Assessment of Public Comments for the Thirteenth Amendment to 11 NYCRR 27 (Insurance Regulation 41).

In response to the proposed thirteenth amendment to 11 NYCRR 27, the Department received one public comment from an organization representing insurance agents and brokers, which indicated that certain risks, about which it had testified during the public hearing were appropriate for addition to the export list, had been omitted from this rulemaking. These risks include alcohol and/or drug rehabilitation centers; alcohol and/or drug rehabilitation programs; residential facilities including convalescent centers, nursing homes, and assisted care facilities; day care centers for adults, children or the physically or mentally disabled; halfway houses for adults, children and/or the physically or mentally disabled; hospice care service providers; social services agencies; foster care service providers; and home health care providers. These risks are actually already on the export list, but subject to a revised number of declinations, instead of the three declinations that are usually required. The Superintendent determined that there is selective capacity for these coverages in the authorized market, and thus that they should remain subject to the partial reduction in the number of requisite declinations currently in place.

Accordingly, the amendment to Section 27.3(g) is being adopted as proposed.