A 9272: Places limitations and requirements on the use of aerial images by insurers.

  
  STATE OF NEW YORK ________________________________________________________________________ 9272 2025-2026 Regular Sessions  IN ASSEMBLY November 21, 2025 ___________ Introduced by M. of A. HUNTER -- read once and referred to the Committee on Insurance AN ACT to amend the insurance law, in relation to the use of aerial images by insurers The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The insurance law is amended by adding a new article 92 to 2 read as follows: 3 ARTICLE 92 4 USE OF AERIAL IMAGES 5 Section 9201. Legislative purpose. 6 9202. Definitions. 7 9203. Insurers' use of aerial images. 8 9204. Rules. 9 § 9201. Legislative purpose. The purpose of this article is to honor 10 consumer's traditional rights with regard to property insurance in the 11 face of advancing aerial technologies. 12 § 9202. Definitions. As used in this article, the following terms 13 shall have the following meanings: 14 (a) "Aerial image" means an image of a named insured's property 15 captured from an airborne platform. 16 (b) "Non-renewal" means a termination of property insurance coverage 17 that occurs at the end of the policy term. 18 (c) "Renewal" means: 19 (1) the issuance and delivery by an insurer at the end of a policy 20 period of a policy superseding a policy previously issued and delivered 21 by the same insurer; or 22 (2) the issuance and delivery of a certificate or notice extending the 23 term of an existing policy beyond its policy period or term. 24 § 9203. Insurers' use of aerial images. When utilizing aerial images 25 as part of its coverage determinations, an insurer shall: EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD13852-02-5 
 A. 9272 2 1 (a) Ensure that a non-renewal notice include copies of date-stamped 2 images of the property that show the specific conditions that are out of 3 compliance with the insurer's underwriting guidelines and what steps the 4 property owner can take to reverse the insurer's decision. Photos must 5 have been taken within the past twelve months. 6 (b) Establish a point of contact and a process for currently insured 7 property owners to use to provide documentation of completion of the 8 required work that the insurer communicates to the insured pursuant to 9 subsection (a) of this section. Such documentation shall be used by the 10 insurer in considering whether to uphold or reverse the non-renewal. 11 (c) Establish an appeal process so the consumer can correct any errors 12 or misunderstandings related to the non-renewal. 13 (d) Provide the named insured a time period consistent with notice 14 requirements set forth in section three thousand four hundred twenty- 15 five of this chapter to cure the defects/conditions underlying a non-re- 16 newal from the date the insurer identifies the specific conditions. An 17 insurer shall have the right to assess the work used to correct defects 18 to determine and ensure they have been corrected in a manner that meets 19 the standards originally communicated by the insurer in subsection (a) 20 of this section. Should the insurer determine that the work did not 21 correct the defects, the insurer shall notify the named insured that the 22 non-renewal shall be upheld. 23 (e) Offer a renewal policy to a consumer who submits proof that they 24 have cured the defects or conditions identified pursuant to subsection 25 (a) of this section. Provided however, an insurer may choose not to 26 renew the policy in question after defects or conditions identified 27 pursuant to subsection (a) of this section have been cured, but only for 28 a reason unrelated to such defects or conditions. 29 § 9204. Rules. The superintendent shall promulgate all rules and regu- 30 lations necessary for the implementation of this article. 31 § 2. This act shall take effect on the one hundred eightieth day 32 after it shall have become a law. Effective immediately, the addition, 33 amendment and/or repeal of any rule or regulation necessary for the 34 implementation of this act on its effective date are authorized to be 35 made and completed on or before such effective date.