MetLife/GM pilot program
Nonadmitted and Reinsurance Reform Act of 2010 (the “NRRA”)
Commercial lines deregulation
"Wrap-up" insurance programs
New York City Buildings Department—PIANY letter (6/11); membership outreach
Consolidation of banking and insurance departments (3/11)
- Certificate of insurance demands. During the meetings, held on Monday, Feb. 28 in the State Capitol, PIANY provided draft bill language to Senate and Assembly Insurance committee chairmen Senator Jim Seward (R-51) and Assemblyman Joe Morelle (D-132) to address the growing problems posed by inappropriate (and illegal) certificate of insurance demands. PIANY believes that certificates should be filed with and approved by the superintendent. Insurance producers across the state have told PIANY of the burdens their offices face on a daily basis caused by requests to issue certificates of insurance that, if honored, would violate the law. As an illustration of the breadth and severity of this problem, the New York State Insurance Department has issued at least three regulatory directives dealing with certificates of insurance, reciting its position (with which we agree) that certificates of insurance should be used only to provide evidence of insurance in lieu of an actual copy of the applicable insurance policy and should not be used to amend, expand or otherwise alter the terms of the actual policy. An insurance producer is in violation of the Insurance Law if it amends, expands or alters the terms of the policy without authorization from the insurer and, where required, approval from the New York State Insurance Department; and the department may take disciplinary measures against producers who act in this manner. PIANY offered a proposal that would prevent certificate holders from seeking the illegal creation of unique and highly improper certificates by requiring that only certificates filed with and approved by the superintendent would be permissible for use. The proposal, based on a successful new law passed in Louisiana, would grant the superintendent strong protective criteria to follow when considering certificates for approval. All standard forms provided by ACORD would be deemed automatically approved. We look forward to working with the Insurance Committee Chairmen towards passage of this critically important proposal.
PIANY's COI bill would offer relief to agents (press release) 3/11
New applicant licensing extension (2/11)
Executive Budget with proposed consolidation of Banking and Insurance Departments with the Consumer Protection Board (2/11)
Memorandum in opposition to A.4012-B [2011-12 Assembly budget with proposed consolidation of Banking and Insurance Departments with the Consumer Protection Board]
- PIANY submits testimony opposing Exec. Budget's increase in fines, penalties. PIANY had submitted testimony to the Legislative Budget hearings opposing the Executive Budget proposals to increase the maximum penalties for Insurance Law violations and to expand these penalties to include violations of Insurance regulations. In the case of a violation of an Insurance Law provision without a specific penalty (as set out in Insurance Law Section 109(c) (1)), the current maximum fine of $500 would increase to $10,000—2,000 percent increase in the maximum fine. According to PIANY, this proposal is especially troubling for licensed agents and brokers. Increasing penalties and expanding the scope of rules that are subject to such penalties not only appears to contradict the attempts to make New York’s hostile business climate more welcoming for business, but also increases putative provisions far beyond the point at which they remain commensurate with the severity of the underlying misconduct. PIANY has asked that these provisions of the consolidation bill should be removed from the Budget, and believes that current law already has ample provisions for penalties to ensure proper behavior and deter misconduct.
NYSID OGC—Dishonored premium checks and sweep accounts (1/11), PIA press release and membership outreach
Massachusetts requires new WC form for out-of-state employers membership proactive (9/10)
Interstate Insurance Compact (6/10)
Group property and casualty insurance (6/10)
Claims records of an insured (6/10)
Public vessels carrying passengers (6/10)
Red Flag Rules postponed, PIA offers guidance (6/10)
PIANY recommends standard triggers for hurricane deductibles (5/10)
State agency mailings (3/11); and PIANY grassroots alert (6/11)
Dissemination of certain advertising materials (4/10)
- PIANY Objects to State-endorsed Direct Writer Advertising. Responding to a report from WAMC that the New York State Bridge Authority will begin displaying advertisements in the front windows of toll booths as a way to generate revenue—and that these could contain advertisements for direct writers—PIANY sent a letter objecting to the practice and asking for the Authority to reconsider. Similar to it's objection to the past practice of the State DMV including direct writer advertisements in it's registration renewal mailings, PIANY reiterated its position that the inescapable impression is that the display of an insurance company’s advertisement on an official state building amounts to an improper state endorsement of that company and its practices. PIANY has already secured the introduction of legislation (A.3320/S.3335) that would require state agencies who contract to disseminate advertising material to exclude material which relates to the agency's mission and is considering expending the bill to include practices of this type. By allowing contracts to be negotiated with providers of such products or services, the agency unavoidably creates the perception of favoritism toward one competitor to the disadvantage of other providers. This effect is compounded when the product or service is required in order to comply with state law or regulation enforced by the agency, such as proof of insurance requirements enforced by the DMV. The bill was passed by the State Assembly last year. PIANY is happy to report that this bill has passed the Assembly and is being delivered to the Senate for their consideration.
Requiring insurance for public vessels carrying passengers (4/10)
Placement of risks in the excess-line market (4/10)
Agent requests for cancellation for nonsufficient premium check returns (5/09)
Credit scoring protections for commercial lines (5/09)
Federal vs. state regulation of insurance (5/09)
Proposed Expansion of the Export List (6/08)
Security Fund Reform (2/07)
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