDRESS  WHERE  SUCH  FORMS  OR
 ENDORSEMENTS ARE POSTED.
   § 2. This act shall take effect January 1, 2018.