New York A 3741: Relates to continuing education for licensed persons and qualifications for independent adjusters

Bill Text

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A03741 Summary:

BILL NOA03741 

&nbsp

SAME ASSAME AS S05322

&nbsp

SPONSORWeprin (MS)

&nbsp

COSPNSR

&nbsp

MLTSPNSRCook

&nbsp

Add §2619, amd §§2108, 2110 & 2132, Ins L

&nbsp

Relates to claims for loss or damage to real property; creates continuing education requirements for licensed persons and qualifications for public and independent adjusters; allows for a revocation of licenses with an opportunity to reapply for such licenses.

Go to top A03741 Actions:

BILL NOA03741 

&nbsp

01/30/2025referred to insurance

01/07/2026referred to insurance

Go to topA03741 Committee&nbspVotes:

Go to topA03741 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA03741 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 3741

 2025-2026 Regular Sessions

 IN ASSEMBLY

 January 30, 2025
 ___________

 Introduced by M. of A. WEPRIN -- Multi-Sponsored by -- M. of A. COOK --
 read once and referred to the Committee on Insurance

 AN ACT to amend the insurance law, in relation to claims for loss or
 damage to real property, continuing education for licensed persons and
 qualifications for independent adjusters

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. The insurance law is amended by adding a new section 2619
 2 to read as follows:
 3 § 2619. Claims for loss or damage to real property; repairs. (a)
 4 Unless otherwise prescribed within the insurance policy, whenever an
 5 insured suffers a loss or damage to real property, no insurer providing
 6 coverage therefor shall require that repairs be completed by a partic-
 7 ular entity or individual.
 8 (b) Notwithstanding subsection (a) of this section, an insurer, third-
 9 party administrator, independent adjuster, or public adjuster may recom-
 10 mend or suggest repairs be made by a particular entity or individual,
 11 provided that any financial interest in such entity or individual that
 12 they recommend or suggest is also disclosed.
 13 § 2. Paragraph 1 of subsection (f) of section 2108 of the insurance
 14 law is amended to read as follows:
 15 (1) The superintendent shall, in order to determine the trustworthi-
 16 ness and competency to act as an independent adjuster of each individual
 17 applicant for such license, and of each proposed sub-licensee, except in
 18 the case of a renewal license, require every such individual to take and
 19 pass, to the satisfaction of the superintendent, a personal written
 20 examination. An individual shall not be deemed qualified to take the
 21 examination without having demonstrated by evidence satisfactory to the
 22 superintendent that: (A) the individual possesses a minimum of one
 23 year's experience in the insurance business, with involvement in sales,
 24 underwriting, claims, or other experience considered sufficient by the

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD07174-01-5

 A. 3741 2

 1 superintendent; or (B) the individual successfully completed forty hours
 2 of formal training in a course, program of instruction, or seminars
 3 approved by the superintendent. The superintendent may prescribe the
 4 types of written examinations according to the kind or kinds of insur-
 5 ance claims [which] that the applicant is to be licensed to investigate
 6 and adjust.
 7 § 3. Subsection (r) of section 2108 of the insurance law, as added by
 8 chapter 264 of the laws of 1998, is amended to read as follows:
 9 (r) (1) The following continuing education requirements shall apply to
 10 resident and non-resident persons licensed as public or independent
 11 adjusters.
 12 (2) Resident and non-resident persons licensed as public or independ-
 13 ent adjusters and any person previously so licensed whose license was
 14 not in effect on the effective date of this subsection and who has
 15 subsequently been relicensed pursuant to the provisions of this article,
 16 shall biennially satisfactorily complete such courses or programs as may
 17 be approved by the superintendent, as follows:
 18 (A) Any person holding a license as a public or independent adjuster
 19 shall, during each full biennial licensing period, satisfactorily
 20 complete c