New York State seal

August 2, 1979

SUBJECT: INSURANCE

WITHDRAWN

Circular Letter No. 21 (1979)

TO: ALL INSURERS AUTHORIZED TO WRITE PRODUCT LIABILITY INSURANCE IN NEW YORK STATE

SUBJECT: SUMMARIES OF CANCELLATIONS AND NONRENEWALS OF PRODUCT LIABILITY INSURANCE

Chapter 260 of the Laws of 1979 added a new Section 167-e to the Insurance Law, effective June 19, 1979, which requires the semi-annual reporting to the Superintendent of all information concerning the cancellation and nonrenewal of product liability insurance during the preceding six month period.

Product liability insurance, as defined in new Section 167-b(3) of the Insurance Law, means "insurance issued or delivered in this state insuring against liability of the insured for damages for personal injury, death or property damage, where such liability is based upon negligence, implied warranty or strict liability, arising out of a design, inspection, testing or manufacturing defect, or any other defect in a product, or is based upon any failure to warn, or to properly instruct in the use of a product or for any liability for any damage arising out of the handling or use of any product manufactured, sold, handled or distributed by the insured or work completed by or on behalf of the insured."

Each insurer engaged in the writing of product liability insurance in this State, either as a separate policy or as a component of a policy, shall file with the Superintendent a Summary of Cancellations and Nonrenewals of Product Liability Insurance in accordance with the forms attached.

Such forms should be completed and transmitted to this Department by October 1, 1979 for all policies cancelled or nonrenewed during the six month period ending June 30, 1979.

The completed Summary forms, signed by a responsible officer of the insurer, should be mailed to:

Mr. Harold I. Baida, Principal Insurance Examiner

Property and Casualty Insurance Bureau

State of New York Insurance Department

Two World Trade Center

New York NY 10047

Reports will also be required for the six month period ending December 31, 1979 and should be completed and transmitted to this Department by January 31, 1980.

Very truly yours,

[SIGNATURE]

ALBERT B. LEWIS

Superintendent of Insurance.

ATTACHMENTS

Summary of Cancellations of Product Liability Insurance

Period ending_______________

Insurer__________________________________________________________________________________________

Number of policies cancelled ___________________

Reason for cancellation

Type of:

1

2

3

4

5

6

7

8

Total

A. Products

 a. Air conditioning equipment

 b. Alcoholic beverages

 c. Automobiles, supplies or equipment

 d. Building materials

 e. Chemical

 f. Coal, wood or fuel (not gas or

  petroleum)

 g. Drugs

 h. Electrical

 i. Food or Food Products(excl.

  Alcohol)

 j. Gas or Petroleum

 k. Heating equipment

 l. Medical equipment or supplies

 m. Optical goods

 n. Plumbing

 o. Tools and machinery

 p. Others (attach separate sheet)

Total

B. Policies

 a. Product Liability

 b. CGL (incl. Product Liability)

 c. Comm'l Package(incl. Product

  Liability)

 d. Others(Incl. Product Liability)

Total

Footnote

Each policy included in the summary is to be assigned only one of the

following major reasons for cancellation:

1. Poor loss experience of insured - Product Liability

2. Poor loss experience of insured - Coverage other than Product Liability

3. Poor safety engineering

4. Increase in hazard of product

5. Termination of producer

6. Non-payment of premium

7. Insured's request

8. All others

_____________________________________________

Contact person's name & Telephone No.

_____________________________________________

Person responsible for report

Summary of Nonrenewals of Product Liability Insurance

Period ending_______________

Insurer__________________________________________________________________________________________

Number of policies nonrenewed ___________________

Reason for nonrenewal

Type of:

1

2

3

4

5

6

7

8

Total

A. Products

 a. Air conditioning equipment

 b. Alcoholic beverages

 c. Automobiles, supplies or equipment

 d. Building materials

 e. Chemical

 f. Coal, wood or fuel (not gas or

 petroleum)

 g. Drugs

 h. Electrical

 i. Food or Food Products(excl.

 Alcohol)

 j. Gas or Petroleum

 k. Heating equipment

 l. Medical equipment or supplies

 m. Optical goods

 n. Plumbing

 o. Tools and machinery

 p. Others (attach separate sheet)

Total

B. Policies

 a. Product Liability

 b. CGL (incl. Product Liability)

 c. Comm'l Package(incl. Product

 Liability)

 d. Others(Incl. Product Liability)

Total

Footnote

Each policy included in the summary is to be assigned only one of the

following major reasons for nonrenewal:

1. Poor loss experience of insured - Product Liability

2. Poor loss experience of insured - Coverage other than Product Liability

3. Poor safety engineering

4. Increase in hazard of product

5. Termination of producer

6. Non-payment of premium

7. Insured's request

8. All others

_____________________________________________

Contact person's name & Telephone No.

_____________________________________________

Person responsible for report