New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle A - Governor's Office › Chapter I - Executive Orders › Part 8 - Executive Orders (Andrew M. Cuomo) › Section 8.82 - Executive Order No. 82: Temporary Suspension and Modification of Provisions of the Insurance Law

Current through Register Vol. 46, No. 28, July 10, 2024
WHEREAS, on October 26, 2012, I issued Executive Order
					 Number 47, declaring a disaster emergency in all 62 counties in the State of
					 New York; and
WHEREAS, on October 30, 2012, the President issued a major
					 disaster declaration for the counties of Bronx, Kings, Nassau, New York,
					 Queens, Richmond and Suffolk, on November 2, 2012, extended such declaration to
					 include the counties of Rockland and Westchester and thereafter extended such
					 declaration to include Orange County; and
WHEREAS, Hurricane Sandy brought damaging winds and
					 torrential rainfall causing record flooding and severe storm surges throughout
					 the State of New York that severely devastated the State; and
WHEREAS, the storm caused widespread damage to property
					 throughout the affected counties, creating a substantial need for insurance
					 adjusters to view and assess such damage to ensure that consumers'
					 property/casualty insurance claims are timely processed;
NOW, THEREFORE, I, ANDREW M. CUOMO, Governor of the State
					 of New York, by virtue of the authority vested in me by Section 29-a of Article
					 2-B of the Executive Law to temporarily suspend or modify specific provisions
					 of any statute, local law, ordinance, orders, rules or regulations, or parts
					 thereof, of any agency during a State disaster emergency, if compliance with
					 such provisions would prevent, hinder or delay action necessary to cope with
					 the disaster, hereby temporarily suspend and modify, as the case may be, for
					 the period from the date of this Executive Order until further notice, the
					 following:
Section 2108  of the Insurance Law, along with any
					 associated regulations, to the extent that they require permanent licensing of
					 public adjusters by the Department of Financial Services (the "Department") so
					 that, for the purposes of this Executive Order only, the Department may issue
					 temporary public adjuster licenses that authorize such temporary licensees to
					 adjust property/casualty insurance claims in the counties of Bronx, Kings,
					 Nassau, New York, Orange, Queens, Richmond, Rockland, Suffolk and Westchester
					 that are commenced during the period for which this Executive Order is
					 effective, as long as:
(1) an
				  application for a temporary license pursuant to this order is made on a form
				  prescribed by the Superintendent of Financial Services;
(2) such form is signed by a public adjuster
				  who is licensed in this State pursuant to Section 2108  of the Insurance Law;
				  whose license is in good standing; and who will be responsible for both the
				  supervising of the temporary licensee either in an employer/employee
				  relationship or other arrangement whereby the licensed public adjuster has
				  control over the temporary licensee and the satisfactory completion of all
				  adjustment undertaken by the temporary licensee;
(3) the temporary licensee has not had an
				  insurance license revoked, suspended or otherwise terminated for cause in any
				  state in the United States in the last ten years;
(4) the temporary licensee has not been
				  charged with, been convicted of, or pleaded guilty to or nolo contendere with
				  respect to a crime or misdemeanor in any state in the United States in the last
				  ten years;
(5) the temporary
				  licensee has not been found liable for misrepresentation, fraud, or unethical
				  conduct in any state in the United States in the last ten years; and
(6) the temporary licensee is presently
				  licensed in another state as a public or independent adjuster to adjust
				  property/casualty insurance claims; or has 5 years prior experience within the
				  last ten years as a public or independent adjuster adjusting property/casualty
				  insurance claims in the United States; or has been licensed as a public or
				  independent adjuster in New York State within the last 5 years.
Signed: Andrew M. Cuomo
Dated: November 29, 2012