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0 chapters · 1,072 sections in this title.
N.Y. Insurance Law § 2304 Rate making and supporting information
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§ 2304. Rate making and supporting information. (a) In the making of rates, consideration shall be given to past and prospective loss experience, including the conflagration and catastrophe hazards, if any, both within and without this state, to all factors reasonably attributab…
N.Y. Insurance Law § 2305 Rates or rating plans; no prior approval; prior approval
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§ 2305. Rates or rating plans; no prior approval; prior approval. * (a) Except as otherwise provided in subsection (b) hereof or section two thousand three hundred eight of this article, prior approval of rates, rating plans, rating rules and rate manuals by the superintendent s…
N.Y. Insurance Law § 2306 Delegation of rate filing obligation
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§ 2306. Delegation of rate filing obligation. An insurer or group of insurers may discharge the rate filing obligation required by subsections (b) and (c) of section two thousand three hundred five of this article by giving notice to the superintendent that it uses rates and rat…
N.Y. Insurance Law § 2307 Rating classifications or territories; policy forms
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§ 2307. Rating classifications or territories; policy forms. (a) No insurer or rate service organization shall use a rating classification or territory unless it has been filed with the superintendent and either he has approved it, or ninety days have elapsed and he has not disa…
N.Y. Insurance Law § 2308 Imposition of prior approval
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* § 2308. Imposition of prior approval. (a) If the superintendent determines, after a hearing, at which representatives of consumers and other interested parties may participate, and on the basis of findings of fact and conclusions, that, with respect to any territory or to any …
N.Y. Insurance Law § 2309 Excess rate
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§ 2309. Excess rate. Notwithstanding any other provisions of this article, upon the written application of the insured, stating the insured's reasons therefor, filed with and approved by the superintendent, a rate in excess of the rate provided by a filing otherwise applicable m…
N.Y. Insurance Law § 2310 Informational filings
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§ 2310. Informational filings. * (a) Every insurer and rate service organization shall furnish to the superintendent, on or before the date of their use, all changes in the rating rules and schedules of rates which are not subject to prior approval pursuant to subsection (b) of …
N.Y. Insurance Law § 2311 Suspension of filing requirement
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§ 2311. Suspension of filing requirement. (a) Under such rules and regulations as he shall adopt, the superintendent may, by order, suspend or modify the requirements of filing as to any kind of insurance, subdivision or combination thereof, or as to classes of risks, the rates …
N.Y. Insurance Law § 2312 Immigration bond premium
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§ 2312. Immigration bond premium. (a) The premium for giving an immigration bond or depositing money or property as immigration bail in any court having immigration jurisdiction or in any immigration action or proceeding shall not exceed ten per centum of the amount of such bond…
N.Y. Insurance Law § 2313 Rate service organization; defined
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§ 2313. Rate service organization; defined. (a) In this article, "rate service organization" means a person or any other entity which makes or files rates as permitted by this article, or which assists insurers in rate making or filing by collecting, compiling and furnishing los…
N.Y. Insurance Law § 2314 Charging of rates
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§ 2314. Charging of rates. No authorized insurer shall, and no licensed insurance agent, no title insurance agent, no employee or other representative of an authorized insurer, and no licensed insurance broker shall knowingly, charge or demand a rate or receive a premium that de…
N.Y. Insurance Law § 2315 Recording and reporting of experience; statistical plans
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§ 2315. Recording and reporting of experience; statistical plans. (a) Every authorized insurer shall annually file with the rate service organization of which it is a member or subscriber, or with such other agency as the superintendent may approve, a statistical report showing …
N.Y. Insurance Law § 2316 Prohibition of anti-competitive behavior
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* § 2316. Prohibition of anti-competitive behavior. (a) (1) No insurer or rate service organization shall monopolize or attempt to monopolize, or combine or conspire with any other person or persons to monopolize, in any territory, the business of insurance or any kind, subdivis…
N.Y. Insurance Law § 2317 Joint underwriting or joint reinsurance
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§ 2317. Joint underwriting or joint reinsurance. (a) Every group, association or other organization of insurers which engages in joint underwriting or joint reinsurance shall be subject to regulation with respect thereto as herein provided, subject, however, with respect to join…
N.Y. Insurance Law § 2318 Risk sharing plans
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§ 2318. Risk sharing plans. Agreements may be made among insurers with respect to the equitable apportionment among them of insurance which may be afforded applicants who are in good faith entitled to but are unable to procure such insurance through ordinary methods, and such in…
N.Y. Insurance Law § 2319 Information to be furnished insureds; aggrieved person
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§ 2319. Information to be furnished insureds; aggrieved person. (a) Every insurer and rate service organization shall within a reasonable time after receiving written request therefor, and upon payment of a reasonable charge, furnish to any insured affected by a rate made by it,…
N.Y. Insurance Law § 2320 Enforcement and penalties; where prior approval is not required
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* § 2320. Enforcement and penalties; where prior approval is not required. (a) The superintendent may as often as he deems it expedient examine any insurer or rate service organization to ascertain whether its rating and underwriting practices are in accordance with law. Rate se…
N.Y. Insurance Law § 2321 Enforcement and penalties; where prior approval is required
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§ 2321. Enforcement and penalties; where prior approval is required. (a) Rate service organizations shall be subject to examination by the superintendent, as often as he may deem it expedient, pursuant to the provisions of this chapter applicable to the examination of insurers. …
N.Y. Insurance Law § 2322 Final determination; procedure on orders without hearing
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§ 2322. Final determination; procedure on orders without hearing. (a) After a final determination against an insurer, the amount of any overcharge received by such insurer during the pendency of the proceedings, with interest thereon, shall upon demand be refunded by the insurer…
N.Y. Insurance Law § 2323 Profitability and rates of return; where prior approval is not required
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* § 2323. Profitability and rates of return; where prior approval is not required. (a) The superintendent shall by regulation establish a method for determining profitability, from whatever source profits are derived, and rates of return on net worth, assets and earned premiums,…
N.Y. Insurance Law § 2324 Rebating and discrimination
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§ 2324. Rebating and discrimination. (a) No authorized insurer, no licensed insurance agent, no licensed insurance broker, and no employee or other representative of any such insurer, agent or broker shall make, procure or negotiate any contract of insurance other than as plainl…
N.Y. Insurance Law § 2325 Accounts and statistics
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§ 2325. Accounts and statistics. The superintendent shall have power, in his discretion, to prescribe by regulation, uniform classifications of accounts to be observed, and statistics to be reported by insurers and other organizations which are subject to the provisions of this …
N.Y. Insurance Law § 2326 Evaluation of competitive rating provisions
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* § 2326. Evaluation of competitive rating provisions. The superintendent shall continuously monitor the operation of the provisions of this article which are applicable to the kinds of insurance or insurance activities the rates for which, pursuant to subsection (a) of section …
N.Y. Insurance Law § 2327 Verification of driving history
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§ 2327. Verification of driving history. No insurer who utilizes an applicant's New York state driving history as a rating or underwriting factor for private passenger motor vehicle insurance in this state shall bind a policy of insurance, or process a percentage of the annual p…
N.Y. Insurance Law § 2328 For hire motor vehicle insurance rates; flexible rating; prior approval
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§ 2328. For hire motor vehicle insurance rates; flexible rating; prior approval. (a) An insurer shall submit to the superintendent, for the superintendent's prior approval, its rates, rating plans, rating rules, and rate manuals applicable to motor vehicle insurance, including n…
N.Y. Insurance Law § 2329 Motor vehicle insurance rates; excess profits
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§ 2329. Motor vehicle insurance rates; excess profits. (a) Each insurer issuing policies that are subject to article fifty-one of this chapter, including policies of motor vehicle personal injury liability insurance or policies of motor vehicle property damage liability insuranc…
N.Y. Insurance Law § 2330 No fault motor vehicle insurance rates; reflection of reduced exposure to loss
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§ 2330. No fault motor vehicle insurance rates; reflection of reduced exposure to loss. Where the principal operator of a motor vehicle or such operator's spouse is eligible for medicare benefits for items of basic economic loss specified in paragraph one of subsection (a) of se…
N.Y. Insurance Law § 2331 Motor vehicle comprehensive insurance rates; age, sex or marital status
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§ 2331. Motor vehicle comprehensive insurance rates; age, sex or marital status. No filing of a rate, rating plan, rating rule or rate manual applicable to insurance for loss of or damage to a motor vehicle other than by collision or upset, shall be approved by the superintenden…
N.Y. Insurance Law § 2332 Non-commercial private passenger automobile insurance rates; experienced and inexperienced principal operators
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§ 2332. Non-commercial private passenger automobile insurance rates; experienced and inexperienced principal operators. With respect to non-commercial private passenger automobiles, no filing of a rate, rating plan, rating rule or rate manual applicable to motor vehicle collisio…
N.Y. Insurance Law § 2333 Non-commercial private passenger automobile insurance rates; apportionment of expenses
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§ 2333. Non-commercial private passenger automobile insurance rates; apportionment of expenses. With respect to non-commercial private passenger automobiles, no filing of a rate, rating plan, rating rule or rate manual applicable to insurance for loss of or damage to a motor veh…
N.Y. Insurance Law § 2334 Non-commercial private passenger automobile insurance rates; merit rating plans
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§ 2334. Non-commercial private passenger automobile insurance rates;\nmerit rating plans. (a) The superintendent shall, after public hearing,\npromulgate a regulation, which may be amended from time to time,\napplicable to non-commercial private passenger automobile insurance\nm…
N.Y. Insurance Law § 2335 Motor vehicle liability insurance rates; prohibition of surcharges for certain accidents and traffic infractions
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* § 2335. Motor vehicle liability insurance rates; prohibition of surcharges for certain accidents and traffic infractions. No insurer authorized to transact or transacting business in this state, or controlling or controlled by or under common control by or with an insurer auth…
N.Y. Insurance Law § 2335-A Prohibition of rate increases for persons involved in emergency use of vehicles
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§ 2335-a. Prohibition of rate increases for persons involved in emergency use of vehicles. No insurer authorized to transact or transacting business in this state, or controlling or controlled by or under common control by or with an insurer authorized to transact or transacting…
N.Y. Insurance Law § 2336 Motor vehicle liability, comprehensive and collision insurance rates; premium reductions in certain cases
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§ 2336. Motor vehicle liability, comprehensive and collision insurance\nrates; premium reductions in certain cases. * (a) (1) Any schedule of\nrates or rating plan for motor vehicle liability and collision insurance\nsubmitted to the superintendent shall provide for an actuarial…
N.Y. Insurance Law § 2336-A Snowmobile liability insurance rates; premium reductions in certain cases
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§ 2336-a. Snowmobile liability insurance rates; premium reductions in certain cases. Any schedule of rates or rating plan for snowmobile liability insurance submitted to the superintendent may provide for an actuarially appropriate reduction in premium charges for any insured wh…
N.Y. Insurance Law § 2336-B Boat liability insurance rates; premium reductions in certain cases
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§ 2336-b. Boat liability insurance rates; premium reductions in\ncertain cases. (a) Any schedule of rates or rating plan for boat\nliability insurance submitted to the superintendent shall provide for an\nappropriate reduction in premium charges, as described in section\nseventy…
N.Y. Insurance Law § 2337 Private passenger automobile physical damage insurance; statistics on use of anti-theft devices and the maximum discount for all anti-the...
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§ 2337. Private passenger automobile physical damage insurance; statistics on use of anti-theft devices and the maximum discount for all anti-theft devices. (a) In accordance with procedures prescribed by the superintendent pursuant to the provisions of subsection (a) of section…
N.Y. Insurance Law § 2338 Appeal from rate service organization action
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§ 2338. Appeal from rate service organization action. (a) This section shall apply only to kinds of insurance the rates for which are subject to prior approval pursuant to subsection (b) of section two thousand three hundred five of this article. (b) Any member of or subscriber …
N.Y. Insurance Law § 2339 Charging or receiving of rates; deviations
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§ 2339. Charging or receiving of rates; deviations. (a) This section shall apply only to kinds of insurance the rates for which are subject to prior approval pursuant to subsection (b) of section two thousand three hundred five of this article. (b) No member of or subscriber to …
N.Y. Insurance Law § 2340 Credit property insurance
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§ 2340. Credit property insurance. (a) The superintendent may promulgate regulations covering the business of credit property insurance. (b) "Credit property insurance" means insurance against loss of or damage to personal property covering a creditor's security interest in such…
N.Y. Insurance Law § 2341 Prohibition against the use of employment, education, homeownership, and zip code for private passenger motor vehicle insurance rates
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* § 2341. Prohibition against the use of employment, education, homeownership, and zip code for private passenger motor vehicle insurance rates. (a) An insurer shall not use the following factors as the sole basis for initial tier placement, tier movement, or the establishment o…
N.Y. Insurance Law § 2342 Expiration of certain provisions
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§ 2342. Expiration of certain provisions. The provisions of subsection (c) of section two thousand three hundred seven, section two thousand three hundred eight, subsection (a) of section two thousand three hundred ten, sections two thousand three hundred sixteen, two thousand t…
N.Y. Insurance Law § 2343 Medical malpractice insurance rates; special additional provisions regarding such rates
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§ 2343. Medical malpractice insurance rates; special additional provisions regarding such rates. (a) Whereas the provisions of a chapter of the laws of nineteen hundred eighty-five regarding medical and dental malpractice will have both a prospective and retrospective effect upo…
N.Y. Insurance Law § 2344 Flexible rate limitations in problem markets
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* § 2344. Flexible rate limitations in problem markets. (a) As used in this section: (1) "Market" means a line, subline or classification (other than a classification delineated by geographic location) of property/casualty insurance risks whose coverages are not subject to subse…
N.Y. Insurance Law § 2345 Disclosure of premium reductions and surcharges
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§ 2345. Disclosure of premium reductions and surcharges. (a) Every authorized insurer shall specify the nature of each premium reduction or surcharge applied on a non-commercial motor vehicle insurance policy. (b) The insurer shall also specify the total dollar amount attributab…
N.Y. Insurance Law § 2346 Reduction in rates of fire insurance, homeowners insurance or property/casualty premiums for residential property
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§ 2346. Reduction in rates of fire insurance, homeowners insurance or\nproperty/casualty premiums for residential property. 1. The\nsuperintendent may provide for a reduction in the rates of fire\ninsurance premiums or the fire insurance component of homeowners\ninsurance premiu…
N.Y. Insurance Law § 2346-A Reduction in rates of certain commercial risk insurance premiums for real property
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§ 2346-a. Reduction in rates of certain commercial risk insurance premiums for real property. The superintendent shall provide for an actuarially appropriate reduction in the rates of premiums for certain commercial risk insurance, as defined in subparagraph (A) of paragraph for…
N.Y. Insurance Law § 2347 Workers' compensation rate changes
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§ 2347. Workers' compensation rate changes. (a) Any rate change affecting the general rate level for the kind of insurance authorized by paragraph fifteen of subsection (a) of section one thousand one hundred thirteen of this chapter and pursuant to the provisions of section two…
N.Y. Insurance Law § 2348 Anti-theft and fraud savings
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§ 2348. Anti-theft and fraud savings. In the review and approval of rate filings submitted pursuant to section two thousand three hundred twenty-eight or section two thousand three hundred fifty of this article, the superintendent shall take steps appropriate to ensure that the …
N.Y. Insurance Law § 2349 Multi-tier program
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§ 2349. Multi-tier program. (a) An insurer may make available a multi-tier program, with more than one rate level in the same company, for private passenger motor vehicle insurance in the voluntary market, provided that: (1) the program and the insurer's business plan encourage …