New York Developments

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COVID-19 is impacting all facets of the insurance industry, and while the surplus lines market is somewhat inoculated from the impact of various state orders and emergency regulations, many states as well as the National Association of Insurance Commissioners (“NAIC”) are subjecting surplus lines insurers and brokers to their mandates.  This article provides a sample of various state and NAIC requests and orders in recent weeks with applicability to the surplus lines industry, including but not limited to moratoriums on cancellation/nonrenewal, orders to return premium with respect to insurance policies where COVID-19 has altered the nature of the underlying risk, and various data calls.
Read More LL Surplus Lines Series (Entry 23): Sampling of COVID-19 State and NAIC Insurance Updates Applicable to the Surplus Lines Industry

Reminding NY DFS regulated entities that its Cybersecurity Regulation (23 NYCRR Part 500) requires ‎assessment of cybersecurity risk, and the reporting of certain cybersecurity events within 72 hours, ‎the DFS issued guidance specific to the current COVID-19 pandemic. The DFS guidance is appropriate ‎for any business, whether or not subject to the NY Regulation.‎…
Read More NY DFS Issues Guidance to Regulated Entities for Cybersecurity in the Remote Work Environment

On March 27, 2020, a pair of New York State Assembly members introduced a bill that was aimed at requiring insurance carriers that issued a loss of use or business interruption policy to retroactively cover the losses resulting from Covid-19.
Read More New York Bill to Change Business Interruption Cover for Covid-19 Amended and Clarified

On March 19th, the New York Department of Financial Services (“DFS”) issued Circular Letter No. 7 (2020) (the “Letter”) urging all regulated entities to do their part to alleviate the adverse impact caused by COVID-19 on consumers and small businesses.
Read More New York Department of Financial Services Issues Circular Letter No. 7 Urging Regulated Entities to do Their Part to Support Consumers, Including Actions to Avoid Cancellation or Non-Renewal of Policies

On March 16th, New York Mayor Bill de Blasio issued Emergency Executive Order No. 100 (the “Order”), ‎imposing restrictions on gatherings ‎and businesses during the COVID-19 State of Emergency. The Order, amongst ‎other things, ordered the temporary closure of ‎all entertainment venues, commercial gyms, and adult congregate ‎centers‎‎. The Order also limits restaurants, bars and cafes to take-out and delivery orders only.‎…
Read More New York Mayor de Blasio Issues Emergency Executive Order 100 Imposing Restrictions on Gatherings and Businesses

On March 6, 2020, the New York Department of Financial Services (“NYDFS”) issued Insurance Circular Letter No. 4 (the “Circular Letter”) addressing the ability for insurance companies to offer “Cancel for Any Reason” or “CFAR” benefits in the state. The Circular Letter clarifies the ability for both insurance companies as well as insurance agents to offer CFAR benefits in New York and, while not directly overruling prior guidance, the Circular Letter substantially expands opportunities for insurance companies to offer CFAR coverage in the state in light of the Novel Coronavirus pandemic.
Read More New York, Against COVID-19 Backdrop, Issues Circular Letter Expanding Ability for Insurers to Offer “Cancel for Any Reason” (CFAR) Products

With the increased uncertainty around how Insurers can and should respond to the Novel Coronavirus (“COVID-19”), the New York State Department of Financial Services (“DFS”) has issued guidance to (i) all DFS Regulated Entities requesting that all such entities have preparedness plans to address the risks posed by COVID-19; and a call for special report to (ii) all authorized Property/Casualty Insurers requesting such insurers to provide policyholders with information and developments surrounding business interruption and related coverage written in New York.
Read More What Insurers Should Know: New York Department of Financial Services Issues Guidance and Call for Special Report Related to COVID-19

Locke Lord’s Privacy & Cybersecurity Newsletter provides topical snapshots of recent developments in the fast-changing world of privacy, data protection, and cyber risk management. For further information on any of the subjects covered in the newsletter, please contact one of the members of our privacy and cybersecurity team.
Read More Privacy & Cybersecurity Newsletter – November 2019

On June 17, the New York State Assembly passed the Stop Hacks and Improve Electronic Data Security Act, commonly referred to as the SHIELD Act which will be enforced by the New York Attorney General. This SHIELD Act should not be confused with Marvel’s Strategic Homeland Intervention Enforcement and Logistics Division also called S.H.I.E.L.D. The SHIELD Act is awaiting the governor’s signature to become law.
Read More New York Jumps on the Data Security Bandwagon