A drive to expand insurance availability for New York State's hard pressed coastal homeowners and for modification of the state's new workers' compensation law top the Independent Insurance Agents & Brokers of New York (IIABNY) legislative agenda for 2008.

IIABNY said it is asking for improvements to the state's Coastal Market Assistance Program (C-MAP). Under C-MAP, the New York Property Insurance Underwriting Association (NYPIUA), which is the state-sponsored insurer of last resort, offers homeowners insurance to those who cannot find coverage through the standard market.

Currently, IIABNY noted, NYPIUA offers basic coverages such as wind and fire but excludes other coverages that homeowners require.

The association is seeking a way to encourage carriers to write a wraparound policy for NYPIUA, which would give homeowners "at least the coverage found in a standard HO-3 homeowners policy."

A statement released by IIABNY calls for action from the New York State Insurance Department; however, Michael Barrett, legislative representative for IIABNY, said he would like to see companies voluntarily write a wraparound for NYPIUA.

"We're trying to work with the companies," he said, adding that IIABNY would rather not have legislators and regulators "telling companies to do things that they would not want to do."

IIABNY is also pushing the legislature to make NYPIUA permanent. Currently, the program is reauthorized periodically, and in the past, coverage has lapsed when legislators have not renewed the program before its expiration date.

The association said it also wants to see standardized triggers for windstorm deductibles.

Regarding workers' compensation, IIABNY cited concerns with the Aggregate Trust Fund (ATF).

According to a provision in the workers' comp reform legislation passed in New York in March, carriers that sell workers' comp in New York are required to pay the "present value" of permanent partial disability (PPD) benefits into the ATF. However, while companies are assessed further in the event of an underestimate, they are not reimbursed in the event of an overestimate.

Mr. Barrett also noted that the New York State Insurance Fund (NYSIF) is not required to pay into the ATF, and he said that, as a result, NYSIF has a competitive advantage over private carriers.

"I think we'd like to get rid of [the ATF provision] if possible, Mr. Barrett said. "The other option would be having it apply to the State Fund so that everyone's competing on an equal basis."

Other issues IIABNY plans to address in 2008 include:

o Increasing penalties for organized medical mills in order to fight auto insurance fraud.

o Changing current law so that insurers cannot deny a claim based solely on late notice if the company was not prejudiced in any way by the late report.

Special Reports /

N.Y. Agents Seek Expanded FAIR Plan Coverage

Related Stories

Recommended For You