Supplement No. 2 to Insurance Circular Letter No. 3 (1986): Availability Survey Updates - WITHDRAWN

August 15, 1989

SUBJECT: INSURANCE

SUPPLEMENT NO. 2 to CIRCULAR LETTER NO. 3 (1986)

WITHDRAWN

TO: MANAGER, COMMERCIAL LINES UNDERWRITING

OF: ALL LICENSED PROPERTY/CASUALTY INSURERS

ALSO: INSURANCE PRODUCER ORGANIZATIONS

RE: AVAILABILITY SURVEY UPDATES

In response to the liability insurance crisis, the Department conducted special surveys to ascertain the existence of markets for different insurance coverages. As a result, markets for many of these risks were identified. Where a meaningful market did not exist for critical coverages, voluntary Market Assistance Programs were successfully developed.

The annexed - availability survey is hereby established, pursuant to Section 308 of the Insurance Law, as a mechanism for the annual appraisal of insurance market conditions and trends. These survey forms should be completed and returned to the Department no later than September 30; 1989 and, until further notice, by September 30th annually thereafter. An insurer failing to file completed surveys by the due date will be subject to statutory penalties. Please acknowledge receipt, and direct your reply and any questions, to:

Bruce L. Ascher, CIE (212-602-0369)

Associate Insurance Examiner.

Property & Casualty Insurance Bureau

New York State Insurance Department

160 West Broadway -- 13th Floor

New York, New York 10013

Your continuing cooperation is essential. Though not required to, individual agents and brokers and producer organizations are encouraged to respond as well.

Very truly yours,

JAMES P CORCORAN

INSTRUCTIONS FOR COMPLETING THE NEW YORK STATE INSURANCE DEPARTMENT AVAILABILITY SURVEY

All property/casualty insurers and reinsurers licensed in New York, and accredited reinsurers must complete this survey. For each of the categories of risk, companies should indicate the availability status which best characterizes its underwriting position by marking the appropriate box, using the symbols indicated at the bottom of each page of the survey.

AVAILABILITY STATUS:

The symbols representing each Availability Status, as shown at the bottom of each page of the survey are intended to reflect a company's position in underwriting each category of risk. For the purposes of this survey.

ACTIVELY means that coverage is being offered within the company's regular scope of business or that it has specialty programs developed for the type of insurance listed.

SELECTIVE means that coverage would be written, subject to strict underwriting criteria, or that the company is only a limited market for the type of insurance listed.

ACCOMMODATION means that coverage would only be provided to an account already insured by the company for some other type of coverage.

If none of the foregoing responses accurately describe the company's position relating to particular types of risks, or if further explanation is needed. please write in the words "SEE ATTACHED" and enclose the applicable details with the completed survey form.

POLICIES:

Indicate the number of policies written for this category during Calendar Year 1989.

CONTACT PERSON:

A Contact Person should be indicated for each category of coverage which the company indicates it writes. whether on an active, selective or accommodation basis. The contact person should be familiar with the insurer's underwriting guidelines for the indicated coverage, and should have some decision-making authority in determining the insurability of risks.

REINSURERS:

Reinsurers should indicate if the categories of coverage would be written on a reinsurance basis. (treaty or facultative).

EXCESS LINES BROKERS:

Excess Lines Brokers should give positive responses only to the extent that coverage can be placed, with a non admitted carrier.

PRODUCER ORGANIZATIONS:

Producer organizations should advise members of the survey and inform the Department of admitted markets.

COMPLETED FORMS:

All completed surveys should be returned by the date requested with a cover letter identifying the company(ies) responding, and indicating the name, title and telephone number of the person to be contacted if questions arise regarding the completeness or accuracy of the submission.

TYPE OF RISK

YES

POLICIES

CONTACT

Recreational Liability

Carnivals, Fairs and

Amusement Parks Required

by Article 27 of the

New York Labor Law to

obtain liability

insurance.

Large Amusement Park

[]

Small Amusement Park

[]

Traveling Amusement

[]

Shows

Small Local Fairs

[]

Carnivals

[]

State or County Fairs

[]

TYPE OF RISK

YES

POLICIES

CONTACT

Other Recreational

Liability

Ice Skating Rinks

[]

and/or Clubs

Ski Area Liability

[]

Ski Tour Operators

[]

Horseback Riding

[]

Establishment

Winter Recreational

[]

Facilities

Snowmobile Liability

[]

Snowmobile Clubs-

[]

Including Trails

Snowmobile Clubs-

[]

Excluding Trails

Snowmobile Rentals

[]

TYPE OF RISK

YES

POLICIES

CONTACT

Go Kart Facilities

[]

Bowling Alleys

[]

Indoor Pool

[]

Swim Clubs

Horseback Riding

[]

Establishment

Private Recreational

[]

Clubs

Summer Camp And

[]

Recreational Facilities

Roller Skating

[]

Facilities

Special Events

[]

Health Clubs

[]

Racquetball Facilities

[]

Private Beaches

[]

TYPE OF RISK

YES

POLICIES

CONTACT

Baseball &

[]

Softball Clubs

Hockey Clubs

[]

Other Sports

[]

Clubs

Firework Display

[]

Contact Sport Club

[]

Gymnasium Schools

[]

Youth Centers

[]

Tennis Instructor

[]

Health Clubs

[]

TYPE OF RISK

YES

POLICIES

CONTACT

Boat owners Liability

[]

Boat Rentals

[]

Boat Launch

[]

Facilities

Boat Marina

[]

Facilities

Pleasure Boating

[]

Museum Establishments

[]

Theater Club

[]

Road Race Club

[]

Judo and Karate

[]

Instruction

TYPE OF RISK

YES

POLICIES

CONTACT

Recreational

[]

Guide Services

Singles Club

[]

Beach Club

[]

Police Athletic

[]

League

Knights of Columbus or

[]

Other Fraternal

Organization

Special Exhibit Floater

[]

Vacation Resorts

[]

Bungalow Colonies

[]

Other Specify

[]

TYPE OF RISK

YES

POLICIES

CONTACT

LIQUOR LAW LIABILITY-

[]

taverns and restaurants

for which liquor

accountants

for more than 75% of

total sales,

CGL coverage is not

requested.

LIQUOR LAW LIABILITY-

[]

taverns and restaurants

for which liquor

accountants

for more than 75% of

total sales,

CGL coverage is not

requested.

LIQUOR LAW LIABILITY-

[]

taverns and restaurants

for which liquor

accountants

for more than 75% of

total sales,

CGL coverage is not

requested.

LIQUOR LAW LIABILITY-

[]

taverns and restaurants

for which liquor

accountants

for more than 75% of

total sales,

CGL coverage is not

requested.

TYPE OF RISK

YES

POLICIES

CONTACT

PRODUCT LIABILITY

Medical Product -

[]

Sales

Cosmetic Manufacturers

[]

Cosmetic Sales

[]

New Products (Cosmetics)

[]

Establishment

New Products

[]

Pharmaceutical

New Products (Food)

[]

New Products (Other Specify)

[]

Tanning Salons

[]

Toy Manufacturers

[]

TYPE OF RISK

YES

POLICIES

CONTACT

Refrigeration Systems

[]

Food Processing

[]

Pest Control

[]

Tree Spraying

[]

New Car Dealers

[]

Used Car Dealers

[]

Motorcycle Dealers

[]

Detergent Manufacturer

[]

Chemical Packaging Firm

[]

Fire Gauge Manufacturer

[]

TYPE OF RISK

YES

POLICIES

CONTACT

Fire Equipment

[]

Furrier

[]

Close Out

[]

Sales Vendor

Pen Maker

[]

Riding Equipment Sales

[]

Toilet Renting

[]

Children" Clothing

[]

Distributor

Platform Lift Rentals

[]

TYPE OF RISK

YES

POLICIES

CONTACT

Clothing Importers

[]

Golf Cart Leasing

[]

Auto Parts

[]

Manufacturers

Fuel Oil

[]

Distributor

Fuel Tank Installation

[]

and Repair (may include

Premises Operations

coverage)

Tanks Other than Fuel-

[]

Installation and Repair

Aircraft instruments

[]

and Gauges

Other - Specify

[]

TYPE OF RISK

YES

POLICIES

CONTACT

COMPLETED OPERATIONS

Aircraft Repair Liability

[]

Auto Body Repair Work

[]

Boat Hauling

[]

Boiler and Machinery

[]

Repair

City Contractual Work

[]

City Contractual Work --

[]

$ 4 Million Excess of

$ 1 Million

Duct Work Installation

[]

Asbestos Removal

[]

Removal of other

[]

Pollutants

(i.e, Dioxin, PCBs)

Racquetball Facilities

[]

Private Beaches

[]

Private Beaches

TYPE OF RISK

YES

POLICIES

CONTACT

Pest Control

[]

Exterminator's

[]

Liability

Crop Dusting

[]

Tree Spraying

[]

Tanning Salons

[]

Bridge Painting

[]

Masonry Work

[]

Construction

[]

Carpentry

[]

Refrigeration Systems

[]

TYPE OF RISK

YES

POLICIES

CONTACT

Roofing Contractors

[]

Cardboard Manufacturers

[]

Dock Repair

[]

Knife Manufacturing

[]

& Sales

Underground Tank

[]

Inspection

Waste Disposal-

[]

Hazardous

Waste Disposal-

[]

Non-Hazardous

Other Specify

[]

TYPE OF RISK

YES

POLICIES

CONTACT

PREMISES/OPERATIONS LIABILITY

Churches

[]

Synagogues

[]

Restaurants

[]

Retail Stores

[]

Grocery Stores

[]

Bodegas

[]

Office Buildings

[]

Apartment Buildings

[]

TYPE OF RISK

YES

POLICIES

CONTACT

Other Commercial

[]

Real State

Rooming Houses

[]

Hotels

[]

Hotels -- Seasonal

[]

Motels

[]

Motels -- Seasonal

[]

Farms and

[]

Ranches

Outpatient

[]

Elective Surgery Office

TYPE OF RISK,

YES

POLICIES

CONTACT

Vacant Commercial

[]

Real Estate

Vacant Dwellings

[]

Vacant Land

[]

Other -- Specify

[]

INSURER NAME

NOTE: FOR ALL "YES" RESPONSES INSERT THE FOLLOWING:

[X] YES, ACTIVELY PROVIDE A MARKET

[*] YES. SELECTIVELY

TYPE OF RISK

YES

POLICIES

CONTACT

MUNICIPAL LIABILITY

General Liability

[]

Automobile Liability

[]

Excess Liability

[]

Umbrella Liability

[]

Indian Reservations

[]

Other -- Specify

[]

INSURER NAME

NOTE: FOR ALL "YES" RESPONSES INSERT THE FOLLOWING:

[X] YES, ACTIVELY PROVIDE A MARKET

[*] YES, SELECTIVELY

[+] YES, BUT WILL UNDERWRITE ONLY AS AN ACCOMMODATION

TYPE OF RISK,

YES

POLICIES

CONTACT

SMALL CONTRACTORS AND OTHER SMALL BUSINESSES

Cleaning Services

[]

Cleaning Services

[]

Floor Waxing Exposure

Electrical Contractors

[]

Elevator and Boiler Repair

[]

[]$

Home Improvement

[]

Contractors

General Contractors --

[]

"Paper Contracts"

Home Inspection Companies

[]

INSURER NAME

NOTE: FOR ALL "YES" RESPONSES INSERT THE FOLLOWING:

[X] YES, ACTIVELY PROVIDE A MARKET

[*] YES, SELECTIVELY

TYPE OF RISK

YES

POLICIES

CONTACT

Women, Minority and Small

[]

Business Contract Bonds

Health Club Surety Bonds

[]

Bonds for Contractors for

[]

the City of New York

Bonds for other Municipal

[]

Contractors

Other -- Specify

[]

INSURER NAME

NOTE: FOR ALL "YES" RESPONSES INSERT THE FOLLOWING:

[X] YES, ACTIVELY PROVIDE A MARKET

[*] YES, SELECTIVELY

[+] YES, BUT WILL UNDERWRITE ONLY AS AN ACCOMODATION

TYPE OF RISK,

YES

POLICIES

CONTACT

CHILD CARE LIABILITY

Day Care Endorsement to

[]

Homeowners Policy

Family Day Care

[]

in home (up to 6 children)

Group Family Day Care

[]

in home (7 - 12 children)

Day Care Center

[]

self-standing

Foster Parents

[]

Foster Care

[]

Care for the

[]

Mentally Disabled

Adult Day Care

[]

Other -- Specify

[]

INSURER NAME

NOTE: FOR ALL "YES" RESPONSES INSERT THE FOLLOWING:

[X] YES, ACTIVELY PROVIDE A MARKET

[*] YES, SELECTIVELY

TYPE OF RISK

YES

POLICIES

CONTACT

POLLUTION LIABILITY

Underground storage tanks

[]

Above Ground Storage Tanks

[]

Clean-Up Costs

[]

Asbestos Removal

[]

Contractors

Hazardous Waste Haulers

[]

Hazardous Waste Removal

[]

Medical Waste Removal

[]

Contractors

Environmental Protector

[]

Policy

Other -- Specify

[]

INSURER NAME

NOTE: FOR ALL "YES" RESPONSES INSERT THE FOLLOWING:

[X] YES, ACTIVELY PROVIDE A MARKET

[*] YES SELECTIVELY

[+] YES, BUT WILL UNDERWRITE ONLY AS AN ACCOMMODATION

TYPE OF RISK

YES

POLICIES

CONTACT

PROFESSIONAL LIABILITY - ERRORS AND OMISSIONS

Directors and Officers Liability

(Profit)

[]

(Non-Profit)

[]

Lawyers

[]

Professional Liability

Law Enforcement

[]

Professional Liability

Security Firms

[]

(i.e. Pinkerton Guard)

Social Worker

[]

Professional Liability

Architects and Engineers

[]

Professional Liability

Publishers

[]

Professional Liability

Accountants and Auditors

[]

Errors and Omissions

Public Official

[]

Errors and Omissions

INSURER NAME

NOTE: FOR ALL "YES" RESPONSES INSERT THE FOLLOWING:

[X] YES, ACTIVELY PROVIDE A MARKET

[*] YES SELECTIVELY

TYPE OF RISK

YES

POLICIES

CONTACT

Real Estate

[]

Errors and Omissions

Nursing Homes

[]

Medical Malpractice

Private Nursing Service

[]

Medical Malpractice

Medical Students

[]

Medical Malpractice

Non-Profit Organizations

[]

School Liability

[]

Employment Agencies

[]

Fiduciary Liability

[]

Advertising Agents

[]

Errors and Omissions

Travel Agents

[]

Errors and Omissions

INSURER NAME

NOTE: FOR ALL "YES" RESPONSES INSERT THE FOLLOWING:

[X] YES, ACTIVELY PROVIDE A MARKET

[*] YES SELECTIVELY

TYPE OF RISK

YES

POLICIES

CONTACT

Actuaries

[]

Errors and Omissions

Consultants

[]

Professional Liability

Counselors

[]

Errors and Omissions

Employee Benefits Liability

[]

Insurance Producers

[]

Errors and Omissions

Insurance Company

[]

Errors and Omissions

Ambulance

[]

Professional Liability

.Acupuncture

[]

.Chiropractor

[]

.Chiropodist/Podiatrist

[]

INSURER NAME

NOTE: FOR ALL "YES" RESPONSES INSERT THE FOLLOWING:

[X] YES, ACTIVELY PROVIDE A MARKET

[*] YES SELECTIVELY

[+] YES, BUT WILL UNDERWRITE ONLY AS AN ACCOMMODATION

TYPE OF RISK

YES

POLICIES

CONTACT

Dietician/Nutritionist

[]

Laboratory Technician

[]

Registered Nurse

[]

Practical Nurse

[]

Nurse Practitioners

[]

Nurse Midwife

[]

Nurse Anesthetist

[]

Occupational Therapist

[]

.Optician

[]

Optometrist

[]

INSURER NAME

NOTE: FOR ALL "YES" RESPONSES INSERT THE FOLLOWING:

[X] YES, ACTIVELY PROVIDE A MARKET

[*] YES SELECTIVELY

[+] YES, BUT WILL UNDERWRITE ONLY AS AN ACCOMMODATION

TYPE OF RISK

YES

POLICIES

CONTACT

Orthotist/Prosthetist

[]

Pharmacist

[]

Physical Therapist

[]

Physician's Assistant

[]

Psychologist

[]

Rehabilitation Professionals

[]

Respiratory Therapist

[]

Weight Loss Centers

[]

Hospice

[]

Visiting Nurse Association

[]

INSURER NAME

NOTE: FOR ALL "YES" RESPONSES INSERT THE FOLLOWING:

[X] YES, ACTIVELY PROVIDE A MARKET

[*] YES SELECTIVELY

[+] YES, BUT WILL UNDERWRITE ONLY AS AN ACCOMMODATION

TYPE OF RISK

YES

POLICIES

CONTACT

Home Health Care Agency

[]

Community Health Care Centers

[]

Physical & Occupational Rehabilitation Centers

[]

Cardiac Rehabilitation Centers

[]

Emergency Centers

[]

Surgery Centers

[]

Blood Banks

[]

Organ or Blood Facilities

[]

Medical Dental or X-Ray Labs

[]

Other -- Specify

[]

INSURER NAME

NOTE: FOR ALL "YES" RESPONSES INSERT THE FOLLOWING:

[X] YES, ACTIVELY PROVIDE A MARKET

[*] YES SELECTIVELY

[+] YES, BUT WILL UNDERWRITE ONLY AS AN ACCOMMODATION

TYPE OF RISK,

YES

POLICIES

CONTACT

GOVERNMENT FUNDED VOLUNTEER PROGRAMS

Business Counseling Programs-

[]

Non-Profit Agency

Counselors Liability - Non-profit Agency

[]

Counselors Liability - Additional Insureds

[]

Excess Owned/Non-Owned Automobile Liability

[]

Automobile Transportation

[]

Liability

Medical Payments Liability

[]

Recreational Facilities

[]

INSURER NAME

NOTE: FOR ALL "YES" RESPONSES INSERT THE FOLLOWING:

[X] YES, ACTIVELY PROVIDE A MARKET

[*] YES SELECTIVELY

TYPE OF RISK

YES

POLICIES

CONTACT

Social Workers

[]

Hospital Workers - Additional Insureds

[]

Other -- Specify

[]

INSURER NAME

NOTE: FOR ALL "YES" RESPONSES INSERT THE FOLLOWING:

[X] YES, ACTIVELY PROVIDE A MARKET

[*] YES, SELECTIVELY

[+] YES, BUT WILL UNDERWRITE ONLY AS AN ACCOMMODATION

TYPE OF RISK

YES

POLICIES

CONTACT

MISCELLANEOUS LIABILITY RISKS

Umbrella Liability

[]

Excess Liability

[]

Small Storage Warehouses

[]

Containing Chemicals

and/or Pollutants

Owners' Protective Liability

[]

Block Associations

[]

Condominium Associations

[]

Cooperative Apartment

[]

Associations

Community Centers

[]

Senior Citizen Centers

[]

INSURER NAME

NOTE: FOR ALL "YES" RESPONSES INSERT THE FOLLOWING:

[X] YES, ACTIVELY PROVIDE A MARKET

[*] YES, SELECTIVELY

TYPE OF RISK

YES

POLICIES

CONTACT

Private Schools (including Athletic Participation)

[]

Car Rental Agencies

[]

Motor Truck Cargo

[]

Garage keepers Liability

[]

Garage keepers Liability - Classic Autos

[]

Rental Vehicles -

[]

Private Passenger Auto - Physical Damage

Home Health Care - incl. Errors and Omissions

[]

Home Health Care - excl. Errors and Omissions

[]

INSURER NAME

NOTE: FOR ALL "YES" RESPONSES INSERT THE FOLLOWING:

[X] YES, ACTIVELY PROVIDE A MARKET

[*] YES, SELECTIVELY

[+] YES, BUT WILL UNDERWRITE ONLY AS AN ACCOMMODATION

TYPE OF RISK

YES

POLICIES

CONTACT

Hansom Cabs (Horse and Carriage)

[]

Volunteer Fire Departments & Other Emergency Services

[]

Other -- Specify

[]

INSURER NAME

NOTE: FOR ALL "YES" RESPONSES INSERT THE FOLLOWING:

[x] YES, ACTIVELY PROVIDE A MARKET

[*] YES, BUT WILL UNDERWRITE ONLY AS AN ACCOMMODATION

[+] YES, BUT WILL UNDERWRITE ONLY AS AN ACCOMMODATION

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