Title 24, Insurance

§431:1-103 Headings. The meaning or scope of any provision is not affected by any heading. [L 1987, c 347, pt of §2]

§431:1-104 Particular provisions prevail. Provisions of this code relating to a particular class of insurance or a particular type of insurer or to a particular matter prevail over provisions relating to insurance in general or insurers in general or to such matter in general. [L…

§431:1-105 Records, statements and reports. (a) All records, statements and reports required or authorized by this code shall be made in writing in the English language. (b) All statements, estimates, percentages, payments, and calculations required or authorized by this code sha…

PART II. GENERAL DEFINITIONS §431:1-201 Insurance defined. (a) Insurance is a contract whereby one undertakes to indemnify another or pay a specified amount upon determinable contingencies. (b) The following contracts are not considered to be insurance for the purposes of this co…

§431:1-202 Insurer defined. Insurer means every person engaged in the business of making contracts of insurance and includes reciprocal or interinsurance exchanges. [L 1987, c 347, pt of §2]

§431:1-203 Classes of insurance. For the purposes of this code, the classes of insurance are: life insurance (including industrial and group life insurance) as defined in section 431:1-204; accident and health or sickness insurance, also referred to as disability insurance (inclu…

§431:1-204 Life insurance defined. (a) Life insurance is insurance on human lives and insurance appertaining thereto or connected therewith. (b) For the purposes of this code, the transacting of life insurance includes contracting to provide additional benefits in the event of de…

§431:1-205 Accident and health or sickness insurance defined. Accident and health or sickness insurance, also referred to as disability insurance, is insurance against bodily injury, disablement, or death by accident, or accidental means, or the expense thereof; against disableme…

§431:1-206 Property insurance defined. Property insurance is insurance against loss of or damage to real or personal property of every kind and any interest therein, from any or all hazard or cause and against loss consequential upon such loss of or damage. An inclusion within ot…

§431:1-207 Marine and transportation insurance defined. Marine and transportation insurance is: (1) Insurance against any and all kinds of loss of or damage to: (A) Vessels, craft, aircraft, cars, automobiles, and vehicles of every kind, as well as all goods, freights, cargoes, m…

§431:1-208 Vehicle insurance defined. (a) Vehicle insurance is insurance against loss of or damage to any land vehicle or aircraft or any draft or riding animal or to property while contained therein or thereon or being loaded or unloaded therein or therefrom, and against any los…

§431:1-209 General casualty insurance defined. General casualty insurance includes vehicle insurance as defined in section 431:1-208, and accident and health or sickness insurance as defined in section 431:1-205 when issued as an incidental coverage with or supplemental to liabil…

§431:1-210 Surety insurance defined. Surety insurance includes: (1) Bail bond insurance, which is a guarantee that any person, in or in connection with any proceedings in any court, will: (A) Attend in court when required, or (B) Will obey the orders of judgment of the court, as …

§431:1-211 Ocean marine insurance defined. Ocean marine insurance (although not a class of insurance as named in section 431:1-203), whenever the term is used in this code, means insurance: (1) Upon vessels, crafts, hulls, and of interests therein, or with relation thereto; (2) O…

§431:1-212 Person defined. Person means any individual, company, insurer, association, organization, group, reciprocal or interinsurance exchanges, partnership, business, trust, or corporation. [L 1987, c 347, pt of §2]

§431:1-213 State defined. State means any state of the United States and the governments of Puerto Rico, American Samoa, Guam, the Northern Mariana Islands, the United States Virgin Islands, and the District of Columbia. [L 1987, c 347, pt of §2; am L 1997, c 233, §2; am L 2011, …

§431:1-214 United States defined. United States, when used to signify a place, means the states of the United States and the governments of Puerto Rico, American Samoa, Guam, the Northern Mariana Islands, the United States Virgin Islands, and the District of Columbia. [L 1987, c …

§431:1-215 Transaction of an insurance business. Transaction of an insurance business means any of the following acts in this State effected by mail or otherwise by or on behalf of an insurer. The venue of an act committed by mail is at the point where the matter transmitted by m…

§431:1-216 General business practice. General business practice means an established measure or model practiced or used at least three times in one calendar year in the general business community. [L 1987, c 349, §1]

[§431:1-217] Insurance policies issued to construction professionals. (a) For purposes of a liability insurance policy that covers occurrences of damage or injury during the policy period and that insures a construction professional for liability arising from construction-related…

ARTICLE 10 INSURANCE CONTRACTS GENERALLY PART I. READABILITY OF INSURANCE CONTRACTS §431:10-101 Scope; effective dates. This part shall apply to all contracts filed after June 30, 1983. No contract shall be delivered or issued for delivery in this State after June 30, 1984, unles…

§431:10-102 Definitions. As used in this part: "Contract" means any policy of life, accident and health or sickness, credit life, credit disability, homeowners, and motor vehicle insurance covering personally owned or personally leased private passenger motor vehicles prepared fo…

§431:10-103 Exemptions of certain contracts. The provisions of this part shall not apply to: (1) Any contract which is a security subject to federal jurisdiction; (2) Any group contract covering a group of one thousand or more lives at date of issue, other than a group credit lif…

§431:10-104 General readability requirements. In addition to any other requirements of law, no contract shall be delivered or issued for delivery in this State unless: (1) The text is in plain language and achieves a minimum score of forty on the Flesch reading ease test or an eq…

§431:10-105 Required reading test; authorization and availability. (a) Every insurer shall use the Flesch reading ease test to determine the readability of any contract. Whenever the commissioner determines that the Flesch reading ease test is inappropriate for the purposes of de…

§431:10-106 Flesch reading ease test; procedures. (a) Whenever the Flesch reading ease test is used, its reading score shall be computed as follows: (1) The number of words and sentences in the text shall be counted and the total number of words divided by the total number of sen…

§431:10-107 Filing of certificate. (a) Every insurer shall file with the commissioner a certificate signed by an officer of the insurer stating that the contract meets the minimum Flesch reading ease score required in section 431:10-104(1). (b) Whenever the score is lower than th…

§431:10-108 Flesch reading ease score; lower score authorized; when. The commissioner may authorize a score lower than the minimum Flesch reading ease score required in section 431:10-104(1) when the commissioner determines that the lower score: (1) Will provide a more accurate i…

[§431:10-109] Disclosure of health care coverage and benefits. In order to ensure that all individuals understand their health care options and are able to make informed decisions, all insurers shall provide current and prospective insureds with written disclosure of coverages an…

PART II. GENERAL RULES §431:10-201 Scope. The provisions of this part shall apply to all classes or lines of insurance except: (1) Ocean marine insurance as defined in section 431:1-211, (2) Surplus line insurance, as defined in section [431:8-102], and (3) Life insurance, or acc…

§431:10-202 Definitions. For purposes of this part: "Insurable interest" includes only interests as follows: (1) In the case of individuals related closely by blood or by law, a substantial interest engendered by love and affection. (2) In the case of other persons, a lawful and …

§431:10-203 Power to contract. (a) Any person of competent legal capacity may contract for insurance. (b) A minor of the age of fifteen years or more, as determined by the nearest birthday, shall be deemed to be competent to: (1) Contract for any form of life insurance or acciden…

§431:10-204 Insurable interest required; personal insurances. (a) Any individual of competent legal capacity may procure or effect an insurance contract upon the individual's own life or body for the benefit of any person. (b) No person shall procure or cause to be procured any i…

§431:10-205 Interest of the insured. When the name of a person intended to be insured is specified in the policy, the insurance can be applied only to the person's own proper interest. This section shall not apply to life insurance or accident and health or sickness insurance. [L…

§431:10-206 Application for insurance: consent of insured required. No life insurance or accident and health or sickness insurance contract upon an individual shall be made or effectuated unless at the time of the making of the contract the individual insured, being of competent …

§431:10-207 Alteration of application. (a) Any written application for insurance which is attached to and made a part of the insurance contract shall be altered solely by the applicant or with the applicant's written consent, except that insertions may be made by the insurer for …

§431:10-208 Limitations on use of application as evidence. (a) No application for the issuance of any life insurance contract shall be admissible in evidence in any action relative to such contract, unless a true copy of the application was attached to or made a part of the polic…

§431:10-209 Warranties, misrepresentations in applications. All statements or descriptions in any application for an insurance policy or in negotiations therefor, by or on behalf of the insured, shall be deemed to be representations and not warranties. A misrepresentation shall n…

§431:10-210 Standard form fire insurance policy. (a) The standard form fire insurance policy as authorized and in effect in the State of New York on December 31, 1943, or its approved equivalent, is established as the standard form fire insurance policy for this State, and no fir…

§431:10-211 Content of policies in general. (a) A policy shall specify: (1) The names of the parties to the contract. The insurer's name shall be clearly shown in the policy; (2) The subject of the insurance; (3) The risks insured against and the amount of insurance; (4) The time…

[§431:10-211.3] Commercial general liability extended reporting requirements. Any policy for commercial general liability coverage wherein the insurer shall offer and the insured may elect to purchase an extended reporting period for claims arising during the expiring policy peri…

[§431:10-211.5] Premium waiver provisions; restrictions. (a) Whenever an insurance policy contains a provision or a rider for the waiver of premiums in the event of the total disability of the named insured, the waiver of premiums shall be applicable throughout the period of tota…

§431:10-212 Contract limitations for handicapped children and children with intellectual disabilities. Every individual life insurance policy, every group life insurance policy, and every hospital or medical expense insurance policy, delivered or issued for delivery in this State…

§431:10-214 Right to return policy. (a) There shall be printed on or attached to every individual life insurance policy and every individual accident and health or sickness insurance policy issued for delivery in this State a notice in ten-point bold type stating in substance tha…

§431:10-215 Readjustment of premiums; dividends. (a) Any contract of group disability insurance or group life insurance may provide for the readjustment of the rate of premium based on experience at the end of the first year or of any subsequent year of insurance, and such readju…

§431:10-216 Additional contents. A policy may contain additional provisions, which are not inconsistent with this part, and which are: (1) Required to be inserted by the laws of the insurer's state of domicile; or (2) Appropriate or necessary to state the rights and obligations o…