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Bill

A 11069

Relates to the use of aerial images for the purposes of homeowners' insurance

2025 Regular Session Introduced by Erik Dilan

Insurers may use aerial images in underwriting only with transparent notice, provide copies on request, allow appeals and remediation, and limit look-back to 180 days.

REFERRED TO INSURANCE
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Bill Summary · A 11069

Summary of Bill A. 11069 (2025-2026) – New York

Purpose

Legislation to regulate the use of aerial images in determining homeowners’ insurance coverage. The bill introduces rules around when insurers can use aerial imagery, how they must inform policyholders, and the process for adverse decisions based on such imagery.

Key Definitions

  • Covered policy: Personal lines or commercial lines insurance policies as defined elsewhere in New York Insurance Law.
  • Insured individual: A person entitled to coverage under a covered policy.
  • Insurer: The New York property underwriting association or any other property/casualty insurer issuing a covered policy.
  • Adverse decision: Cancellation or nonrenewal of coverage, a reduction in coverage, or a premium increase > 10%.
  • Aerial image: Images or videos of a property captured from an airborne device (e.g., plane, drone, helicopter).

Main Provisions

(a) Scope and Definitions

  • Establishes use of aerial images as a factor in coverage decisions only within the rules set by the new section.

(b) Notification and Access to Aerial Images

  • Notice requirement: Insurers must notify insured individuals at least annually that aerial images may be taken or obtained during the policy period (including at initial issuance and renewal).
  • Access to images: Insurers must provide the insured with any aerial images upon request within 30 days.
  • Provision of instructions: Annual guidance on how to request images and a point of contact must be provided (including with initial issuance and renewal).

(c) Adverse Decisions Based on Aerial Images

If an adverse decision is based in whole or in part on an aerial image, the insurer must:
1. Include copies of date-stamped aerial images showing specific conditions that do not meet underwriting guidelines, regardless of fault.
2. Provide an appeals process enabling an in-person property inspection to verify conditions; include steps and contact in the adverse decision notice. Results of the decision cannot take effect until appeals are concluded.
3. Provide remediation options and guidance, including standards for repairs and whether repairs are covered. The insured must be given a minimum of 60 days to cure identified defects/conditions from notice.
4. Offer renewal of the policy if the insured successfully appeals or completes remediation.
5. Ensure adverse decisions are not based on an aerial image taken more than 180 days before the decision.

(d) Compliance with Law

  • The section does not authorize aerial imaging where other laws prohibit it.

(e) Regulatory Authority

  • The New York Superintendent of Financial Services may promulgate rules/regulations to implement the section.

Practical Impact

  • Protection for policyholders: Increased transparency and due process when aerial imagery factors into underwriting. Insureds receive copies of imagery, a clearer appeal/remediation framework, and a right to a renewal after successful appeal/remediation.
  • Documentation and timelines: Insurers must maintain date-stamped images and provide them within 30 days upon request; remediation window of 60 days; appeals before any adverse decision becomes effective; 180-day look-back limit for images used in decisions.
  • Scope limitation: Applies to both homeownership and commercial property policies defined as covered policies; action only where aerial imagery is used as part of underwriting determinations.
  • Regulatory oversight: Leaves room for the DFS to issue detailed rules to operationalize these provisions.

Effective Date

  • Effective one year after enactment; applicable to policies issued, amended, or renewed on or after that date.

Practical Considerations

  • Insurers will need robust procedures to supply, store, and manage aerial images.
  • Policyholders may seek in-person inspections and remediation guidance if imagery-based decisions are challenged.
  • Aerial imaging cannot be used if prohibited by other laws, preserving existing regulatory constraints.

Sponsors: Assembly Member Dilan (co-sponsor Erik Dilan).
Status: Referred to the Assembly Insurance Committee (as of introduction on April 24, 2026).

Compiled from official sources — confirm details with the bill’s official record.

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