For a New York apartment building or hotel, the biggest insurance cost is usually not commercial property insurance against the weather. It is the Labor Law. Sections 240 and 241 make a property owner effectively absolutely liable for gravity related injuries to workers on the property, even where the worker was at fault, and no other state has anything like them. They make New York habitational and construction liability the most expensive in the country, and they turn routine roof, facade and window work into a liability event.
Property rates are more moderate and follow national trends. The property exposure itself splits by geography: downstate, coastal flood and hurricane govern, with Superstorm Sandy still the reference event; upstate and across the state, winter drives the losses, and water damage rather than wind is the leading commercial property claim in much of New York. This page covers how the Department of Financial Services regulates the market, how the excess line rules work, what the property exposure means for a building, and how we place senior living, apartment, hotel and car wash properties in the state.
Who regulates property insurance in New York
New York State Department of Financial Services
What New York regulation means for an owner at renewal
Two features of New York regulation shape what an owner experiences at renewal. The first is prior approval. Admitted carriers cannot simply reprice a book when their losses change, so admitted rates move more slowly here than in a file and use state. That is one reason an admitted renewal can come back with narrower appetite or new restrictions rather than a simple rate change. The second is form strictness. Admitted policy language is more standardized in New York than in many states, which makes admitted quotes easier to compare line by line and makes departures from the standard wording worth noticing.
The excess line market, the New York name for surplus lines, is where much hard to place habitational and hospitality property ends up, and the rules around it are enforced rather than recorded. Every placement has to be supported by a documented search of the admitted market, and a filing that cannot show one is a compliance problem for the placement itself. We keep that record on every New York excess line placement we make, so the policy an owner relies on is never exposed to a question about how it was placed.
In New York City, building compliance and insurance meet directly. Local Law 11 requires facade inspections on taller buildings, and those inspections lead to the scaffolding and exterior work that brings the Labor Law into play. An owner planning facade work under Local Law 11 is also planning a change in their liability exposure, and the two should be discussed together, ideally before the contractor is chosen, since the contractor's own insurance and the contract terms are the first line of protection.
What carriers underwrite for in New York
- Winter storm
- Freeze
- Coastal flood
- Hurricane
- Nor'easter
- Severe convective storm
Winter water, coastal surge and the Scaffold Law
Across most of the state, the property claim a carrier expects to pay is water. Freeze and burst pipe losses hit habitational and hospitality buildings every winter, ice damming damages older roofs, and snow load stresses wide span structures. Underwriters ask about plumbing age, heating reliability, whether the building is fully occupied through the winter and how sprinkler piping is protected in unheated spaces, because those answers predict the claim they are most likely to see. Upstate properties normally carry flat dollar deductibles, since the exposure is winter driven rather than tropical.
Downstate is a different underwriting file. In the five boroughs, on Long Island and along the coast, carriers apply percentage named storm deductibles, and storm surge is priced with Sandy in mind. Surge is flood, and flood sits outside the standard property form, so a coastal building needs a flood placement coordinated with the property program. The foundation of any of these programs is commercial property coverage, with business income protection sized for the time a flooded or frozen building actually takes to reopen.
The nor'easter is the storm that joins the two halves of the state. One system can push coastal water into downstate basements while it drops heavy snow and ice on roofs further north, and a portfolio with buildings in both places can take a flood loss and a freeze loss from the same event. Severe convective storm adds wind and hail in the warmer months. A schedule spread across New York should be reviewed with that in mind, since the deductible and the flood arrangements that suit a Long Island building rarely suit a Buffalo one.
The liability side is where New York needs the most care. Because the Labor Law applies to routine work such as roof repair and window replacement, not only to major construction, the moment a contractor's employee is working at height on your property your exposure changes. Many carriers decline the exposure or exclude Labor Law claims outright, so the wording of the general liability policy and of any umbrella coverage above it matters as much as the limits. Before a roof or facade project starts, we review the contractor's insurance, the contract terms and your own liability wording together.
The New York market right now
Admitted and surplus lines in New York
Insurance requirements when the loan is HUD, Fannie or Freddie
The four classes under New York conditions
Each class we place feels the Labor Law and the winter in its own way.
Senior living
HUD Section 232 facilities in New York operate under Department of Health licensing, and carriers reference that licensing when they underwrite professional liability alongside the property. Winter reliability matters more for a building whose residents cannot easily relocate during a heating failure. The class overall is on senior living insurance.
Apartments
Apartment owners carry the Labor Law exposure every time the building needs exterior work, and in the city that work is often required by Local Law 11. Agency financing is routine here, with one exception worth checking: downstate coastal properties carry percentage named storm deductibles, and those need to sit inside the loan limits described in the financing section above. For the class outside New York, see apartment insurance.
Hotels
A hotel combines the water damage exposure of a large occupied building with the income exposure of a business that stops earning when rooms go offline. It also shares the Labor Law question whenever renovation work begins. The national view of the class is on our hotel insurance page.
Car washes
For a car wash, winter is an operational exposure as much as a property one: freezing water in pumps, lines and tunnel equipment. Mechanical failure is a separate peril from the property form, so equipment breakdown coverage should be on the schedule. The class page is car wash insurance.
Where we place business in New York
- New York City
- Long Island
- Buffalo
- Rochester
- Albany
- Syracuse
- Westchester
What we need to quote a New York property
A New York submission has to answer the winter questions and the liability questions, so the file covers both.
- The current declarations page and every endorsement, including any Labor Law exclusion on the liability policy.
- A schedule of values with replacement cost by building.
- Plumbing age and material, heating system type and age, and how sprinkler piping is protected in unheated areas.
- Roof age and construction class by building.
- Five years of loss runs, with any freeze or water damage claims identified.
- Any planned roof, facade or renovation work, including Local Law 11 obligations, and the contractor's certificate of insurance.
Placing New York property and liability together
New York rewards owners who treat property and liability as one conversation. The building's water damage history drives the property price, and the owner's plans for the building drive the liability exposure, so we look at both before we go to market. It is the only way to avoid discovering a Labor Law exclusion after a contractor's employee has already been hurt.
We place commercial property and the liability that sits with it for senior living, apartment, hotel and car wash owners, working admitted and excess line markets with the documentation New York requires. You can read how a placement runs and why owners come to a specialist. For portfolios that cross state lines, see New Jersey commercial property, Connecticut property insurance, Pennsylvania property coverage and Massachusetts commercial property.
Send the current declarations pages for property and liability, and request a quote. We will tell you where the program is exposed as well as what it costs.
Alex Toler is not yet licensed in New York. For a New York property, he obtains a New York nonresident producer license before any coverage is placed.
Official New York sources
Primary sources for the rules and the flood, wind and wildfire data this page refers to.