New York State Seal
STATE OF NEW YORK
INSURANCE DEPARTMENT
25 BEAVER STREET
NEW YORK, NEW YORK 10004

The Office of General Counsel issued the following informal opinion on January 27, 2000, representing the position of the New York State Insurance Department.

Insurance Policy Renewal

Question Presented:

Upon renewal of an automobile insurance policy in which the new policy does not contain any changes from the original, may the insurance company forward to the insured a declaration sheet or must the insurance company send new endorsements.

Conclusion:

Upon renewal of an insurance policy an insurance company may forward to the insured a declaration sheet.

Facts:

An insurance company upon renewal of its insured’s insurance policy sent its insured a declaration sheet. The insurance company did not send out new endorsements to the insured because there had been no changes in the policy.

Analysis:

There is no insurance statute or law that requires an insurer to send the entire policy in such a situation. The practice in New York is to send only the declaration page on insurance policy renewals when there are no changes in the insurance policy. Please note that N.Y. Ins. Law §3425(a)(6) and §3426 (a)(4) (McKinney Supp 1999-2000) specifically recognize that a notice may be issued extending the terms of the policy beyond its policy period or term.

If, on the other hand, there are any changes in the policy the insurance company must send either a new policy or new endorsements.

For further information you may contact Senior Attorney Adiza Ndukwe at the New York City Office.