N.Y.: Assembly passes public adjuster solicitation bill; strengthens post-loss protections for consumers

The New York state Assembly has passed A.9390-B, legislation that would strengthen consumer protections in the immediate aftermath of a property loss. The bill—sponsored by Assemblymember Sam Berger, D-27—is strongly supported by PIANY. 

The measure builds on earlier versions of the legislation, and it would represent an important step forward in protecting policyholders during one of the most vulnerable moments in the claims process. 

What the bill would do 

A.9390-B would prohibit public adjusters and their representatives from initiating contact with property owners, occupants or tenants for 48 hours following a damaging event.  Originally, the bill provided a 72-hour moratorium on contact, but it was amended in committee to reduce the time to 48 hours. It also would establish a 200-foot buffer zone around affected properties during that time, unless the insured provides written authorization. 

Further, the bill would ensure that consumers are not financially responsible for any fees resulting from prohibited solicitation, and it would require full reimbursement of any such payments. In addition, public adjusters would be required to provide clear written notice outlining consumer rights, including the right not to be contacted during the restricted period and the potential impacts of retaining representation. 

Importantly, the legislation would preserve consumer choice by allowing policyholders to initiate contact with a public adjuster at any time. 

Why this matters 

In the immediate aftermath of a loss, property owners often are dealing with displacement, safety concerns and uncertainty about next steps. A brief pause on unsolicited outreach would help to ensure that they have time to consult with their insurance agent, understand their insurance coverage, and begin the claims process in an orderly way.

For independent agents, this measure would help to protect a critical window to guide clients through the early stages of a claim—reducing confusion and supporting more informed decision-making.

What comes next 

Following its passage in the state Assembly, A.9390-B will move to the Senate for consideration.  

PIANY will continue working with lawmakers to advance this legislation and support policies that promote consumer protection, transparency and an efficient claims process.