NEW YORK STATE
INSURANCE DEPARTMENT

SEVENTH AMENDMENT TO REGULATION 96
11 NYCRR 62-4

ANTI-ARSON APPLICATION

             I, Neil D. Levin, Superintendent of Insurance of the State of New York, pursuant to the authority granted by Sections 201, 301 and 3403 of the Insurance Law, do hereby promulgate the following seventh amendment to Part 62-4 of Title 11 of the Official Compilation of Codes, Rules and Regulations of the State of New York (Regulation 96), to take effect upon publication in the State Register.

(NEW MATTER IS UNDERSCORED; MATTER IN BRACKETS IS DELETED)

Section 62-4.0 is amended to read as follows:

Section 62-4.0 Introduction. The purpose of this Subpart is to implement the provisions of section [168-j] 3403 of the Insurance Law which require the Superintendent of Insurance to promulgate a two-tier anti-arson application that includes certain questions which shall be answered by the applicant for new or renewal insurance policies or binders covering the peril of fire or explosion, in addition to any further information that the insurer may require.

Subsection (a) of Section 62-4.1 is amended to read as follows:

Section 62-4.1 Applicability. (a) This Subpart shall apply to all new and renewal insurance policies and binders, issued on or after July 1, 1982, covering the peril of fire or explosion, insuring property in this State as provided in [subsection 1(c)] paragraph (a)(3) of section [168-j] 3403 of the Insurance Law, except owner-occupied buildings used predominantly for residential purposes which consist of not more than four dwelling units.

Section 62-4.2 is amended to read as follows:

Section 62-4.2 Anti-arson application. (a) New business. (1) Every insurer, broker or agent shall furnish to all applicants for insurance subject to this Subpart an anti-arson application, containing at least the information requested in subdivisions (c) and (d) of this section, prior to or at the time the risk is submitted or bound.

(2) Unless the insured returns the completed, signed and affirmed anti-arson application to the insurer, broker or agent within 45 days of the effective date of coverage, the insurer shall [rescind] cancel such coverage by giving [a five-day] written notice to the insured and [a 10-day written notice] to the designated mortgagee not named as the insured in the policy or binder in accordance with subsection (b) of section 3426 of the Insurance Law. If the policy covers non owner-occupied buildings used predominantly for residential purposes which consist of not more than four dwelling units, such notice shall comply with the provisions of subsection (b) of section 3425 of the Insurance Law.

(b) Renewal business. (1) At least 45 days but not more than 60 days in advance of the expiration date of a policy subject to this Subpart, or the annual renewal date of a policy covering non owner-occupied buildings used predominantly for residential purposes which consist of not more than four dwelling units, every insurer shall deliver an anti-arson application to the named insured at the mailing address shown on the policy or to the insured's agent or broker.

(2) [Unless] If the insured [returns] fails to return the completed, signed and affirmed anti-arson application to the insurer [15 days] prior to the expiration date of the policy, the insurer shall [terminate] cancel the policy [on its expiration date by giving not less than five days' written notice of termination to the insured and not less than 10 days' written notice of termination to the designated mortgagee not named as the insured in the policy] in accordance with section 3426(c)(1)(G) of the Insurance Law. If the insured of a policy covering non owner-occupied buildings used predominantly for residential purposes which consist of not more than four dwelling units fails to return the completed, signed and affirmed anti-arson application to the insurer prior to the annual renewal date of the policy, the policy shall be canceled in accordance with section 3425(c)(2)(F) of the Insurance Law.

 

            I, Neil D. Levin, Superintendent of Insurance of the State of New York, do hereby certify that the foregoing is the Seventh Amendment to 11 NYCRR 62-4 (Regulation 96), promulgated by me on August 30, 1999, pursuant to the authority granted by Sections 201, 301 and 3403 of the Insurance Law, to take effect upon publication in the State Register.

            Pursuant to the provisions of the State Administrative Procedure Act, prior notice of the proposed amendment was published in the State Register on June 2, 1999. No other publication or prior notice is required by statute.

 

__________________________
Neil D. Levin
Superintendent of Insurance
 
August 30, 1999