Does the New York Anti-Arson Application for Improvements/Betterments Need To Be Completed for a Restaurant?

Question: “Must we complete the New York Anti-Arson Application for improvements/betterments in a restaurant?”

Answer: I believe you do. The application is required by Section 3403 of the New York Insurance Law, which states:

(a) In this section:

(1) “Anti-arson application” means any application for insurance or renewal of insurance, covering the peril of fire or explosion that includes certain questions contained in subsection (c) of this section, which shall be answered by the applicant in addition to the basic information normally supplied to an insurer by an applicant.

(2) “Insurance policy” and “contract” shall not mean an existing property insurance policy or contract, provided however that assignment of the policy or contract because of the transfer of a major financial interest in the insured real property shall require completion of an anti-arson application if otherwise required under this section.

(3) “Property” means real property and the buildings and improvements thereon.

(b) Except as provided in subsection (g) of this section the use of the anti-arson application shall be mandatory for all property insurance policies covering the peril of fire or explosion. …

(g)(1) The provisions of this section shall not apply to any insurance policy or contract covering the peril of fire or explosion with respect to owner-occupied real property used predominantly for residential purposes which consists of not more than four dwelling units.

(2) The provisions of this section shall only apply to cities with a population of one million or more persons according to the nineteen hundred seventy census, except that within a reasonable time after receiving a petition by the governing board of a local municipal corporation as those terms are defined in article one of the general municipal law, the superintendent shall mandate the use of the anti-arson application within specific designations contained in such petition.

The requirement applies to policies insuring real property and the buildings and improvements thereon, and none of the exceptions in subsection (g) apply. A tenant’s improvements and betterments are part of the building. Therefore, it appears to me that the application is required in this situation.

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