Title ISC, Insurance

§ 2304. Rate making and supporting information. (a) In the making of\nrates, consideration shall be given to past and prospective loss\nexperience, including the conflagration and catastrophe hazards, if any,\nboth within and without this state, to all factors reasonably\nattrib…

§ 2305. Rates or rating plans; no prior approval; prior approval.\n* (a) Except as otherwise provided in subsection (b) hereof or section\ntwo thousand three hundred eight of this article, prior approval of\nrates, rating plans, rating rules and rate manuals by the superintenden…

§ 2306. Delegation of rate filing obligation. An insurer or group of\ninsurers may discharge the rate filing obligation required by\nsubsections (b) and (c) of section two thousand three hundred five of\nthis article by giving notice to the superintendent that it uses rates\nand…

§ 2307. Rating classifications or territories; policy forms. (a) No\ninsurer or rate service organization shall use a rating classification\nor territory unless it has been filed with the superintendent and either\nhe has approved it, or ninety days have elapsed and he has not\n…

* § 2308. Imposition of prior approval. (a) If the superintendent\ndetermines, after a hearing, at which representatives of consumers and\nother interested parties may participate, and on the basis of findings\nof fact and conclusions, that, with respect to any territory or to a…

§ 2309. Excess rate. Notwithstanding any other provisions of this\narticle, upon the written application of the insured, stating the\ninsured's reasons therefor, filed with and approved by the\nsuperintendent, a rate in excess of the rate provided by a filing\notherwise applicab…

§ 2310. Informational filings. * (a) Every insurer and rate service\norganization shall furnish to the superintendent, on or before the date\nof their use, all changes in the rating rules and schedules of rates\nwhich are not subject to prior approval pursuant to subsection (b) …

§ 2311. Suspension of filing requirement. (a) Under such rules and\nregulations as he shall adopt, the superintendent may, by order, suspend\nor modify the requirements of filing as to any kind of insurance,\nsubdivision or combination thereof, or as to classes of risks, the rat…

§ 2312. Immigration bond premium. (a) The premium for giving an\nimmigration bond or depositing money or property as immigration bail in\nany court having immigration jurisdiction or in any immigration action\nor proceeding shall not exceed ten per centum of the amount of such b…

§ 2313. Rate service organization; defined. (a) In this article, "rate\nservice organization" means a person or any other entity which makes or\nfiles rates as permitted by this article, or which assists insurers in\nrate making or filing by collecting, compiling and furnishing …

§ 2314. Charging of rates. No authorized insurer shall, and no\nlicensed insurance agent, no title insurance agent, no employee or other\nrepresentative of an authorized insurer, and no licensed insurance\nbroker shall knowingly, charge or demand a rate or receive a premium\ntha…

§ 2315. Recording and reporting of experience; statistical plans. (a)\nEvery authorized insurer shall annually file with the rate service\norganization of which it is a member or subscriber, or with such other\nagency as the superintendent may approve, a statistical report showi…

* § 2316. Prohibition of anti-competitive behavior. (a) (1) No insurer\nor rate service organization shall monopolize or attempt to monopolize,\nor combine or conspire with any other person or persons to monopolize,\nin any territory, the business of insurance or any kind, subdi…

§ 2317. Joint underwriting or joint reinsurance. (a) Every group,\nassociation or other organization of insurers which engages in joint\nunderwriting or joint reinsurance shall be subject to regulation with\nrespect thereto as herein provided, subject, however, with respect to\n…

§ 2318. Risk sharing plans. Agreements may be made among insurers with\nrespect to the equitable apportionment among them of insurance which may\nbe afforded applicants who are in good faith entitled to but are unable\nto procure such insurance through ordinary methods, and such…

§ 2319. Information to be furnished insureds; aggrieved person. (a)\nEvery insurer and rate service organization shall within a reasonable\ntime after receiving written request therefor, and upon payment of a\nreasonable charge, furnish to any insured affected by a rate made by …

* § 2320. Enforcement and penalties; where prior approval is not\nrequired. (a) The superintendent may as often as he deems it expedient\nexamine any insurer or rate service organization to ascertain whether\nits rating and underwriting practices are in accordance with law. Rate…

§ 2321. Enforcement and penalties; where prior approval is required.\n(a) Rate service organizations shall be subject to examination by the\nsuperintendent, as often as he may deem it expedient, pursuant to the\nprovisions of this chapter applicable to the examination of insurer…

§ 2322. Final determination; procedure on orders without hearing. (a)\nAfter a final determination against an insurer, the amount of any\novercharge received by such insurer during the pendency of the\nproceedings, with interest thereon, shall upon demand be refunded by the\nins…

* § 2323. Profitability and rates of return; where prior approval is\nnot required. (a) The superintendent shall by regulation establish a\nmethod for determining profitability, from whatever source profits are\nderived, and rates of return on net worth, assets and earned premiu…

§ 2324. Rebating and discrimination. (a) No authorized insurer, no\nlicensed insurance agent, no licensed insurance broker, and no employee\nor other representative of any such insurer, agent or broker shall make,\nprocure or negotiate any contract of insurance other than as pla…

§ 2325. Accounts and statistics. The superintendent shall have power,\nin his discretion, to prescribe by regulation, uniform classifications\nof accounts to be observed, and statistics to be reported by insurers\nand other organizations which are subject to the provisions of th…

* § 2326. Evaluation of competitive rating provisions. The\nsuperintendent shall continuously monitor the operation of the\nprovisions of this article which are applicable to the kinds of\ninsurance or insurance activities the rates for which, pursuant to\nsubsection (a) of sect…

§ 2327. Verification of driving history. No insurer who utilizes an\napplicant's New York state driving history as a rating or underwriting\nfactor for private passenger motor vehicle insurance in this state shall\nbind a policy of insurance, or process a percentage of the annua…

§ 2328. For hire motor vehicle insurance rates; flexible rating; prior\napproval. (a) An insurer shall submit to the superintendent, for the\nsuperintendent's prior approval, its rates, rating plans, rating rules,\nand rate manuals applicable to motor vehicle insurance, includin…

§ 2329. Motor vehicle insurance rates; excess profits. (a) Each\ninsurer issuing policies that are subject to article fifty-one of this\nchapter, including policies of motor vehicle personal injury liability\ninsurance or policies of motor vehicle property damage liability\ninsu…

§ 2330. No fault motor vehicle insurance rates; reflection of reduced\nexposure to loss. Where the principal operator of a motor vehicle or\nsuch operator's spouse is eligible for medicare benefits for items of\nbasic economic loss specified in paragraph one of subsection (a) of…

§ 2331. Motor vehicle comprehensive insurance rates; age, sex or\nmarital status. No filing of a rate, rating plan, rating rule or rate\nmanual applicable to insurance for loss of or damage to a motor vehicle\nother than by collision or upset, shall be approved by the\nsuperinte…

§ 2332. Non-commercial private passenger automobile insurance rates;\nexperienced and inexperienced principal operators. With respect to\nnon-commercial private passenger automobiles, no filing of a rate,\nrating plan, rating rule or rate manual applicable to motor vehicle\ncoll…

§ 2333. Non-commercial private passenger automobile insurance rates;\napportionment of expenses. With respect to non-commercial private\npassenger automobiles, no filing of a rate, rating plan, rating rule or\nrate manual applicable to insurance for loss of or damage to a motor\…

§ 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…

* § 2335. Motor vehicle liability insurance rates; prohibition of\nsurcharges for certain accidents and traffic infractions. No insurer\nauthorized to transact or transacting business in this state, or\ncontrolling or controlled by or under common control by or with an\ninsurer …

§ 2335-a. Prohibition of rate increases for persons involved in\nemergency use of vehicles. No insurer authorized to transact or\ntransacting business in this state, or controlling or controlled by or\nunder common control by or with an insurer authorized to transact or\ntransac…

§ 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…

§ 2336-a. Snowmobile liability insurance rates; premium reductions in\ncertain cases. Any schedule of rates or rating plan for snowmobile\nliability insurance submitted to the superintendent may provide for an\nactuarially appropriate reduction in premium charges for any insured…

§ 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…

§ 2337. Private passenger automobile physical damage insurance;\nstatistics on use of anti-theft devices and the maximum discount for all\nanti-theft devices. (a) In accordance with procedures prescribed by the\nsuperintendent pursuant to the provisions of subsection (a) of sect…

§ 2338. Appeal from rate service organization action. (a) This section\nshall apply only to kinds of insurance the rates for which are subject\nto prior approval pursuant to subsection (b) of section two thousand\nthree hundred five of this article.\n (b) Any member of or subscr…

§ 2339. Charging or receiving of rates; deviations. (a) This section\nshall apply only to kinds of insurance the rates for which are subject\nto prior approval pursuant to subsection (b) of section two thousand\nthree hundred five of this article.\n (b) No member of or subscribe…

§ 2340. Credit property insurance. (a) The superintendent may\npromulgate regulations covering the business of credit property\ninsurance.\n (b) "Credit property insurance" means insurance against loss of or\ndamage to personal property covering a creditor's security interest in…

* § 2341. Prohibition against the use of employment, education,\nhomeownership, and zip code for private passenger motor vehicle\ninsurance rates. (a) An insurer shall not use the following factors as\nthe sole basis for initial tier placement, tier movement, or the\nestablishme…

§ 2342. Expiration of certain provisions. The provisions of subsection\n(c) of section two thousand three hundred seven, section two thousand\nthree hundred eight, subsection (a) of section two thousand three\nhundred ten, sections two thousand three hundred sixteen, two thousan…

§ 2343. Medical malpractice insurance rates; special additional\nprovisions regarding such rates. (a) Whereas the provisions of a chapter\nof the laws of nineteen hundred eighty-five regarding medical and dental\nmalpractice will have both a prospective and retrospective effect …

* § 2344. Flexible rate limitations in problem markets. (a) As used in\nthis section:\n (1) "Market" means a line, subline or classification (other than a\nclassification delineated by geographic location) of property/casualty\ninsurance risks whose coverages are not subject to …

§ 2345. Disclosure of premium reductions and surcharges.\n (a) Every authorized insurer shall specify the nature of each premium\nreduction or surcharge applied on a non-commercial motor vehicle\ninsurance policy.\n (b) The insurer shall also specify the total dollar amount\natt…

§ 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…

§ 2346-a. Reduction in rates of certain commercial risk insurance\npremiums for real property. The superintendent shall provide for an\nactuarially appropriate reduction in the rates of premiums for certain\ncommercial risk insurance, as defined in subparagraph (A) of paragraph\…

§ 2347. Workers' compensation rate changes. (a) Any rate change\naffecting the general rate level for the kind of insurance authorized by\nparagraph fifteen of subsection (a) of section one thousand one hundred\nthirteen of this chapter and pursuant to the provisions of section …

§ 2348. Anti-theft and fraud savings. In the review and approval of\nrate filings submitted pursuant to section two thousand three hundred\ntwenty-eight or section two thousand three hundred fifty of this\narticle, the superintendent shall take steps appropriate to ensure that\n…

§ 2349. Multi-tier program. (a) An insurer may make available a\nmulti-tier program, with more than one rate level in the same company,\nfor private passenger motor vehicle insurance in the voluntary market,\nprovided that:\n (1) the program and the insurer's business plan encou…