DFS News – Re: Property Damage Due to Riots or Civil Commotion 

In June, amidst the rioting, the Superintendent of Financial Services (“Superintendent”) promulgated an emergency 17th amendment to 11 NYCRR 216 (Insurance Regulation 64). This amendment applies to any claim filed on or after May 30, 2020 for loss of or damage to real property, loss of or damage to personal property, or other liabilities for loss of, damage to, or injury to persons or property resulting from a riot or civil commotion in New York State, where the Superintendent has determined that it is in the best interests of the people of this State for such provisions to apply. The regulation adjusts time frames for commencing an investigation; allows claimants to make immediate repairs to certain damaged property if necessary to protect health or safety and to submit claims with reasonable proof, such as photographs or video recordings; and offers small businesses and individuals the option to resolve disputes through an impartial mediation process paid for by the applicable insurer.

Pursuant to the emergency amendment, the Superintendent has determined that it is in the best interests of the people of this State for the amendment to apply. This determination applies to the entirety of New York State, and will remain in effect until the expiration of the emergency amendment on September 2, 2020 or the Superintendent determines otherwise, whichever is earlier.

The full text of the emergency regulation is available on the Department’s website at https://www.dfs.ny.gov/system/files/documents/2020/06/reg64_amend17_em_text.pdf