On November 5, 2012, the New York Department of Financial Services issued an Insurance Circular Letter No. 8 (“Circular”), which provides that

it would be dangerous to public health and against public policy for insurers to enforce provisions of their policies that operate to bar insureds from disposing of damaged property before the insurer has

On November 5, 2012 (effective October 26, 2012), the New York Department of Financial Services issued an Amended Order Regarding Suspension of Certain Insurance and Banking Law Provisions for New York, Bronx, Kings, Richmond, Queens, Nassau, Suffolk, Westchester, Rockland, and Orange Counties (“Designated Counties”), which provides the following, in relevant part:

  • A moratorium

On October 31, 2012, North Carolina’s Commissioner of Insurance issued Bulletin 12-B-07, which provides an expanded list of counties previously designated (by Executive Order 129 issued on October 26, 2012) as in a “State of Emergency.” When a particular county is so designated, the Bulletin indicates that N.C.G.S § 58-2-46 is triggered, which

Following Maryland, Connecticut, and Rhode Island’s leads, New York and New Jersey are reportedly advising that the hurricane deductible should not apply to claims due to Sandy.

This article published on-line by NBC, indicates that the New York State Department of Financial Services has advised the insurance industry that the hurricane deductible should not

Insurers are starting to deploy adjusters to handle claims from Hurricane Sandy. An article in yesterday’s Wall Street Journal reports that “Disaster-modeling firm AIR Worldwide estimates the industry’s share of losses at $7 billion to $15 billion. At the high end of that range, Sandy would become the third-most expensive storm for insurers in U.S.

Connecticut, Maryland, and Rhode Island Insurance Departments have issued bulletins regarding hurricane deductibles with respect to insurance claims due to Sandy:

Connecticut

On October 30, 2012, the State of Connecticut Insurance Department issued the following Notice:

Please be advised based on information received from the National Hurricane Center (NHC) and the National Weather Service (NWS)

Connecticut, Delaware, New Jersey, and Rhode Island Insurance Departments have issued several bulletins regarding general claims handling for Hurricane Sandy. Links to the bulletins are provided here:

Connecticut

http://www.ct.gov/cid/lib/cid/Bulletin_IC-28_Storm_Sandy_October_2012.pdf

http://www.ct.gov/cid/lib/cid/Bulletin_IC-30_Storm_Sandy_October_2012.pdf

http://www.ct.gov/cid/lib/cid/Bulletin_IC-32_Storm_Sandy_October_2012.pdf

Delaware

http://www.delawareinsurance.gov/departments/documents/bulletins/DomesticForeignInsurersBulletin56.pdf

New Jersey

http://www.state.nj.us/dobi/bulletins/blt12_12.pdf

Rhode Island

http://www.dbr.ri.gov/documents/divisions/insurance/consumers/IndustryAlert2012-3.pdf

We will continue to monitor affected states’ insurance department websites for further bulletins regarding Hurricane Sandy.