Title ISC, Insurance

* § 2350. Flexible rating for nonbusiness automobile insurance\npolicies. (a) Except as provided in subsection (b) of this section,\noverall average (for all coverages combined) rate level increases or\ndecreases of five percent above or below the insurer's rates in effect\nmay …

§ 2351. Homeowners' insurance policies. (a) For the purposes of this\nsection, "homeowners insurance" means a contract of insurance insuring\nagainst the contingencies described in subparagraphs (A), (B) and (C),\nor (B) and (C) of paragraph two of subsection (a) of section thre…

§ 2352. Multiple rating programs. (a) Subject to the superintendent's\nprior approval, an insurer may establish more than one rating program\nwithin the same company for policies of insurance that are subject to\nsection three thousand four hundred twenty-five or section three\n…

§ 2353. For-hire motor vehicle safety program; reduction in rates of\ncertain commercial risk insurance premiums for motor vehicles. (a) For\nthe purposes of this section, an association shall mean an association\nwhere all the eligible members of the association have the same\n…

§ 2356. Premium change explanations. (a) An insurer shall include a\nnotice accompanying the premium bill that includes the amount of the\npremium increase from the prior policy period and a written explanation\nfor the premium increase, including the primary rating factors caus…

§ 2401. Purpose. The purpose of this article is to regulate trade\npractices in the business of insurance, including the business of life\nsettlements, in accordance with the intent of congress as expressed in\nPublic Law 15, 79th Congress, by defining, or providing for the\ndet…

§ 2402. Definitions. In this article: (a) "Person" means any\nindividual and any legal entity subject to any provision of this\nchapter, engaged in the business of insurance in this state, including\nany reciprocal exchange or Lloyds insurer, or in the business of life\nsettleme…

§ 2403. Unfair methods of competition or unfair and deceptive acts or\npractices prohibited. No person shall engage in this state in any trade\npractice constituting a defined violation or a determined violation as\ndefined herein.\n

§ 2404. Power of superintendent. The superintendent is empowered to\nexamine and investigate into the affairs of any person in order to\ndetermine whether the person has violated or is violating section two\nthousand four hundred three of this article. In the event any person\nd…

§ 2405. Hearings and reports on defined violations and determined\nviolations. (a) Whenever the superintendent has reason to believe that a\nperson has committed or is committing a defined violation or has been\nengaged in or is engaging in any method of competition, or any act …

§ 2406. Procedure after report; defined violation. (a) If the hearing\nwas on a charge of a defined violation the superintendent shall make an\norder on his report and serve a copy of the findings and order upon the\nperson charged with the violation and any intervenor. If the\n…

§ 2407. Procedure after report; determined violation. (a) If the\nreport charges a determined violation and if the method of competition,\nact or practice constituting such determined violation has not been\ndiscontinued, the superintendent may, through the attorney general, at\…

§ 2408. Judicial review by intervenor. If the report of the\nsuperintendent made pursuant to subsection (c) of section two thousand\nfour hundred five of this article or the order of the superintendent\nmade pursuant to subsection (a) of section two thousand four hundred six\nof…

§ 2409. Effect on other powers and laws. (a) The powers vested in the\nsuperintendent by this article shall be additional to any other powers\nto enforce any penalties, fines or forfeitures authorized by law with\nrespect to the methods, acts and practices defined in section two…

* § 2502. Designation of particular insurer, agent or broker in\nproperty financing transactions and other unfair practices. (a)(1) No\nperson, firm, or corporation engaged in the business of financing the\npurchase of real or personal property, lending money on the security\nth…

§ 2503. Designation of particular insurer, agent, broker or fund for\ninsurance provided to discharge statutory requirement. No person, firm\nor corporation who or which shall be the primary beneficiary of\ninsurance provided in discharge of any statutory requirement of this\nst…

§ 2504. Designation of particular insurer, agent or broker for\ninsurance in certain public construction contracts. (a) (1) No officer\nor employee of this state, or of any public corporation as defined in\nsection sixty-six of the general construction law, or of any public\naut…

§ 2505. Designation of particular insurer, agent or broker for\nconstruction contracts generally. (a) In any building or construction\ncontract bid, negotiated or executed except as described in section two\nthousand five hundred four of this article, no contractor or\nsubcontra…

§ 2601. Unfair claim settlement practices; penalties. (a) No insurer\ndoing business in this state shall engage in unfair claim settlement\npractices. Any of the following acts by an insurer, if committed without\njust cause and performed with such frequency as to indicate a gen…

§ 2602. Rebates on life insurance; witnesses' immunity. (a) No person\nshall knowingly receive any rebate or allowance or deduction from any\npremium, or any valuable thing, special favor or advantage whatever not\nspecified in the policy, as an inducement to take any policy of …

§ 2603. Issue or circulation of false literature. No insurance\ncorporation, or any officer, director or agent thereof, shall issue or\ncirculate, or cause or permit to be issued or circulated, in this state\nany illustration, circular or statement indicating the corporation can…

§ 2604. False statements as to insurers. No person shall either (i)\nwilfully make, circulate or transmit to another any statement written,\nprinted or by word of mouth, which is untrue in fact and is directly or\nby inference derogatory to the financial condition, or affects th…

§ 2605. Penalty for violating workers' compensation law. The\nsuperintendent may impose a penalty not to exceed twenty-five hundred\ndollars upon any insurer required to be licensed under the provisions of\nthis chapter, if, after notice to and a hearing of such insurer, he\nfin…

§ 2606. Discrimination because of race, color, creed, national origin,\nor disability. (a) Except as provided in section one thousand one\nhundred eight of this chapter, no individual or entity subject to the\nsupervision of the superintendent shall because of race, color, creed…

§ 2607. Discrimination because of sex or marital status. (a) No\nindividual or entity shall refuse to issue any policy of insurance, or\ncancel or decline to renew the policy because of the sex or marital\nstatus of the applicant or policyholder or engage in sexual\nstereotyping…

§ 2608. Discrimination because of treatment for a mental disability.\n(a) No individual or entity shall refuse to issue or renew, or shall\ncancel any policy of insurance because of any past treatment for a\nmental disability of the insured.\n (b) The prohibition of subsection (…

§ 2608-a. Discrimination in enrollment against certain children. (a)\nNo employer, health insurer, group health plan, health maintenance\norganization, or other entity offering medical benefits whether by\ninsurance or otherwise, including an employee retirement income security\…

§ 2609. Discrimination in the issuance of performance or surety bonds.\nNo person, firm or corporation engaged in the business of issuing\nperformance or surety bonds shall refuse to issue such a bond to any\nperson, firm or corporation, solely because of the race, creed, color,…

§ 2610. Collision or comprehensive coverage on motor vehicles; claims;\nrepairs. (a) Whenever a motor vehicle collision or comprehensive loss\nshall have been suffered by an insured, no insurer providing collision\nor comprehensive coverage therefor shall require that repairs be…

§ 2610-a. Rental vehicle reimbursement coverage. (a) For the purposes\nof this section, "rental vehicle reimbursement coverage" shall mean\ncoverage for the cost of renting a vehicle used as substitute\ntransportation if the insured vehicle is damaged and is temporarily out\nof …

§ 2611. HIV written informed consent. (a) No insurer or its designee\nshall request or require an individual proposed for insurance coverage\nto be the subject of an HIV related test without receiving the written\ninformed consent of such individual prior to such testing and wit…

§ 2612. Discrimination based on being a victim of domestic violence.\n(a) No individual, insurer or entity subject to the supervision of the\nsuperintendent shall solely because a person is or has been a victim of\ndomestic violence:\n (1) refuse to issue or renew, deny or cance…

§ 2613. Eligibility for life and disability insurance for persons with\na history of any type of cancer. (a) Unless its action is based upon\nsound actuarial principles or is related to actual or reasonably\nanticipated experience, no insurer shall refuse to issue any policy of\…

§ 2614. Discrimination because of past lawful travel. No insurer or\nentity authorized to offer the kinds of insurance specified in paragraph\none, two or three of subsection (a) of section one thousand one hundred\nthirteen of this chapter, nor any agent, officer or employee of…

§ 2615. Genetic testing written informed consent. (a) No authorized\ninsurer or person acting on behalf of an authorized insurer shall\nrequest or require an individual proposed for insurance coverage to be\nthe subject of a genetic test without receiving the written informed\nc…

§ 2616. Discrimination because of status as a living organ or tissue\ndonor. (a) No insurer or entity authorized to do the kinds of business\nspecified in paragraph one or three of subsection (a) of section one\nthousand one hundred thirteen of this chapter shall decline to prov…

§ 2617. Unfair discrimination for the use of prescriptions to block\nthe effects of opioids. No insurer or entity authorized to issue the\nkinds of insurance specified in paragraphs one or two of subsection (a)\nof section one thousand one hundred thirteen of this chapter shall\…

§ 2618. Standards for prompt investigation and settlement of claims.\n(a) (1) For the purpose of this section, "natural disaster" means the\noccurrence of widespread catastrophic or severe damage, injury, or loss\nof life or property resulting from any natural cause, including f…

§ 2701. Definitions. For the purpose of this article:\n (a) "Holocaust victim" shall mean any person, claimant, or the\nestate, heir, legatee, descendant, survivor, beneficiary, or other such\nsuccessor-in-interest of such person, who lost his or her life or\nproperty as a resul…

§ 2702. Holocaust claims assistance. The superintendent shall arrange\nfor a toll-free telephone number available in English as well as other\nappropriate languages, to assist any person seeking to recover proceeds\nfrom an insurance policy issued to or covering the life or prop…

§ 2703. Insurer claims handling. (a) Notwithstanding any inconsistent\nprovision of this chapter, any insurer organized, registered, licensed\nor accredited to do an insurance business in this state, in receipt of a\nclaim against it arising from an occurrence during the period …

§ 2704. Rights of action. (a) Notwithstanding any law or agreement\namong the parties to an insurance policy to the contrary, any action\narising from an occurrence during the period between January first,\nnineteen hundred twenty-nine and December thirty-first, nineteen hundred…

§ 2705. Reports from insurers. (a) Every insurer organized,\nregistered, accredited or licensed to do an insurance business in this\nstate shall file or shall cause its holding company to file with the\nsuperintendent, within one hundred and twenty days of the effective date\nof…

§ 2707. Penalty. In addition to any other penalty prescribed by this\narticle or any other provision of this chapter, any insurer or person\nwho violates the provisions of this article will be subject to a civil\npenalty of up to one thousand dollars for each day each such viola…

§ 2708. Application of section four thousand two hundred twenty-four.\nAn insurer shall not be considered in violation of section four thousand\ntwo hundred twenty-four of this chapter for complying with the\nprovisions of this article.\n

§ 2709. Substantial compliance. (a) An insurer which, pursuant to the\nlaws of another jurisdiction is required (or whose holding company is\nrequired) to report, certify or otherwise disclose information\nsubstantially equivalent to that required by section two thousand seven\n…

§ 2710. Rules and regulations. The superintendent, by regulation,\nshall provide for the implementation of the provisions of this article\nand for facilitating, monitoring and verifying compliance with this\narticle.\n

§ 2711. Severability. If any word, clause, sentence, paragraph,\nsubdivision, section or part of this article shall be adjudged by any\ncourt of competent jurisdiction to be invalid, such judgment shall not\naffect, impair, or invalidate the remainder thereof, but shall be\nconf…

§ 2801. Definitions. For the purposes of this article, the following\nterms shall have the following meanings:\n (a) "Adverse action" shall mean a denial or cancellation of, an\nincrease in any charge for, or a reduction or other adverse or\nunfavorable change in the terms of co…

§ 2802. Use of credit information. An insurer doing business in this\nstate that uses credit information to underwrite or rate risks for\npersonal lines insurance, shall not:\n (a) use an insurance score that is calculated using income, gender,\naddress, zip code, ethnic group, …