A01937 Summary:

BILL NOA01937
 
SAME ASSAME AS S04711
 
SPONSORCarroll
 
COSPNSRFahy, Griffin, Epstein, Pheffer Amato, Dinowitz, Cusick, Barrett, Colton, Thiele, Fall, Frontus, Glick, Rozic, Jones, Jacobson, Niou, Simon, Otis, Woerner, Seawright, Lupardo, Rosenthal L, Anderson, Eichenstein, Bronson, Steck, Galef, Reyes, Rivera J, Taylor, Davila, Englebright, Jackson, Forrest
 
MLTSPNSRLavine, McDonough
 
 
Requires certain perils be covered under business interruption insurance during the coronavirus disease 2019 (COVID-19) pandemic.
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A01937 Actions:

BILL NOA01937
 
01/13/2021referred to insurance
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A01937 Committee Votes:

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A01937 Floor Votes:

There are no votes for this bill in this legislative session.
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A01937 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A1937                Revised 2/11/2021
 
SPONSOR: Carroll
  TITLE OF BILL: An act in relation to requiring certain perils be covered under business interruption insurance during the coronavirus disease 2019 (COVID-19) pandemic   PURPOSE OR GENERAL IDEA OF BILL: This bill is intended to hold harmless businesses and non-profits, who currently hold business interruption insurance, for losses sustained as a result of the current COVID-19 health emergency, but for which no such coverage is currently offered.   SUMMARY OF PROVISIONS: Section 1 Defines terms Section 2 provides a mechanism by which certain businesses that suffer losses due to interruption as a result of the COVID-2019 pandemic may recover those losses from their insurer if they had a policy of business interruption insurance in force on March 7, 2020, the date on which the Governor declared a Public Health Emergency and State of Emergency in Executive Order 202, The bill would apply to businesses covered by such a policy with less than 250 eligible employees in the State of New York. "Eligible employee" is defined as a full-time employee who works a normal work week of 25 or more hours. This section stipulates that every policy of insurance related to business interruption insurance that expires during the covid 19 state of emergency shall be subject to auto- matic renewal at the current rate. Additionally this section requires that any existing insurance policy that allows the insurer to deny coverage based on a virus that causes illness be declared null and void. Section 3 provides that an insurer which indemnifies an insured who has filed a claim pursuant to its provisions may apply to the Superintendent of the Department of Financial Services for relief and reimbursement from funds collected and made available for this purpose as provided in the bill, pursuant to an additional special purpose assessment under the general scheme already established by law to recover the general expenses of the Department of Financial Services as the regulator of the insurance industry in this State. The superintendent shall establish procedures for the submission and qualification of claims by insurers which are eligible for reimbursement, incorporating such standards as are necessary to protect against the submission of fraudulent claims by insureds, and appropriate safeguards for insurers to employ in the review and payment of such claims. Section 4 authorizes the superintendent to impose upon, distribute among, and collect from insurance companies, other than life and health insurance companies, the additional amounts as may be necessary to recover the amounts paid pursuant to the bill. The additional special purpose apportionment authorized by the bill shall be distributed according to essentially the same procedures and calculations as are provided currently for the existing special purpose apportionment. Section 5 sets the effective date.   JUSTIFICATION: Industry sources have indicated that global virus transmission and pandemic are generally excluded from the list of covered perils under the existing standard business interruption insurance policy. The Insur- ance Services Office, ISO, has developed a rider to provide an insured with the option of purchasing such. coverage, but to date, no states have yet approved the form. This bill is intended to hold harmless busi- nesses who currently hold business interruption insurance, for losses sustained as a result of the current COVID-19 health emergency, but for which no such coverage is currently offered.   PRIOR LEGISLATIVE HISTORY: A.10226/S.8211 of 2019-20   FISCAL IMPLICATIONS: To be determined   EFFECTIVE DATE: This act shall take effect immediately, shall be retroactive to March 7, 2020
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A01937 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          1937
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 13, 2021
                                       ___________
 
        Introduced  by  M. of A. CARROLL, FAHY, GRIFFIN, EPSTEIN, PHEFFER AMATO,
          DINOWITZ, CUSICK,  BARRETT,  COLTON,  THIELE,  FALL,  FRONTUS,  GLICK,
          ROZIC,  JONES, JACOBSON, NIOU, SIMON, OTIS, WOERNER, SEAWRIGHT, LUPAR-
          DO, L. ROSENTHAL, ANDERSON, EICHENSTEIN, BRONSON, STECK, GALEF, REYES,
          J. RIVERA, TAYLOR, DAVILA -- Multi-Sponsored by --  M.  of  A.  ENGLE-
          BRIGHT,  LAVINE,  McDONOUGH -- read once and referred to the Committee
          on Insurance
 
        AN ACT in relation to requiring certain perils be covered under business
          interruption insurance during the coronavirus disease 2019  (COVID-19)
          pandemic
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1.  For the purposes of this act:
     2    (a) "business" shall mean a business registered with the department of
     3  tax and finance or not-for-profit corporation registered with the Attor-
     4  ney General's charities bureau.
     5    (b) "income" shall mean traditional business income as  well  as  not-
     6  for-profit revenue from donations, sponsorships, and grants.
     7    (c)  "net  written premiums received" shall mean gross direct premiums
     8  written, less return premiums thereon and dividends credited or paid  to
     9  policyholders, as reported on the company's annual financial statement.
    10    (d)  "premium taxes" shall mean payments required under subsection (d)
    11  of section 2118 of the insurance law.
    12    § 2. (a) Notwithstanding any provisions of law, rule or regulation  to
    13  the  contrary, every policy of insurance insuring against loss or damage
    14  to property, which includes, but is not limited to, the loss of use  and
    15  occupancy and business interruption, shall be construed to include among
    16  the covered perils under that policy, coverage for business interruption
    17  during  a  period  of  a declared state emergency due to the coronavirus
    18  disease 2019 (COVID-19) pandemic.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05440-01-1

        A. 1937                             2
 
     1    (b) Every policy of insurance insuring against loss or damage to prop-
     2  erty, which includes, but is not limited to, the loss of use  and  occu-
     3  pancy and business interruption, whose policy expires during a period of
     4  a  declared  state emergency due to the coronavirus disease 2019 (COVID-
     5  19)  pandemic, shall be subject to an automatic renewal of the policy at
     6  the current rate of charge.
     7    (c) Every policy of insurance or endorsement thereto insuring  against
     8  an  insured's  business  income  loss  resulting  from  loss, damage, or
     9  destruction of property owned by others, including direct  suppliers  of
    10  goods  or  services  to  the insured and/or direct receivers of goods or
    11  services manufactured or provided by the insured, shall be construed  to
    12  include among the covered perils under that policy, coverage for contin-
    13  gent business interruption during a period of a declared state emergency
    14  due the coronavirus disease 2019 (COVID-19) pandemic.
    15    (d)  Every policy of insurance or endorsement thereto insuring against
    16  an insured's business  income  loss  resulting  from  loss,  damage,  or
    17  destruction  of  property owned by others, including direct suppliers of
    18  goods or services to the insured and/or direct  receivers  of  goods  or
    19  services  manufactured  or provided by the insured, whose policy expires
    20  during a period of a declared state emergency  due  to  the  coronavirus
    21  disease  2019  (COVID-19)  pandemic,  shall  be  subject to an automatic
    22  renewal of the policy at the current rate of charge.
    23    (e) Any clause or provision of a policy of insurance insuring  against
    24  loss  or  damage to property, which includes, but is not limited to, the
    25  loss of use and occupancy and business interruption and contingent busi-
    26  ness interruption, which allows the insurer to deny coverage based on  a
    27  virus,  bacterium,  or other microorganism that causes disease, illness,
    28  or physical distress or that is capable of causing disease, illness,  or
    29  physical distress shall be null and void; provided, however, the remain-
    30  ing  clauses  and  provisions of the contract shall remain in effect for
    31  the duration of the contract term.
    32    (f) The coverage required by this section shall indemnify the insured,
    33  subject to the limits under the policy, for  any  loss  of  business  or
    34  business interruption and contingent business interruption for the dura-
    35  tion  of  a  period of a declared state emergency due to the coronavirus
    36  disease 2019 (COVID-19) pandemic.
    37    (g) This section shall apply to policies issued to insureds with  less
    38  than  250 eligible employees in force on the effective date of this act.
    39  "Eligible employee" means a full-time employee who works a  normal  work
    40  week of 25 or more hours.
    41    §  3.  (a)  An  insurer, including excess lines insurers, which indem-
    42  nifies an insured who has filed a claim pursuant to section two of  this
    43  act may apply to the superintendent of financial services for relief and
    44  reimbursement  by the department from funds collected and made available
    45  for this purpose as provided in section four of this act.
    46    (b) The superintendent of financial services  shall  establish  proce-
    47  dures  for  the submission and qualification of claims by insurers which
    48  are eligible for reimbursement pursuant to this act. The  superintendent
    49  of  financial services shall incorporate in these procedures such stand-
    50  ards as are necessary to protect against the  submission  of  fraudulent
    51  claims by insureds, and appropriate safeguards for insurers to employ in
    52  the review and payment of such claims.
    53    §  4.  (a)  The  superintendent of financial services is authorized to
    54  impose upon, distribute among, and collect from the companies, including
    55  excess lines insurers, engaged in business  pursuant  to  the  insurance

        A. 1937                             3
 
     1  law,  such additional amounts as may be necessary to recover the amounts
     2  paid to insurers pursuant to section three of this act.
     3    (b)  The  additional special purpose apportionment authorized pursuant
     4  to subdivision (a) of this section shall be distributed in  the  propor-
     5  tion  that  the  net  written  premiums, or premium taxes in the case of
     6  excess lines insurers, received by each company subject  to  the  appor-
     7  tionment  authorized by this section for insurance written or renewed on
     8  risks in this state during  the  calendar  year  immediately  preceding,
     9  bears  to  the  sum  total  of all such net written premiums, or premium
    10  taxes in the case of excess lines insurers, received  by  all  companies
    11  writing that insurance or coverage within the state during that calendar
    12  year, as reported.
    13    §  5.  This  act shall take effect immediately, and shall be deemed to
    14  have been in full force and effect on and after March 7, 2020 and  shall
    15  apply to insurance policies in force on that date.
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