Cancel For Any Reason (CFAR) benefits for New York State residents

[Jersey42]

Does anyone know for sure if New York residents can or cannot get CFAR benefits?  I have seen posts in a number of different Cruise Critic forums as well as other places without a consistent answer.  I don't need the coverage, but I was just speaking with a relative who lives in New York and she asked me what I knew.  If it is available, does anyone offer it - both cruise line and third parties? I have already seen two recent threads that indicate NCL offers it, but no one can seem to purchase it when they try.  Maybe @iamtrustworthy has some insights.

 

The best that I can tell, under New York law, CFAR benefits do not technically qualify as insurance because the cancellation of a trip “for any reason” does not depend on the occurrence of fortuitous event. However when COVID hit in 2020, New York State offered alternatives for providing CFAR benefits.  So my conclusion is it is not illegal, if insurers want to meet NY's requirements as partially outlined below.  If I am wrong, what am I missing? If I am correct, does anyone actually sell it?

 

Pursuant to New York Insurance Law § 1113, an insurer may sell CFAR benefits if it can demonstrate that the benefits are necessarily or properly incidental to the kinds of business that the insurer is authorized to write in New York. In addition, the insurer must make CFAR benefits generally available to consumers, without requiring the purchase of a standard insurance policy from the insurer. If CFAR benefits are sold to a consumer who is also purchasing a standard travel insurance policy, CFAR benefits must be reflected in a standalone contract that is separate from the insurance policy.

 

See: https://www.dfs.ny.gov/industry_guidance/circular_letters/cl2020_04  for the full letter.

Edited September 29, 2022 by Jersey42
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