NY Ins L § 3403 (2021)
2021 New York Laws ISC - Insurance Article 34 - Insurance Contracts-Property/casualty 3403 - Anti-Arson Application.

§ 3403. Anti-arson application. (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.  (c)  The  superintendent,  in  promulgating the anti-arson application form, shall consider generally recognized two-tier application forms. If the  initial  first-tier  application  elicits   certain   predesignated answers,   then   the  administration  of  a  second-tier  supplementary application  shall  be  mandatory.  The  superintendent  shall  consider securing the disclosure of the following types of information including, but not limited to:  (1)  the  name and address of the applicant and any mortgagees and any other parties who have an ownership interest in  the  property  and  any other  parties  who  have  a  real  interest  in  the property or in the proceeds of the claim;  (2) the amount of insurance requested and the method of valuation used to establish the amount of insurance;  (3) the dates and selling prices of the property in  all  real  estate transactions involving such property during the last three years;  (4)  the  applicant's  loss  history over at least the last five years with regard to any property in which he held an  equity  interest  or  a mortgage  and  where  any  such  loss  exceeded  one thousand dollars in damages;  (5) all taxes unpaid or  overdue  for  one  or  more  years,  and  any mortgage payments overdue by three months or more;  (6)  all  current  violations  of  fire,  safety, health, building, or construction codes on the property to be insured; and  (7) the present occupancy of the structure.  (d) No insurer, broker or authorized agent may enter into  a  contract to  insure  any  building, against the peril of fire or explosion unless such insurer, broker or authorized agent, first receives  an  anti-arson application  signed  and  affirmed  by  the  insured, if required by the superintendent in  accordance  with  the  provisions  of  this  section. Nothing  herein shall be construed to restrict the insurance of property by binder pursuant to  rules  and  regulations  as  promulgated  by  the superintendent.  (e)  A  material misrepresentation in the anti-arson application shall be grounds to rescind the insurance policy.  (f) Insureds shall notify their insurer in writing of  any  change  in the information contained in the anti-arson application, upon renewal or annually,  whichever  is  sooner.  A  material misrepresentation in such notification shall be grounds to rescind the insurance policy.  (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.  (h) The  superintendent  may  suspend  or  waive  the  requirement  of subsection  (f)  of  this  section  if  an  insurer can demonstrate that information that is substantially equivalent to the information obtained pursuant  to  the  two-tier  application  form  completed  upon   policy inception is available to the insurer by other means.