NOTE: WITHDRAWN EFFECTIVE FEBRUARY 22, 2008
Circular Letter No. 7 (2007)
April 16, 2007
|TO:||All authorized life insurers, retirement systems, and fraternal benefit societies|
|RE:||Disaster Planning, Preparedness and Response|
STATUTORY REFERENCE: Sections 301, 305, and 308; and Articles 42, 45, and 46 of the New York Insurance Law
This circular letter replaces and repeals Circular Letter No. 4 (2006). Authorized life insurers, retirement systems and fraternal benefit societies hereafter referred to as "life companies" in this circular letter and its attachments. Disaster planning, preparedness, and response for health insurers and property/casualty insurance industries are covered by separate circular letters.
A. History & Background Circular Letter No. 11 (2001)
On May 10, 2001, the Department issued Circular Letter No. 11 (2001) (CL 11(2001)) to all property/casualty insurers licensed to do business in New York State. CL 11 (2001) established the New York State Insurance Disaster Coalition (Insurance Disaster Coalition), a public/private partnership created to identify and organize specific Insurance Department and insurance industry resources to serve victims of natural disasters and other state emergencies. In addition, the circular letter provided for the creation of the Insurance Emergency Operations Center (IEOC), to be staffed by selected insurance industry disaster liaisons and representatives of the Insurance Department in order to coordinate disaster response.
Moreover, as part of the disaster response, CL 11 (2001) and its two supplements:
Required submission of an annual "Pre-disaster" report detailing property exposure information in the state on a county-by-county basis;
Directed companies to name "Insurance Company Disaster Liaisons" and provide such contact information to the Department;
Developed a Disaster Response Questionnaire, and asked property/casualty insurers to submit copies of their Disaster Response Plans to the Department;
Created a method by which insurers could obtain "Insurance Adjuster Temporary Permits"; and
Provided a mechanism for post-disaster reporting of claims data.
Circular Letter No. 7 (2004) (CL 7 (2004))
brought the life and health insurance industries within the disaster response program
established in CL 11 (2001). The purpose of this circular letter is to continue and update
the disaster response program for the life insurance industry.
B. Organization of this Circular Letter
The following table is provided to enable all licensees to better understand what is required of them by this circular letter.
History & Background Circular Letter No. 11 (2001)
Organization of this Circular Letter
The New York State Insurance Disaster Coalition and Insurance Emergency Operations Center (IEOC)
Before a Disaster Strikes
Disaster Response Plan and Questionnaire
Business Continuity Plan Questionnaire
Operations During a Disaster
Insurance Company Disaster Liaisons
After a Disaster
Post Disaster Coverage Data and Loss Statistics
Questions concerning any
aspect of this circular letter should be directed to Senior Insurance Examiner Ashbert
Carrington of the Disaster Preparedness and Response Bureau, by phone at (212) 480-5340,
by e-mail to [email protected],
or by mail to State of New York Insurance Department, Disaster Preparedness and Response
Bureau, 25 Beaver Street, New York, NY 10004.
C. The New York State Insurance Disaster Coalition and Insurance Emergency Operations Center (IEOC)
When an emergency or disaster situation occurs, the Insurance Department provides the Governor and the State Emergency Management Office (SEMO) with critical information regarding the amount and extent of property losses, as well as other damage assessments. Based on this information, the Governor determines whether and when to request a federal disaster declaration, and how to prioritize the deployment of state assets.
The insurance community, including the property, life and health sectors, has been identified as a key resource in providing early assessments of damages arising from natural or man-made disasters. Insurers play an important role in quantifying the magnitude of losses - insured and uninsured - and in determining both the degree and duration of insurer response to losses. Accordingly, all entities to which this circular letter is directed are expected to assist the Insurance Department in obtaining necessary information before, during, and after disasters strike.
An integral part of the Insurance Disaster Coalition response to any disaster is the Insurance Emergency Operations Center (IEOC), which will be staffed by selected insurance industry disaster liaisons and representatives of the Insurance Department in order to coordinate disaster response.
The Insurance Emergency Operations Center
will be activated upon direction of the Superintendent of Insurance, in accordance with
the nature and extent of the event. Where possible, this determination will be made in
conjunction with the Departments disaster coalition partners.
1) Disaster Response Plan and Questionnaire
Each addressee of this letter should incorporate the New York State Insurance Disaster Coalition procedures into its own disaster response plan. Since the New York State Insurance Disaster Coalition procedures and the Insurance Emergency Operations Center continue to be integral parts of the industrys response to any disaster in New York State, the completion of the electronic template and the submission of each insurers disaster response plan are necessary to maintain the effectiveness and accuracy of information used by the Disaster Coalition in the event of a future disaster.
a) Disaster Response Plan
The disaster response plan should describe how each addressee intends to provide its policyholders with the resources needed to recover from a disaster. To this end, a disaster response plan should at a minimum detail what preparations the entity has made, where applicable, with respect to the following:
- Board of Director support for an "Emergency Preparedness Plan";
- Appropriate emergency response training of company personnel;
- Plans for suitable expansion of claims
handling capacity in a variety of disaster scenarios, including provisions to cover:
- adequate personnel;
- catastrophe response team availability;
- access to disaster areas and personnel identification; and
- applications for temporary adjuster permits;
- Testing of the Disaster Response Plan; and
- Incorporation of the role of insurance company disaster liaisons, and their interaction with the New York State Department of Insurance.
Please note that more detailed guidance on creating a Disaster Response Plan is provided in the attached appendix.
Entities may provide their completed disaster response plans to the Department either electronically (as an e-mail attachment), by compact disc or diskette, or by hard copy (if no electronic means are available).
By June 1, 2007, and each June 1st thereafter, any Disaster Response Plan submitted to the Insurance Department should be updated as necessary. If no update is necessary to a previously submitted Plan, an e-mail setting forth the company name(s), NAIC number(s), and NAIC Group number should be submitted to the Insurance Department Disaster Plans electronic mailbox at:
Any United States mail should be addressed to:
State of New York Insurance Department
Disaster Preparedness and Response Bureau
DRP Unit, 5th Floor
25 Beaver Street
New York, NY 10004.
b) Disaster Response Plan Questionnaire
The Disaster Response Plan Questionnaire electronic template is not to be used in lieu of an addressees own disaster response plan. Rather, the requested information is to be included as part of each entitys own plan.
The Disaster Response Plan Questionnaire electronic template and instructions for its completion and submission can be found on the Insurance Department website at:
On June 1, 2007, and each June 1st thereafter, the Disaster Response Questionnaire electronic template should be submitted to the Insurance Department. If none of the information previously submitted to the Department has changed, the date field should be updated and the previous electronic template(s) may be resubmitted.
By completing the Disaster Response Plan Questionnaire, each entity will be providing the Departments Disaster Preparedness and Response Bureau with the name of the designated disaster liaison(s), along with that persons telephone and cell phone number(s) (for both business and after business hours), email address, and/or pager number, if applicable. Any change in contact information should be reported immediately to the Insurance Department by submitting an updated Disaster Response Plan Questionnaire.
2) Business Continuity Plan Questionnaire
To assure the Insurance Department that each addressee has taken steps to put in place a Business Continuity Plan that would reasonably ensure that the recovery of critical business processes could take place in the event of a disaster, each addressee is required to complete the Business Continuity Plan Questionnaire electronic template and attest to the accuracy of the answers provided.
The Business Continuity Plan Questionnaire electronic template and instructions for its completion and submission can be found on the Insurance Department website at:
On June 1, 2007, and each June 1st thereafter, the Business Continuity Plan Questionnaire electronic template should be submitted to the Insurance Department.
Please note that four additional
questions dealing with the testing and maintenance of the Business Continuity Plan have
been added to the questionnaire. Therefore, each addressee must submit to the Department
the "new" updated form found at the address listed above.
E. Operations During a Disaster
Insurance Company Disaster Liaisons
Upon the Insurance Departments activation of its Insurance Emergency Operations Center (IEOC), the Superintendent may activate designated insurance company disaster liaisons representing several of the largest underwriters in the emergency or disaster areas. Participating companies will be determined based on the previously described Pre-Disaster Reports. Disaster liaisons will be contacted based upon information submitted in the Disaster Response Plan Questionnaire.
Subsequently, disaster liaisons should be prepared to participate in the States Disaster Response Plan as follows:
- A teleconference of the selected disaster liaisons will be held, where possible, following the occurrence of a disaster and prior to the activation of the Departments IEOC to discuss the magnitude of the disaster and the scope of activation plans.
- Upon activation of the IEOC, disaster liaisons or their designees will be expected to staff the IEOC at either of its two locations: One Commerce Plaza, Albany, NY; or 25 Beaver Street, New York, NY.
- The Insurance Department will provide a fully-equipped IEOC for use by disaster liaisons at either of the aforementioned locations. Included are analog data and voice telephone lines, along with videoconferencing links to the SEMO emergency operations center.
- The Insurance Department will continue to coordinate communications among company and association contacts through ongoing teleconference calls to: plan staffing of the IEOC for the actual or threatening (as in the case of hurricanes) emergency; individually discuss with each insurers liaison the companys catastrophe operations; individually review each insurers response plans; and discuss catastrophe operations and emerging issues.
- Disaster liaisons may be expected to remain on duty at the IEOC as determined by the Superintendent of Insurance acting in consultation with coalition partners.
Liaison Duties and Responsibilities
Insurance company disaster liaisons should:
- Have a qualified back up. Both persons preferably should be members of the entitys catastrophe team, or manager-level employees, who are familiar with company protocols and have access to critical information.
- Provide coverage data and loss statistics as requested by the Insurance Department.
- Transmit information about the disaster from the insurance industry to emergency response officials and other industry representatives.
- Be authorized and knowledgeable about company internal information systems and sources, and authorized to access such systems so that applicable, timely information can be provided to SEMO/New York City Office of Emergency Management, and other emergency responders via the Insurance Department.
- Be prepared to remain on duty during the
hours when the IEOC is operating, normally from 7:00 a.m. to 6:00 p.m., or for such time
periods as necessary to assist with the effective management of the disaster. Depending on
the level of the disaster, this may be a seven-day-week commitment.
Post Disaster Coverage Data and Loss Statistics
Depending on the type of emergency encountered, in the ensuing days after a disaster, disaster liaisons will be required to provide to the Department specific statistics about insured losses. These statistics will be periodically updated on an as-needed basis, but not less than monthly.
Reports will be consolidated by Insurance
Department staff for submission to SEMO and the Governors office only.
All of the above reports and statistics are to be compiled and summarized by Insurance Department personnel for internal Insurance Department use. Reports submitted to SEMO and the Governor will be on an aggregate basis, with no individual company information identified in those reports.
At the time of submission, an insurer should request an exception from disclosure under Section 89(5) of the Public Officers Law (commonly known as the Freedom of Information Law, or FOIL) for any information or reports that it submits to the Insurance Department that it believes are trade secrets or commercial information that, if disclosed, would cause substantial injury to its competitive position.
In the event that a request is received by the Insurance Department for the release of information pursuant to FOIL and the insurer requested an exception from disclosure upon submission, the insurer will be notified and given the opportunity to respond to the Insurance Department in accordance with FOIL and Regulation 71 (11 NYCRR 241.6).
Insurance industry representatives of the New York State Insurance Disaster Coalition are requested to provide the Insurance Department with Internet links to not-for-profit websites that are beneficial to the public before, during, and after a disaster.
Your cooperation in furnishing timely and accurate responses is essential to the success of the New York State Insurance Disaster Coalition and is appreciated by the Insurance Department and the people of New York State.
Very truly yours,
Eric R. Dinallo
Acting Superintendent of Insurance
Additional Guidance on Formulating/Maintaining a Disaster Response Plan
(As noted earlier, the term "life companies" as used in this document refers to all authorized life insurers, retirement systems and fraternal benefit societies.)
If your Disaster Response Plan provides answers to the following questions, it will generally have met the Disaster Preparedness and Response Bureaus best practices standards for a "Life Companys" Disaster Response Plan (Plan).
Your Plan should describe how you intend to provide your policyholders, certificateholders, claimants and beneficiaries (herein "customers"), with the assistance they will need to maintain coverage, seek assistance from the company, file claims, and obtain loans and other policyholder services in a disaster situation that affects customers.
The Department recognizes that the size, lines of business, corporate structure and location of life companies operations in New York varies greatly, as does their particular need for and capacity to implement Plans. Therefore, this Appendix describes, "best practices", some of which may be appropriate only to certain companies, but which all companies should evaluate as they construct and assess their Plans. The Department will evaluate the Plan of each "life company" on its own merits, using Circular Letter No. 4 (2006) and this Appendix as a guide.
The Department fully expects each "life company" to perform a risk-based analysis of its capacity to serve its customers in the event that a disaster affects large numbers of its customers. The Department expects each company to establish, maintain and update a Plan that responds to the risk-based analysis performed as required above. If a company already has a Plan or Plans, it should be prepared to explain the elements of its Plan in terms of the risks perceived by the company and how the Plan responds to those risks.
The Department is aware that certain of its "life companies" are wholly owned subsidiaries of other "life companies" or are members of groups composed of other than "life companies". This tier of companies may be included in the Plan of the parent company. In such cases, the subsidiary should be prepared to demonstrate to the Department that
1) the parents Plan specifically provides for the needs of the subsidiary and its customers,
2) the parents Plan has specific application to the subsidiary in the case where only the subsidiary is affected by a disaster, and
3) the parents Plan provides for the continued operation and service to customers of the subsidiary in the event that the operations of the parent, and not the subsidiary, are affected by a disaster.
If the parents Plan does not cover the subsidiary, or if in the Departments judgment the parents Plan, as applied to the subsidiary, is inadequate, the subsidiary is required to develop and implement its own Plan in compliance with Circular Letter No. 4 (2006).
In addition, smaller companies located in one geographic area of the state may find it cost effective to pool their resources in establishing shared Plan facilities, such as communications equipment, and alternate worksites. The Department encourages this kind of innovative and cooperative approach, and such an approach would be acceptable provided that:
1) the separate management and operational conduct of each company is maintained,
2) no confidential customer, policyholder or claimant financial or health information is disclosed to another party without appropriate consent, and
3) the security of all company information is separately protected, in compliance with Regulations 152, 169 and 173.
Sharing of administrative or processing systems is not contemplated by this paragraph.
Circular Letter No. 4 (2006) applies to all authorized "life companies" that sell or administer: individual or group life insurance, individual or group annuities, long term care insurance, or individual or group disability income insurance. Circular Letter No. 23 (2005). applies to companies selling medical or health care insurance policies only. Companies that sell both life and medical/health care insurance should respond to the questions in the relevant portions of the Appendix to Circular Letter No. 23 regarding medical insurance and this Appendix with regard to life insurance and related products. Companies selling both life and medical/health care insurance are encouraged to contact the Department if they have questions on how to prepare or report on their combined or separate Plans.
ELEMENTS OF DISASTER RESPONSE PLANS
The elements of a Plan are contained in the answers to the following questions in this, Appendix which is attached to and which is a part of Circular Letter No. 4 (2006). The Department expects each company to establish and maintain a Plan that considers and is responsive to all of these elements, subject to the qualifications described in this Appendix with regard to "best practices" and the distinctions that can be made for certain subsidiaries and smaller companies.
1. What is the company/groups license status (domestic, foreign etc.)?
2. Does the company/group share or participate with an affiliate, parent company or another companys disaster response Plan?
3. What is the company/groups most recent premium volume? (See Exhibit 1, line 20.1, Col 1total direct premiums and annuity considerationsof the Companys Annual Statement.)
4. Where is the companys main administrative office location?
5. Where are the companys administrative offices which handle the following claims, requests and payments for New York residents located? (Please specify county and state of office and specify individual or group, where applicable)
a. death claims;
b. cash value surrenders/withdrawals;
c. policy loans;
d. changes to annuity payouts or separate account transfers;
e. other policy or contract changes;
f. premium payments
6. What types of products are sold or administered by the company/group?
1. Does the Company have a Plan?
2. Is it a written Plan?
3. Has the Plan been reviewed and approved by:
a) Senior Management?
b) Board of Directors or a committee thereof?
4. Has a resolution been adopted by the Board of Directors, or a committee thereof, attesting to the approval of the Plan?
5. Has Management identified additional, or alternative, dedicated resources that may be needed during a disaster? (For example, telephones, server capacity and staff.)
6. Is there a person/titled position or positions designated and charged with responsibility for formulating, activating and coordinating the conduct of the Plan?
7. Is there a person/titled position named as being responsible for monitoring and testing the Plan?
8. Is there a person/titled position named as being responsible for terminating the activation of the Plan following a disaster?
1. Does the company/group have a methodology for identifying a disaster, and the levels thereof, that require activation of all or parts of the Plan?
2. Are there guidelines that help to determine the need for activation of one or more parts of the Plan?
3. Has the company/group formed a disaster response team?
4. Are the responsibilities of the disaster response team members defined in order to establish areas of responsibility and reporting authority?
5. Does the Plan provide for training of staff in order to prepare them in their responsibilities in the case of varying levels of disasters that activate various parts of the Plan?
Policyholder and Claimant (Customer) Services:
1. Does the Plan explain what steps the company has taken to ensure timely responses to customers for such requests as:
a. death claims;
b. lost policy or contract;
c. cash value surrenders/withdrawals;
d. policy loans;
e. changes to annuity payouts or separate account transfers;
f. extended grace periods for payment of premiums;
g. temporary or permanent changes of contact information;
h. access to an agent or policyholder representative?
2. Has Management provided for additional or alternative claims and policyholder service handling capacity and procedures (system or personnel) that might be needed during the activation of the Plan?
3. If the company/group uses a Third Party Administrator (TPA), Managing General Administrator (MGA), etc. for claims processing; has that TPA, MGA, etc. made plans to provide for additional or alternative claims and policyholder service handling capacity and procedures (system or personnel) that might be needed during the activation of the Plan?
1. Does the Plan explain what steps will be taken to notify, in a timely manner, its customers of any procedural changes?
2. Does the Plan describe how your company communicates with, and responds to, employees of a group located in state, when the employer is out of state during a disaster (for example, the employer is in New Orleans, and the employee is in NY)?
3. Does the Plan describe how your company communicates with, and responds to, employees of a group located out of state, when the employer is in state during a disaster (for example, the employee in New Jersey, and the employer is in NY)?
1. Does the Plan explain what steps will be taken to notify, in a timely manner, the companys producers of any procedural changes made in response to a disaster?
2. Does the Plan provide for alternative communication links with producers affected by the disaster?
3. Does the Plan provide for alternative facilities/equipment for producers (who are normally supplied with facilities and equipment by the company) who are affected by the disaster?
4. Does the Plan provide for backup record keeping systems for producers (whose records are normally maintained by the company) who are affected by the disaster?
1. Does the Plan include any additional procedures for detecting fraud in the event that normal antifraud programs are unavailable or impaired by the disaster?
2. Does the Plan include specific additional procedures to detect and prevent fraud that may be attempted as a result of the disaster?
3. Does the Plan include procedures for reporting fraudulent activity to the appropriate regulatory authorities?
Testing of Plan:
1. Has the Plan been tested?
2. Does the Plan indicate how often the Plan will be tested?
3. Did the testing include the use of an alternate site for information technology (IT) systems?