S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    112
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  M. of A. QUART, GALEF, VANEL -- Multi-Sponsored by -- M.
   of A. SEAWRIGHT -- read once and referred to the Committee  on  Insur-
   ance
 
 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 3457
 to read as follows:
   § 3457. 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:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD01654-01-1

 A. 112                              2
 
   (A)  A DESCRIPTION OF THE EXACT POLICY AND ENDORSEMENT FORMS PURCHASED
 BY THE INSURED;
   (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, 2022.