A new bill proposed in the New York state Assembly aims to protect property owners in the critical moments following a loss by placing temporary restrictions on public adjuster solicitation. The bill (A.9390-A), sponsored by Assemblymember Sam Berger, D-27, would amend the state’s Insurance Law and would ensure consumers have the time and space needed to recover, consult with their insurance agent, and make informed decisions before being approached by third-party representatives.
While the bill would not restrict a policyholder’s ability to retain a public adjuster, it would establish a brief pause on solicitation during the immediate aftermath of a loss—a period when property owners often are overwhelmed and vulnerable.
Why this matters to agents
Independent insurance agents are often the first trusted professionals who policyholders turn to after a loss. In the hours following a fire, storm or other damaging event, agents play a critical role in helping clients understand coverage, initiate claims and take appropriate next steps.
Unsolicited contact from third parties during this period can create confusion, anxiety and pressure for policyholders who have not yet had the opportunity to review their insurance policies or speak with their agents. In some cases, consumers may feel compelled to make decisions about representation before fully understanding their insurance coverage or the claims process.
From an agent’s perspective, this bill would help preserve a critical window in which agents can assist clients without interference, helping to ensure that early claims handling begins in an orderly and informed manner.
What the legislation would do
Under A9390-A, public adjusters and their representatives would be prohibited from initiating contact with individuals associated with damaged residential or commercial property for 72 hours following a damaging event.
The bill also would establish a 200-foot buffer around affected properties during that period unless written authorization is provided by the insured.
Additional provisions would protect consumers from liability for fees arising from prohibited solicitation, require reimbursement of fees paid in violation of the law, and mandate clear written notice outlining consumer rights and protections.
Importantly, the legislation would not ban public adjusters or limit their lawful role. Policyholders would remain free to seek out and retain a public adjuster at any time on their own initiative.
Why timing matters after a loss
In the immediate aftermath of a loss, property owners are focused on safety, displacement and stabilizing their house or business. During this period, individuals may feel pressure to make rapid decisions without fully understanding their insurance coverage, policy benefits or available options.
A brief pause before solicitation allows consumers time to review their policy with their insurance agents, allows an initial claim assessment to occur, and determines whether professional representation is necessary. This approach promotes informed decision-making rather than choices made under stress or uncertainty.
Supporting an efficient claims process
Many property claims can be effectively adjusted through an insured’s company or independent adjuster—particularly during the initial evaluation stage. Early inspections often help clarify the scope of damage and available coverage.
Once a public adjuster is retained, insurer communications typically are routed through that representative. While appropriate in certain situations, this structure can introduce additional layers of communication if engaged prematurely. A.9390-A would encourage a more efficient start to the claims process while preserving consumer choice.
Bottom line
This bill represents a measured, consumer-focused approach to post-loss solicitation. By providing property owners with a short period to recover from the initial shock of a damaging event and understand their insurance options, the bill would strengthen consumer protections without restricting access to lawful professional services.
For independent agents, the proposal supports clearer communication, more orderly claims handling and better outcomes for policyholders at a critical moment.
PIANY strongly supports A.9390-A, and the association will continue to advocate for policies that promote consumer protection, transparency and a well-functioning insurance marketplace.
Joseph Ritchie
Joe Ritchie joined PIA Northeast as government and industry affairs coordinator for the Government & Industry Affairs Department in 2025, where he supports the association’s legislative, regulatory and member-advocacy initiatives across the Northeast. Prior to joining PIA, Joe served as the Advocacy & Policy Coordinator at Riverkeeper, working closely with municipal leaders, environmental organizations, and state agencies to advance clean water protections in the Hudson Valley. Previously, he worked as the Administrator of Government Affairs at Spectrum, where he managed statewide regulatory filings, supported broadband deployment efforts, and coordinated communications with policymakers. Joe also spent time in the New York State Assembly, assisting Assemblymember Kevin Cahill during his tenure as Chair of the Insurance Committee, where he contributed to committee meeting preparations, legislative research and constituent support. In addition to his government affairs work, Joe is the co-founder and Chair of Lights Out Norlite, a community-based environmental justice initiative focused on improving public health and industrial oversight in the Capital Region. He received his bachelor’s degree from Syracuse University and remains an active supporter of Syracuse Football. Outside of work, Joe enjoys cooking Italian meals for his wife, spending time with his family and camping throughout the Adirondacks.
