New York Assembly Bill A09390

New York 2025-2026 Regular Session

• Introduced: 12/19/25
• Refer: 12/19/25
• Refer: 1/7/26
• Report Pass: 2/25/26
• Refer: 2/25/26
• Report Pass: 3/17/26
• Engrossed: 3/23/26
• Refer: 3/23/26

Caption

Prohibits public adjusters from initiating contact with, soliciting, or approaching owners, occupants, tenants, or other affected parties regarding commercial or residential property that has sustained damage from a damaging event within forty-eight hours following such damaging event; establishes reimbursement and written notice requirements for such adjusters.

Summary

A09390 amends the New York Insurance Law to regulate how public adjusters may contact people after a property-damaging event. The bill defines a “damaging event” broadly to include natural and human-made incidents that damage residential or commercial property, such as floods, fires, storms, explosions, structural collapse, toxic release, infestation, and mechanical failure. It then prohibits public adjusters and their representatives from initiating contact, soliciting, or approaching owners, occupants, tenants, or other affected parties within 72 hours after such an event. The bill also creates a physical proximity restriction during that 72-hour period, barring public adjusters from coming within 200 feet of the affected property or of the affected persons, unless the insured or property owner gives written authorization. If a person is contacted or solicited in violation of the restriction, they are not liable for any fee, commission, or charge, and any fees already paid must be reimbursed upon request. Before any adjusting activity begins, the adjuster must provide a written notice, in a form prescribed by the superintendent, explaining the contact ban, reimbursement rights, and any claim-specific communication limitations that may arise from retaining a public adjuster.

Impact

The bill would add a new subsection to Insurance Law section 2108, directly regulating public adjuster conduct after property losses involving residential or commercial property. It would create enforceable consumer protections by limiting post-disaster solicitation, requiring disclosures, and giving affected property owners, occupants, and tenants a right to reimbursement for fees collected in violation of the new rules. The superintendent of insurance would also gain authority to prescribe the required notice form, and public adjusters would need to change their post-event marketing and intake practices statewide.

Sentiment

The available voting history shows strong and unanimous support for the bill at every recorded stage: the Assembly Insurance Committee advanced it unanimously, the Codes Committee approved it unanimously, and the Assembly passed it 139-0. That pattern suggests broad agreement that the measure addresses an undesirable practice and provides needed consumer protection after damaging events. No committee transcript is available, but the votes indicate little to no opposition in the legislative process.

Contention

The main policy issue is the balance between consumer protection and the business practices of public adjusters. Supporters appear to favor a cooling-off period to prevent aggressive or opportunistic solicitation after disasters, while any potential critics would likely focus on whether the 72-hour ban and 200-foot restriction are too restrictive for legitimate adjuster outreach. The bill text itself also differs from the caption, which describes a 48-hour restriction, but the amended bill language uses 72 hours; that discrepancy may reflect a prior version rather than a substantive dispute in the recorded history.