What's happening
This bill requires insurers to offer homeowners in floodplains coverage for damages caused by windblown waves or wave action.
Why it matters
Expands homeowner protections. By mandating coverage for damage from windblown waves—even when water levels are below official flood stage—this bill closes a common insurance gap affecting those in flood-prone areas.
Includes more than just the main home. The required coverage extends not only to the residence but also to "appurtenances" like garages, boat docks, retaining walls, and break walls, ensuring broader property protection.
Clarifies insurance responsibilities. By defining "windblown waves" and "wave action," the bill removes ambiguity and can help avoid disputes between policyholders and insurers over what types of water damage are covered.
Could impact insurance costs and availability. Insurers may need to reassess risk and pricing models for properties in floodplains, which could affect premiums or the willingness of companies to offer coverage in high-risk areas.
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Who cares
Insurers covering floodplain property
They would have to make coverage for windblown waves or wave action available under homeowners’ policies to all insureds residing in single-family homes in the floodplain.
Single-family homeowners in floodplains
They would gain access to coverage for damage from waves cresting above floodplain level during high-water conditions, even when the underlying water is below that level.
Insured homeowners with docks, boathouses or protective walls
The coverage would extend beyond the residence to appurtenances, including garages, boat docks, restraining walls, boathouses, break walls and other devices used to prevent or minimize water or wave damage.
Headline styles
Cover Wave Damage in Floodplains
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to insurance
- Referred to insurance
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2972
2019-2020 Regular Sessions
IN ASSEMBLY
January 28, 2019
Introduced by M. of A. PRETLOW -- read once and referred to the Committee on Insurance
AN ACT to amend the insurance law, in relation to requiring floodplain insurance to cover damages caused by waves
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The insurance law is amended by adding a new section 2351-a to read as follows:
§ 2351-a. Floodplain insurance, wave damage. (a) Any insurer which insures property in a floodplain shall make available to all insureds who reside in single family homes in the floodplain coverage under their homeowners' insurance policy for damages caused by windblown waves or wave action. Such policies shall cover the residence and any appurtenances thereto, including, but not limited to, garages, boat docks, restraining walls, boat houses, break walls and any other device used to prevent or minimize wave or water damage to real property.
(b) As used in this section, "windblown waves" or "wave action" shall mean the condition which exists when a floodplain area has high water conditions, even though below the floodplain level, and the water is stirred by wind or other conditions to cause waves which crest above floodplain level.
§ 2. This act shall take effect on the ninetieth day after it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05390-01-9
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.