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Feb 11
Another Resource To Help with Cyber Reg Compliance

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We are pleased to announce the creation of another new resource to help inde​pendent insurance agencies comply with the New York financial services cybersecurity regulation. The new tool helps agencies that qualify for the limited exemption identify the requirements that apply to them. It also informs the agency as to which filing it must submit ​​before the April 15 deadline.

Section 500.17(b) of the regulation requires all "covered entities" (New York licensed and chartered companies in the banking, financial services, and insurance industries) to annually submit either a Certification of Material Compliance or an Acknowledgment of Non-Compliance regarding the prior calendar year. The entity must complete and submit the appropriate form on the New York State Department of Financial Services (DFS) website annually by April 15.

This requirement applies to the business entity only; it does not apply to licensed employees of an agency.

Our new resource provides a checklist of the requirements that apply to limited exempt agencies. The list is in the form of several questions for which the answers are either "yes" or "no." If the head of IT for your agency (and that person may well be the agency principal) can truthfully answer "yes" to all the questions, the agency should submit the Certification of Material Compliance.

On the other hand, if the truthful answer to one or more questions is "no," the agency should complete the Acknowledgement of Non-Compliance. 

The checklist is an exclusive benefit for Big I New York members. You can find it on the Filing Instructions page in the Cybersecurity section ​of our website. Because the Cybersecurity section is a benefit that our members pay for, users must log in to the site with their email address and password to access it.

Other resources to help you complete the filing include:

Please be aware that neither the agency nor its licensed employees are required to resubmit the Notice of Exemption on the DFS cyber portal unless their circumstances have changed. If nothing has changed, it is unnecessary to complete and submit this form again.​

Feb 07
NY P&C Insurance Summit: 'State is on the Brink of an Insurance Crisis'

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Global threats, fraud, the state's legislative and regulatory environment, and reduced product availability are battering New York's property and casualty insurance markets. That was the message Big I New York and its partner coalition New York First delivered to state public policymakers on February 4 at an information session in Albany.

The event, called the NY P&C Insurance Summit, took place before an audience of more than 200 members of the state legislature and their staff at the Hilton Albany. Legislative magazine City & State New York organized the event. The theme was “Charting a Path for Stability & Access for All." Industry insiders and experts discussed the current state of the markets and the reasons for it. A chat with New York Superintendent of Financial Services Adrienne A. Harris followed by a panel discussion with key state lawmakers ended the day.

[Videos of the event for those who were unable to attend will be posted on this site as soon as they are ready.]

[City & State New York's article about the event is available on their website​​.]

Michel Léonard, chief economist and data scientist at the Insurance Information Institute, opened the session with an overview, reporting that insurance affordability and availability are major issues today. Noting that insurance is a low-margin business, he pointed to legal system abuse; soaring property replacement costs; the natural catastrophes that occurred in 2024; international events such as the imposition of tariffs; and third-party funding of lawsuits as factors contributing to the hard markets.

Hank Watkins, executive director and associate dean at the St. John's University Maurice R. Greenberg School of Risk Management, Insurance and Actuarial Science, reviewed the many global challenges facing the industry. They included climate change; geopolitical conflicts such as the war in Ukraine; the growth of artificial intelligence (AI); cyber threats; pollution, including “forever chemicals;" inflation; and changes in global economic conditions.

Tom Stebbins, executive director of the Lawsuit Reform Alliance of New York (LRANY,) spoke about the state's “fraudemic" – an epidemic of fraud that is costing policyholders millions of dollars. He focused on growing fraud in construction accidents, showing video of news reports of staged accidents on job sites. Organizations affected by these crimes are beginning to fight back by filing lawsuits under federal and state Racketeer Influenced and Corrupt Organizations (RICO) laws against ringleaders, law firms, and medical practices.

Wes Bissett, senior counsel for government affairs at the Independent Insurance Agents & Brokers of America (the Big “I"), announced that “New York is on the brink of an insurance crisis." He argued that the state's approach to insurance regulation hinders competition and is inflexible and slow. Citing the difficulty carriers have obtaining approval for adequate rates and new products, he called for speeding up the process and asked for regulators to adopt a less adversarial attitude. The focus, he said, should be on the factors driving up loss costs such as the ones the previous speakers had raised.

Big I New York President and CEO Lisa Lounsbury moderated a panel discussion with Janet Pane, CEO and executive director of the Excess Line Association of New York (ELANY,) and Eric Draitser, assistant manager with the New York Automobile Insurance Plan (NYAIP.) The panelists emphasized that the market share going to the excess line market and the auto assigned risk plan have shot up in recent years. Draitser said that the volume of applications to the NYAIP has increased dramatically just since 2022. Pane asked public policymakers to work with ELANY to produce innovative solutions for the markets.

Lounsbury also moderated a panel featuring agents and carriers, including:

Bodenstein and Mendoza described the ways the hard market has impacted consumers, with carrier exits from the market hurting availability. Mendoza said that lack of availability has left agents unable to properly protect their clients. Echoing earlier comments about the challenges facing carriers, Martin and Sander called for speedier consideration of rate and form filings, reform of the legal system, and a renewed focus on combating fraud. Martin also said attracting talented employees is a constant challenge.

In a conversation with City & State's Editor-in-Chief Ralph Ortega, Superintendent Harris acknowledged that a backlog of rate and form filings had built up, pointing to staff shortages as the culprit. However, she said the Department of Financial Services (DFS) has cleared 30,000 “aged filings" and she is receiving monthly progress reports. Still, “You will never hear a regulator say they have all the tools they need," she added. She sees the DFS's job as striking the right balance between having safe, sound and solvent carriers while also ensuring that insurance products are affordable.

[A transcript of their conversation is available on the City & State New York website.]

The final session, moderated by Rebecca C. Lewis, City & State's senior state politics reporter, included three key members of the state legislature:

  • David Weprin (D – Queens,) chair of the Assembly Insurance Committee
  • Pam Hunter (D – 128th district – Central New York), president of the National Conference of Insurance Legislators (NCOIL)
  • Jamaal Bailey (D – Bronx and Westchester,) chair of the Senate Insurance Committee

Weprin predicted that New York lawmakers will be “playing defense" against the new administration in Washington for the next few years. To make insurance more affordable, Hunter suggested authorizing tax-favored “catastrophic savings accounts," akin to the health savings accounts frequently coupled with high-deductible health plans. She also called for incentives to make homes more resilient against fire and storm hazards. Bailey said that underinsurance is a significant problem and that it would be wise for homeowners to make regular assessments of their homes' rebuilding costs. Hunter added that people should have the same relationship with their insurance carriers as they have with their doctors.

The consistent message throughout the day was that the P&C markets in New York are very troubled with no single solution to the problem. Conditions call for a suite of approaches to ensuring that New York does not follow states like California, Florida, and Louisiana down the path of dysfunctional markets.

Feb 07
My Client's Mortgage Lender Wants a Copy of the Replacement Cost Estimator

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Question from a Big I NY member: We have been receiving requests from the banks to provide a replacement cost estimator to them for re-finance and new loans. Are you aware of any new law or regulation changes regarding this?

Answer: This all apparently stems from actions proposed by Fannie Mae and Freddie Mac last winter. However, at the behest of the national Big I and the National Association of Mutual Insurance Companies, they put an indefinite hold on the actions last June. That hold has evidently not stopped some lenders from trying to enforce them.

Here is my thought process on the matter:

  1. The borrower is your client. The lender is not.
  2. You have obligations to your clients. You do not have obligations to parties who are not clients (with obvious exceptions such as the state insurance regulator and law enforcement authorities.)
  3. The replacement cost estimate is your work. You are not obligated to share your work with anyone who does not have a contractual or law enforcement right to it.
  4. You can always share your work with whomever you please, subject to the constraints of privacy laws and regulations such as the federal Fair Credit Reporting Act.
  5. If you wish to share it, obtain the carrier's approval first. They might not want you to release it, and your contract may bind you to their instructions. If they have no objection, you may share a copy of the replacement cost calculation with your client.
  6. If the client has a copy of the calculation, they may share it with the lender as they see fit. Sharing of information should happen between the lender and the borrower, not between the insurance agency and the lender. Again, the lender is not your client.

A couple of caveats:

1.      If you share the calculation with the client, include a disclaimer stating that

  • The figure you arrived at is merely an estimate determined using the tools at your disposal.
  • You have no expertise in building construction.
  • You make no warranty as to the accuracy of the figure.
  • As the subject property belongs to the client, and the client knows their insurance needs best, they should consult with an expert in construction on the replacement cost value.

2.      Be aware that both providing the calculation and not providing it increase your errors and omissions liability risk. If you provide it and the figure later turns out to be an inadequate amount of insurance, it is possible that the client and/or the lender may sue your agency for alleged negligent misrepresentation. If you decline to provide it and the lender subsequently refuses to grant the loan, the client may sue the agency for allegedly costing them the loan. Thus, there are risks either way.

It is ultimately up to the borrower to satisfy a lender's requests. While your agency naturally wants to assist its client, it is not the agency's responsibility to make the lender happy.

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