STATE OF NEW YORK ________________________________________________________________________ 1318 2023-2024 Regular Sessions IN SENATE January 11, 2023 ___________ Introduced by Sen. BRESLIN -- read twice and ordered printed, and when printed to be committed to the Committee on Rules AN ACT to amend the insurance law, in relation to clarifying the excess line insurance placement affidavit requirements The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subparagraph (C) of paragraph 3 of subsection (b) of 2 section 2118 of the insurance law, as amended by a chapter of the laws 3 of 2022 amending the insurance law relating to simplifying the excess 4 line insurance placement affidavit requirements, as proposed in legisla- 5 tive bills numbers S. 8127 and A. 9088, is amended to read as follows: 6 (C) Every licensee, or affirming broker, in connection with the place- 7 ment of each risk pursuant to this section [not otherwise exempt from 8 the diligent effort requirement], shall record on the affidavit 9 required pursuant to subparagraph (A) of this paragraph the name, date 10 of the declination, and national association of insurance commission- 11 ers code of each authorized insurer declining a risk and information 12 relied upon that formed the basis of such licensee's or affirming 13 broker's reason to believe that the authorized insurer might consider 14 writing the type of coverage or class of insurance involved. [No addi- 15 tional diligent effort information shall be reported on the affidavit] A 16 licensee or affirming broker shall not be required to record on the 17 affidavit the name of the representative declining the risk, the repre- 18 sentative's affiliation, or the reason for the declination. 19 § 2. This act shall take effect on the same date and in the same 20 manner as a chapter of the laws of 2022 amending the insurance law 21 relating to simplifying the excess line insurance placement affidavit 22 requirements, as proposed in legislative bills numbers S. 8127 and A. 23 9088, takes effect. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04213-01-3