New York Codes, Rules and Regulations
Title 11 - INSURANCE
Chapter I - GENERAL PROVISIONS
Part 19 - Homeowners Insurance; Applications For Withdrawal From Marketplace
Section 19.1 - Definitions

Universal Citation: 11 NY Comp Codes Rules and Regs ยง 19.1

Current through Register Vol. 46, No. 12, March 20, 2024

(a) Homeowners insurance policy shall mean a contract of insurance insuring against the contingencies described in subsections (A), (B) and (C) or a contract of insurance insuring against the contingencies described in subsections (B) and (C) of section 3425(a)(2) of the Insurance Law and which is a covered policy of personal lines insurance as defined in such subsections. However, a contract of insurance providing coverage under subsections (B) and (C) of said section shall not be considered a homeowners insurance policy unless the insured is a natural person who has an insurable interest in the real property, or a portion thereof, or in the residential unit in which the person resides.

(b) Material reduction of volume of policies shall mean:

(1) a reduction in the net number of homeowners insurance policies written, by 20 percent or more, or a reduction in the net number of such policies by 500, whichever is greater, during a five-year period; or

(2) a reduction of the net number of homeowners insurance policies in force, by four percent or more, or a reduction in the net number of such policies by 100, whichever is greater, during a one-year period; and

(3) shall not include any homeowners insurance policy which is canceled, nonrenewed or otherwise terminated by an insured or canceled by an insurer pursuant to section 3425(b) and (c) of the Insurance Law.

(c) Minimizes market disruption shall mean actions to be taken by an insurer which intends to materially reduce its volume of polices to provide for the orderly reduction in homeowners insurance coverage. Such actions may include:

(1) the measures delineated in section 19.2(b)(3) of this Part;

(2) efforts by the insurer to maintain a service force in affected areas during the period of material reduction;

(3) efforts to inform insureds of options available for replacement of coverage with authorized insurers;

(4) efforts by the insurer to prevent the increase in the volume of policies issued by the New York Property Insurance Underwriting Association in affected areas which may result from such material reduction; and

(5) any other actions serving to minimize market disruption.

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