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Lawmakers weigh restrictions on insurers' use of aerial imagery and nonrenewal rules
Summary
Representatives and consumer advocates urged legislation (H.1242) requiring insurers to disclose dated aerial photos, risk factors and a cure period before nonrenewal; insurers warned changes could conflict with existing law and regulatory guidance.
Representative Laboeuf (Rep. LeBoeuf) testified in support of H.1242, which would require insurers to provide homeowners with date-stamped aerial images taken within 12 months if the insurer intends to rely on those images in a nonrenewal, to disclose the risk factors that led to the decision, and to provide an appeals process and at least 60 days for the homeowner to remedy cited issues. "Right now, that trust is being tested," Rep. LeBoeuf said, describing instances where homeowners received nonrenewal notices based on aerial imagery they had not seen and where solar panels had been misidentified as roof damage.
Consumer advocates including Amy Bach of United Policyholders supported the approach as a way to add transparency and prevent erroneous nonrenewals that push homeowners into less stable markets. "This bill does not prevent insurers from using the tool," Bach said; it requires transparency, a cure period and a predictable appeal.
Insurer groups — including Christopher Stark (Massachusetts Insurance Federation) and Patrick Treiber (APCIA) — stressed the Division of Insurance has issued guidance (an aerial imagery bulletin) and warned standalone statutory changes could create conflicts with existing notice and cancellation frameworks. Treiber noted that insurers rely on aerial imagery as a safety and underwriting tool and that changes to timelines could create legal and operational complexity.
Regulatory context and national work: Rep. LeBoeuf said the National Conference of Insurance Legislators (NCOIL) is considering a model act similar to the bill; she told the committee NCOIL planned a final vote on the model in late September. The Division of Insurance has issued at least one bulletin on aerial imagery; Rep. LeBoeuf said there is a second bulletin currently issued.
Next steps: Committee members asked for information on the existing Division of Insurance bulletins, the NCOIL model language, and statutory notice timelines to avoid conflicts. No committee action was taken at the hearing.
