In this issue ...

• NYIA Updates Filing Considerations Document
• NYIA Meets with Governor’s Office on Dog Liability
• NYIA Attends 2026 NYCIRB Forum
• DFS Prepares for Auto Excess Profit Law Changes
• DFS Proposes Regulation on Flex Band Changes
• DFS Issues Guidance on Cybersecurity Risk Assessment
• WCB Updates Schedule Loss of Use FAQs
• NYIA Meets with NYC Agencies on Affordable Housing Insurance Program
• Unified Court System Adopts Rule Imposing Duty to Inquire
• NYCM Op-Ed on Assignment of Benefits Agreement Scams Features on USA Today Network
• PEF Holds Rally on Workplace Accountability at DFS
• NYIA Hosts Meeting with Milford Street Association on Litigation Environment
• Governor Launches FloodSafe NY

NYIA Updates Filing Guidance Document

NYIA has updated our filing considerations document to clarify rating provisions and align with the new changes to flex rating. The document was reviewed by our regulatory consultant and is not intended as legal or regulatory advice, but rather merely seeks to provide an overall framework and to promote a general understanding of this issue. If you have any questions on the guidance, please contact Staci at ssteinfeld@nyia.org.

NYIA Meets with Governor’s Office on Dog Liability

NYIA met with the Governor’s Office to discuss the legislation (S9207 Gianaris) that would prohibit carriers from taking dog breed into consideration during underwriting and rating of renters insurance. A similar bill was vetoed last year, but the current bill that awaits delivery to the governor would remove the reference to “solely,” which would make the law even more restrictive. NYIA has articulated the challenges with the liability trends, and the Flanders v. Goodfellow decision, which will only exacerbate the issue.

NYIA Attends 2026 NYCIRB Forum

This week, NYIA attended the New York Compensation Insurance Rating Board’s (NYCIRB) 2026 Forum. The event hosted speakers including Avani Shah, DFS Deputy Superintendent of Insurance in addition to staff from NYCIRB and the Bureau of Labor Statistics. Presentations focused on the state of the workers compensation system and recent trends in the market. Materials from the forum can be found on NYCIRB’s website.

DFS Prepares for Auto Excess Profit Law Changes

NYIA has heard from several sources at DFS that they are preparing to implement the new motor vehicle excess profit law that was passed in the budget. As a reminder, the changes, among other items, will require that carriers submit an annual report to DFS before March 31 of each year to demonstrate any realized excess profits. NYIA will let members know when we receive more definitive information.

DFS Proposes Regulation on Flex Band Changes

In accordance with the recent enacted budget provision, DFS has proposed a regulation to eliminate the use of flex for increases on non-business auto policies. As a reminder, flex band for nonbusiness auto increases can no longer be used for rates that are filed on or after November 27. The proposed regulation also includes the mandatory notice of premium reduction due to reforms enacted in the budget. Comments can be submitted to joana.lucashuk@dfs.ny.gov until November 9. If you would like NYIA to submit comments on your behalf, please contact Staci at ssteinfeld@nyia.org by November 1.

DFS Issues Guidance on Cybersecurity Risk Assessment

DFS issued guidance on risk assessments required by the cybersecurity regulation. DFS is encouraging covered entities to review their risk assessments and risk assessment procedures in light of the new guidance. DFS specifically states that covered entities should consider: whether the appropriate personnel are actively engaged in the process; the scope and methodology to confirm the assessments are appropriate based on the entity’s size and risk; and whether the assessments are responsive to material changes in business operations, technology, information systems, data handling, third-party relationships, and threats and vulnerabilities to the organization.

WCB Updates Schedule Loss of Use FAQs

The Workers Compensation Board (WCB) has updated their website to correct a schedule loss of use calculation example within the FAQ page. The revised FAQ #3 is now available on the WCB website with the correct calculation.

NYIA Meets with NYC Agencies on Affordable Housing Insurance Program

NYIA met with the NYC agencies in charge of the Mayor’s affordable housing insurance program. The agencies predominantly shared what was released in the request for expression of interest (RFEI) but did acknowledge the underlying cost drivers, including litigation and growing liability. The program itself will not be addressing those underlying cost drivers. They also indicated that they have received a range of alternative risk mechanisms in response to the RFEI. They further shared that they had not heard from the carrier community much to date and appreciated NYIA serving as a resource. They were very clear in indicating that their concerns were not with carriers. NYIA will continue to engage with them as they develop the program and will notify members of any developments.

Unified Court System Adopts Rule Imposing Duty to Inquire

The Unified Court System adopted an amendment to the rules of professional conduct. Effective July 1, 2026, attorneys now have an affirmative duty to inquire. The rule was proposed by the New York State Bar Association and is particularly concerned with situations including money laundering, terrorist financing, and most relevant to the insurance industry, fraud and frivolous litigation.

NYCM Op-Ed on Assignment of Benefits Agreement Scams Featured on USA Today Network

As part of NYIA’s Amplifying the Carrier Voice initiative, Cheryl Robinson, president and CEO of NYCM Insurance, recently penned an op-ed for the USA Today Network on assignment of benefits agreement scams in New York. The op-ed warned consumers about these scams and advocated for legislation to better protect New Yorkers from predatory practices by third-party contractors or adjusters. NYIA is working to advance a bill that would help address these nefarious practices. The Amplifying the Carrier Voice initiative will continue this fall. If you are interested in authoring an op-ed or have a topic you would like to suggest, please reach out to Kaitlyn at kflynn@nyia.org.

PEF Holds Rally on Workplace Accountability at DFS

The Public Employees Federation (PEF) held a rally regarding workplace accountability at DFS in front of their NYC headquarters. PEF has alleged that DFS has engaged in unfair treatment of its employees and its disrespect for union rights. PEF’s announcement stated that “the rally is in response to multiple reports from employees and union representatives alleging bullying tactics, intimidation and retaliation at DFS. The union demands immediate and meaningful change, which must include protection against retaliation and accountability from DFS leadership.” NYIA will continue to monitor the situation.

NYIA Hosts Meeting with Milford Street Association on Litigation Environment

Last week, NYIA hosted a virtual meeting at the request of the Milford Street Association to discuss new data that highlights the prevalence of property litigation in New York City. The data was comprised by Milford jointly with the NYU Furman Center. The call discussed the research findings and included an opportunity for participants to ask questions.

Governor Launches FloodSafe NY

Governor Hochul announced the launch of FloodSafe NY, a partnership between the Department of Environmental Conservation (DEC) and the U.S. Geological Survey (USGS) to develop a statewide Hydrologic Monitoring Network to help reduce risks of flooding. Originally proposed in Governor Hochul’s 2026 State of the State, FloodSafe NY will enhance the state’s streamgage network, giving local governments access to the water data needed to identify flooding patterns and hydrologic trends. The improved technology will help communities save lives and reduce damage from future flooding events by anticipating flood risks earlier and making smarter infrastructure decisions.