Key Takeaways

  • New York commercial property insurance must comply with filed and approved rates
  • Commercial policies require specific disclosure of terrorism coverage options under TRIA
  • New York has specific requirements for inland marine and ocean marine coverage
  • Commercial properties may access NYPIUA when voluntary market coverage is unavailable
  • Business interruption and extra expense coverage have specific New York requirements
Last updated: January 2026

New York Commercial Property Insurance

New York regulates commercial property insurance with specific requirements for rates, disclosures, and coverage availability.

Rate Regulation

New York uses prior approval for most commercial property insurance:

Rate Filing Requirements

  • Rates filed with DFS before use
  • Must be approved before implementation
  • Not excessive, inadequate, or unfairly discriminatory
  • Based on actuarially justified loss experience

Commercial Rate Filings

LineRate Regulation
Commercial PropertyPrior approval
Commercial Multi-PerilPrior approval
Inland MarineFile and use (some classes)
Ocean MarineGenerally exempt
Boiler and MachineryPrior approval

Terrorism Insurance

TRIA (Terrorism Risk Insurance Act)

  • Federal program providing terrorism insurance backstop
  • New York insurers must offer terrorism coverage
  • Policyholder can accept or reject terrorism coverage
  • Disclosure of coverage terms required

Required Disclosures

  • Coverage limits for terrorism
  • Premium for terrorism coverage
  • Right to accept or reject
  • Exclusions and limitations
  • Federal backstop explanation

Commercial NYPIUA

NYPIUA also serves commercial properties:

Commercial Coverage

  • Basic fire and extended coverage
  • Building and business personal property
  • Higher limits available than residential
  • Requires evidence of voluntary market declination
  • All admitted insurers share in losses

Excess Lines Insurance

New York allows excess lines (surplus lines) insurance for risks not available in the admitted market:

Excess Lines Requirements

RequirementDetails
Diligent SearchMust document search of admitted market
Eligible Surplus Lines InsurerMust be on DFS approved list
Excess Lines BrokerMust use licensed EL broker
Excess Lines Tax3.6% of premium
DisclosureMust disclose EL status to insured

Exempt Commercial Purchasers

Large commercial buyers may be exempt from certain requirements:

  • Net worth exceeds $20 million, OR
  • Annual revenues exceed $50 million, OR
  • 500+ employees, OR
  • Sophisticated risk management

Business Interruption Insurance

New York has specific requirements for business interruption coverage:

Key Provisions

  • Must clearly define covered perils
  • Waiting/deductible period disclosed
  • Period of restoration defined
  • Extended period of indemnity options
  • Civil authority coverage requirements

Coverage Elements

ElementDescription
Net IncomeLost profits during restoration
Continuing ExpensesOngoing fixed costs
Extra ExpenseCosts to continue operations
Extended PeriodCoverage after physical restoration

Inland Marine Insurance

New York regulates inland marine insurance:

Filing Requirements

  • "Filed" classes require rate filing
  • "Non-filed" classes have more flexibility
  • Nation-wide definition of marine (NAIC)
  • Floater policies for movable property
Test Your Knowledge

What is the New York excess lines (surplus lines) tax rate?

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Test Your Knowledge

Under TRIA, must New York commercial property insurers offer terrorism coverage?

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