New York Insurance Superintendent Eric Dinallo announced he has issued an advisory to insurance companies notifying them that canceling a homeowners policy only on the basis that a dwelling is unoccupied is an illegal mid-term cancellation.

The announcement said the "circular letter" advisory was issued to cover incidents such as cancellations while owners are in the middle of selling their house to relocate, or situations where a policyholder's job requires them to be away frequently on travel assignments and the insurer cancels saying the home is "unoccupied."

Mr. Dinallo urged consumers encountering this issue to contact the Insurance Department. He said insurance companies must reinstate the policies of affected consumers. The action could potentially affect financially-pressed consumers involved in forfeitures, he noted.

"Consumers should know that the Insurance Department will act vigorously to protect homeowners. This includes homeowners who may be involved in forfeiture proceedings, which have increased because of the troubled economy.

"Insurance companies need to understand that the Insurance Law protects all homeowners from improper non-occupancy cancellations," Mr. Dinallo said.

"The fact that an insured individual is not occupying a home is not a legitimate reason, in and of itself, for canceling a homeowners policy. It is improper to cancel a homeowners policy simply because a property owner may be away from home because of a situation like an illness," he said.

The announcement said the advisory, Circular Letter # 23 (2008), was issued after the department received numerous consumer complaints from across the state.

The department cited the case of an unidentified Suffolk County woman, whose insurance company, it said, had advised that her policy was being canceled because her home was unoccupied.

She explained that she was in the middle of trying to sell her home and relocate to the Albany area to take a new job. She said that either she or her parents were at the home every weekend and that a neighbor also looked after the property. The home was furnished and the utilities were still connected. Her case is typical of the complaints, the department said.

Other consumers who registered complaints, the department said, included a Syracuse couple confined to a nursing home, a flight attendant whose job required frequent travel, and a Plattsburgh man who was forced out of his home after it was extensively damaged when a neighbor's tree fell onto it.

In each of these cases, the department said, insurers wrongly advised consumers that their policies were being canceled because their homes were unoccupied, therefore increasing the risk to their homes.

The department said insurers may consider non-occupancy if it is among other factors that increase the risk to a property. It may not be considered as the sole factor in a mid-term cancellation.

Under New York law, a homeowner's policy must remain in effect, or be renewed, for three years from the date the policy first becomes effective.

Cancellations or non-renewals during the three years are only permitted for certain specific reasons, according to the department. These include non-payment of premium, as well as fraud or misrepresentations in obtaining policies or filing claims. Cancellations or non-renewals are also permitted when policyholders recklessly increase hazards to property or make physical changes that result in a property becoming uninsurable.

Insurers that have improperly canceled or non-renewed policies must offer to reinstate them, effective from the dates of termination. These offers must maintain the premium rates in effect at the time of the cancellations or non-renewals, the department said.

Consumers who believe their homeowners policies have been improperly canceled based on non-occupancy were urged to contact the Insurance Department through the toll-free number 1-800-342-3736, between 9 a.m. and 5 p.m., Monday through Friday. Complaints may also be filed online at anytime at www.ins.state.ny.us. The advisory is online at http://www.ins.state.ny.us/circltr/2008/cl08_23.pdf .

Special Reports /

Dinallo To Insurers: Stop Unoccupied Home Cancellations

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