N.Y. Insurance Law Section 3403
Anti-arson application


(a)

In this section:

(1)

“Anti-arson application” means any application for insurance or renewal of insurance, covering the peril of fire or explosion that includes certain questions contained in subsection (c) of this section, which shall be answered by the applicant in addition to the basic information normally supplied to an insurer by an applicant.

(2)

“Insurance policy” and “contract” shall not mean an existing property insurance policy or contract, provided however that assignment of the policy or contract because of the transfer of a major financial interest in the insured real property shall require completion of an anti-arson application if otherwise required under this section.

(3)

“Property” means real property and the buildings and improvements thereon.

(b)

Except as provided in subsection (g) of this section the use of the anti-arson application shall be mandatory for all property insurance policies covering the peril of fire or explosion.

(c)

The superintendent, in promulgating the anti-arson application form, shall consider generally recognized two-tier application forms. If the initial first-tier application elicits certain predesignated answers, then the administration of a second-tier supplementary application shall be mandatory. The superintendent shall consider securing the disclosure of the following types of information including, but not limited to:

(1)

the name and address of the applicant and any mortgagees and any other parties who have an ownership interest in the property and any other parties who have a real interest in the property or in the proceeds of the claim;

(2)

the amount of insurance requested and the method of valuation used to establish the amount of insurance;

(3)

the dates and selling prices of the property in all real estate transactions involving such property during the last three years;

(4)

the applicant’s loss history over at least the last five years with regard to any property in which he held an equity interest or a mortgage and where any such loss exceeded one thousand dollars in damages;

(5)

all taxes unpaid or overdue for one or more years, and any mortgage payments overdue by three months or more;

(6)

all current violations of fire, safety, health, building, or construction codes on the property to be insured; and

(7)

the present occupancy of the structure.

(d)

No insurer, broker or authorized agent may enter into a contract to insure any building, against the peril of fire or explosion unless such insurer, broker or authorized agent, first receives an anti-arson application signed and affirmed by the insured, if required by the superintendent in accordance with the provisions of this section. Nothing herein shall be construed to restrict the insurance of property by binder pursuant to rules and regulations as promulgated by the superintendent.

(e)

A material misrepresentation in the anti-arson application shall be grounds to rescind the insurance policy.

(f)

Insureds shall notify their insurer in writing of any change in the information contained in the anti-arson application, upon renewal or annually, whichever is sooner. A material misrepresentation in such notification shall be grounds to rescind the insurance policy.

(g)

(1) The provisions of this section shall not apply to any insurance policy or contract covering the peril of fire or explosion with respect to owner-occupied real property used predominantly for residential purposes which consists of not more than four dwelling units.

(2)

The provisions of this section shall only apply to cities with a population of one million or more persons according to the nineteen hundred seventy census, except that within a reasonable time after receiving a petition by the governing board of a local municipal corporation as those terms are defined in article one of the general municipal law, the superintendent shall mandate the use of the anti-arson application within specific designations contained in such petition.

(h)

The superintendent may suspend or waive the requirement of subsection (f) of this section if an insurer can demonstrate that information that is substantially equivalent to the information obtained pursuant to the two-tier application form completed upon policy inception is available to the insurer by other means.

Source: Section 3403 — Anti-arson application, https://www.­nysenate.­gov/legislation/laws/ISC/3403 (updated Sep. 15, 2017; accessed Jun. 15, 2024).

3401
Insurable interest in property
3402
Executory contract not a change in interest, title or possession
3403
Anti-arson application
3404
Fire insurance contracts
3405
Fire insurance contract
3406
Copy of examination of insured to be delivered to insured
3407
Property insurance
3407‑A
Property/casualty insurance contract and policy standard provisions
3408
Fire insurance
3409
Distribution of hazardous material report forms
3410
Fire insurance contract
3411
Automobile physical damage insurance covering private passenger automobiles
3412
Automobile physical damage insurance covering private passenger automobiles
3413
Standard claim forms for fire losses
3414
Reports by insurers of certain casualty loss on property owned or operated by religious organizations
3415
Supplemental claim form to be submitted for certain fire loss claims in excess of ten thousand dollars in a city with a population of one...
3420
Liability insurance
3421
Homeowners’ liability insurance
3422
Hate crimes
3425
Certain property/casualty insurance policies
3426
Commercial lines insurance
3427
Gap insurance
3428
Cancellation of insurance contracts
3429
Geographical location of risks
3429‑A
Geographical location of risks in area serviced by a volunteer fire department
3430
Right of insured, agent or broker aggrieved on basis of geographical location of property or risks
3431
Immunity
3432
Immunity
3433
Termination of contracts or accounts of licensed agents or brokers
3434
Motor vehicle insurance policies
3435
Group property/casualty insurance
3435‑A
Motor vehicle insurance policies
3436
Medical malpractice insurance
3436*2
Group credit unemployment insurance and individual credit unemployment insurance
3436‑A
Adverse action against legal reproductive health care or gender-affirming care
3439
Reinsurance contracts excepted
3440
Insurance covering private passenger motor vehicles
3442
Credit card, debit card, or checking account group policies
3443
Workers’ compensation and employers’ liability insurance
3444
Flood insurance notice
3445
Windstorm insurance notice
3446
Product or system group insurance policies
3447
Qualification of environmental remediation insurance for tax credit
3448
Involuntary unemployment insurance policies
3449
Wireless communications equipment insurance policies
3450
Insurance for expenses incurred as a result of an act or threatened act of violence
3451
Identity theft group insurance policies
3451*2
Regulations
3452
Group property travel insurance policies
3453
Group policy for service providers listed in a commercial directory
3453*2
Self-service storage company group insurance policies
3453*3
Employer sponsored group personal excess insurance
3454
Sponsored group personal insurance
3455
Transportation network company group insurance policies
3456
Prohibition against cancellation of policy when motor vehicle is used or operated through a transportation network company program
3457
Group insurance policies for certain for hire motor vehicles
3458
Electronic notices and documents
3458*2
Group insurance for peer-to-peer car sharing programs
3459
Car share exclusions for motor vehicle insurance policies
3460
Prohibition against cancellation of policy when motor vehicle is used or operated through a peer-to-peer car sharing program
3461
Notice of claim
3462
Affordable housing underwriting and rating

Accessed:
Jun. 15, 2024

Last modified:
Sep. 15, 2017

§ 3403’s source at nysenate​.gov

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