™Your Policy Risk Impact Agent
0 chapters · 1,072 sections in this title.
N.Y. Insurance Law § 2803 Dispute resolution and error correction
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§ 2803. Dispute resolution and error correction. If it is determined\nthrough the dispute resolution process set forth in the federal Fair\nCredit Reporting Act, 15 USC 1681i(a)(5), that the credit information of\na current insured was incorrect or incomplete and if the insurer\…
N.Y. Insurance Law § 2804 Initial notification
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§ 2804. Initial notification. An insurer writing personal lines insurance which uses credit information in underwriting or rating a consumer, shall disclose such fact to the consumer. The insurer shall provide the disclosure required under this section to any insured on new and …
N.Y. Insurance Law § 2805 Adverse action notification
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§ 2805. Adverse action notification. If an insurer takes an adverse action based upon credit information, the insurer shall: (a) provide notification to the consumer that an adverse action has been taken, in accordance with the requirements of the federal Fair Credit Reporting A…
N.Y. Insurance Law § 2806 Filing
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§ 2806. Filing. (a) Insurers that use insurance scores to underwrite and rate risks must file their scoring models (or other scoring processes) with the superintendent. Any subsequent revision to the scoring models will require the insurer to file a summary of the revision with …
N.Y. Insurance Law § 2807 Sale of information by consumer reporting agency
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§ 2807. Sale of information by consumer reporting agency. (a) No consumer reporting agency shall provide or sell data or lists that include any information that in whole or in part was submitted in conjunction with an insurance inquiry about a consumer's credit information or a …
N.Y. Insurance Law § 2808 Indemnification
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§ 2808. Indemnification. An insurer shall indemnify, defend and hold agents harmless from and against all liability, fees and costs arising out of or relating to the actions, errors or omissions of the agent resulting from obtaining or using credit information and/or insurance s…
N.Y. Insurance Law § 2809 Severability
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§ 2809. Severability. If any section, paragraph, sentence, clause, phrase, or any part of this article is declared invalid due to an interpretation of or a future change in the federal Fair Credit Reporting Act or is adjudged by any court of competent jurisdiction to be invalid,…
N.Y. Insurance Law § 2901 Definitions
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§ 2901. Definitions. For purposes of this article: (a) "Controlling person" is any person or other entity who or which directly or indirectly has the power to direct or cause to be directed the management, control or activities of a pharmacy benefit manager. (b) The terms "cover…
N.Y. Insurance Law § 2902 Acting without a registration
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§ 2902. Acting without a registration. (a) No person, firm, association, corporation or other entity may act as a pharmacy benefit manager on or after June first, two thousand twenty-two and prior to January first, two thousand twenty-four, without having a valid registration as…
N.Y. Insurance Law § 2903 Registration requirements for pharmacy benefit managers
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§ 2903. Registration requirements for pharmacy benefit managers. (a) Every pharmacy benefit manager that performs pharmacy benefit management services on or after June first, two thousand twenty-two and prior to January first, two thousand twenty-four shall register with the sup…
N.Y. Insurance Law § 2904 Reporting requirements for pharmacy benefit managers
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§ 2904. Reporting requirements for pharmacy benefit managers. (a) (1) (i) On or before July first of each year, every pharmacy benefit manager shall report to the superintendent, in a statement subscribed and affirmed as true under penalties of perjury, the information requested…
N.Y. Insurance Law § 2905 Acting without a license
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§ 2905. Acting without a license. (a) No person, firm, association, corporation or other entity may act as a pharmacy benefit manager on or after January first, two thousand twenty-four without having authority to do so by virtue of a license issued in force pursuant to the prov…
N.Y. Insurance Law § 2906 Licensing of a pharmacy benefit manager
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§ 2906. Licensing of a pharmacy benefit manager. (a) The superintendent may issue a pharmacy benefit manager's license to any person, firm, association or corporation who or that has complied with the requirements of this article, including regulations promulgated by the superin…
N.Y. Insurance Law § 2907 Revocation or suspension of a registration or license of a pharmacy benefit manager
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§ 2907. Revocation or suspension of a registration or license of a pharmacy benefit manager. (a) The superintendent may revoke, or may suspend for a period the superintendent determines the registration or license of any pharmacy benefit manager if, after notice and hearing, the…
N.Y. Insurance Law § 2908 Penalties for violations
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§ 2908. Penalties for violations. (a) The superintendent, in addition to any other power conferred by law, may in any one proceeding by order, require the registrant or licensee who violates the provisions of this article or section two hundred eighty-a of the public health law,…
N.Y. Insurance Law § 2909 Stay or suspension of superintendent's determination
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§ 2909. Stay or suspension of superintendent's determination. The commencement of a proceeding under article seventy-eight of the civil practice law and rules, to review the action of the superintendent in suspending or revoking or refusing to renew any certificate under this ar…
N.Y. Insurance Law § 2910 Revoked registrations or licenses
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§ 2910. Revoked registrations or licenses. (a)(1) No person, firm, association, corporation or other entity subject to the provisions of this article whose registration or license under this article has been revoked, or whose registration or license to engage in the business of …
N.Y. Insurance Law § 2911 Additional obligations
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§ 2911. Additional obligations. (a) A pharmacy benefit manager shall assist a health plan in answering any inquiry made under section three hundred eight of this chapter. (b) No pharmacy benefit manager shall violate any provisions of the public health law applicable to pharmacy…
N.Y. Insurance Law § 2912 Change of address
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§ 2912. Change of address. A registrant or licensee under this article shall inform the superintendent by a means acceptable to the superintendent of a change of address within thirty days of the change.
N.Y. Insurance Law § 2913 Applicability of other laws
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§ 2913. Applicability of other laws. Nothing in this article shall be construed to exempt a pharmacy benefit manager from complying with the provisions of articles twenty-one and forty-nine of this chapter and articles forty-four and forty-nine and section two hundred eighty-a o…
N.Y. Insurance Law § 2914 Assessments
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§ 2914. Assessments. Notwithstanding section two hundred six of the financial services law, pharmacy benefit managers that file a registration with the department or are licensed by the department shall be assessed by the superintendent for the operating expenses of the departme…
N.Y. Insurance Law § 301 Regulations by superintendent
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§ 301. Regulations by superintendent. The superintendent shall have the power to prescribe and from time to time withdraw or amend, in writing, regulations, not inconsistent with the provisions of this chapter: (a) governing the duties assigned to the members of the staff of the…
N.Y. Insurance Law § 302 Supervisory colleges
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§ 302. Supervisory colleges. (a) The superintendent may participate in a supervisory college in order to determine compliance with this chapter with respect to an insurer that is registered under article fifteen, sixteen, or seventeen of this chapter and has international operat…
N.Y. Insurance Law § 306 Immunity from prosecution
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§ 306. Immunity from prosecution. (a) At any hearing conducted pursuant to this chapter or in any cause or proceeding instituted by the superintendent pursuant to this chapter, the superintendent, or his deputy or other officer conducting the hearing, cause or proceeding may con…
N.Y. Insurance Law § 307 Annual statements; audited financial statements
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§ 307. Annual statements; audited financial statements. (a) (1) Every insurer and every fraternal benefit society that is authorized to do an insurance business in this state, and every pension fund, retirement system or state fund that is required, by any law of this state, to …
N.Y. Insurance Law § 308 Special reports
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§ 308. Special reports. (a) (1) The superintendent may also address to any health maintenance organization, life settlement provider, life settlement intermediary or its officers, or any authorized insurer or rate service organization, or officers thereof, any inquiry in relatio…
N.Y. Insurance Law § 309 Examinations of insurers; when authorized or required
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§ 309. Examinations of insurers; when authorized or required. (a) The superintendent may make an examination into the affairs of any insurance corporation or other insurer doing or authorized to do any insurance business in this state or, of any pension fund, retirement system o…
N.Y. Insurance Law § 310 Examinations; how conducted
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§ 310. Examinations; how conducted. (a) (1) Whenever pursuant to any provision of this chapter, the superintendent shall determine to examine the affairs of any insurer or other person, he shall make an order indicating the scope of the examination and may appoint as examiners o…
N.Y. Insurance Law § 3101 Simplified comprehensive policies of insurance
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§ 3101. Simplified comprehensive policies of insurance. Simplified policies of insurance providing broad coverage of all or various combinations of risks may be approved by the superintendent and issued by insurers notwithstanding any provision of this chapter, and notwithstandi…
N.Y. Insurance Law § 3102 Requirements for the use of readable and understandable insurance policies
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§ 3102. Requirements for the use of readable and understandable\ninsurance policies. (a) Definitions. In this section "insurance policy"\nmeans any:\n (1) form subject to approval under either section three thousand two\nhundred one or four thousand three hundred eight of this c…
N.Y. Insurance Law § 3103 Non-conforming contracts
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§ 3103. Non-conforming contracts. (a) Except as otherwise specifically provided in this chapter, any policy of insurance or contract of annuity delivered or issued for delivery in this state in violation of any of the provisions of this chapter shall be valid and binding upon th…
N.Y. Insurance Law § 3104 Contract provisions required by laws of other jurisdictions
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§ 3104. Contract provisions required by laws of other jurisdictions. (a) Any foreign or alien insurer authorized to do business in this state may, with the approval of the superintendent, include in any life, accident and health insurance policy or contract of annuity delivered …
N.Y. Insurance Law § 3105 Representations by the insured
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§ 3105. Representations by the insured. (a) A representation is a statement as to past or present fact, made to the insurer by, or by the authority of, the applicant for insurance or the prospective insured, at or before the making of the insurance contract as an inducement to t…
N.Y. Insurance Law § 3106 Warranty defined; effect of breach
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§ 3106. Warranty defined; effect of breach. (a) In this section "warranty" means any provision of an insurance contract which has the effect of requiring, as a condition precedent of the taking effect of such contract or as a condition precedent of the insurer's liability thereu…
N.Y. Insurance Law § 3107 Sale of insurance policies by vending machine
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§ 3107. Sale of insurance policies by vending machine. (a) Any provision in a policy of accident insurance, requiring the signature of the insured, where such insurance is sold by a vending machine, shall be inoperative and of no effect, unless a notice shall have been placed up…
N.Y. Insurance Law § 3108 Reinsurance contracts excepted
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§ 3108. Reinsurance contracts excepted. The provisions of this article shall not apply to contracts of reinsurance, except as otherwise provided by law.
N.Y. Insurance Law § 3109 False statements in applications for membership in fraternal benefit societies
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§ 3109. False statements in applications for membership in fraternal benefit societies. No applicant, officer, solicitor, examining physician, surgeon or other person shall knowingly or wilfully make any false or fraudulent statements or representations in or with reference to a…
N.Y. Insurance Law § 311 Filing of report on examination
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§ 311. Filing of report on examination. (a) Except as hereinafter provided the superintendent may withhold from public inspection for such time as he deems proper any report on examination made pursuant to section three hundred ten of this article. (b) (1) Before adopting any su…
N.Y. Insurance Law § 3110 Withdrawal of any policy form
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§ 3110. Withdrawal of any policy form. (a) Whenever by the provisions of this chapter the superintendent is authorized to give approval of any form of insurance policy or contract, the superintendent may, after notice and hearing given to the insurer that submitted such form for…
N.Y. Insurance Law § 3111 Special provisions relating to senior citizens
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§ 3111. Special provisions relating to senior citizens. (a) Every insurer that has in force any policy of insurance subject to the provisions of section three thousand four hundred twenty-five of this chapter shall permit senior citizen insureds to designate a third party to who…
N.Y. Insurance Law § 3112 Automatic bank withdrawal agreements; notification required
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§ 3112. Automatic bank withdrawal agreements; notification required. Any insurer licensed to issue insurance in the state who has an automatic bank withdrawal agreement with an insured for the payment of insurance premiums for any type of insurance shall give the insured at leas…
N.Y. Insurance Law § 3113 Consent of and notification of an irrevocable beneficiary under a court order of divorce or separation
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§ 3113. Consent of and notification of an irrevocable beneficiary under a court order of divorce or separation. In any case where a policy owner has, pursuant to an order of separation or divorce, designated his or her spouse or children as the irrevocable beneficiary of a polic…
N.Y. Insurance Law § 312 Report on examination to be forwarded
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§ 312. Report on examination to be forwarded. (a) The superintendent shall forward to every insurer or other person examined a copy of the report on examination as filed for public inspection, together with any recommendations or statements relating thereto which he may deem pro…
N.Y. Insurance Law § 314 Public retirement and pension systems
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§ 314. Public retirement and pension systems. (a) In this section, "system" means an actuarily funded public retirement or pension system of the state of New York or of a municipality thereof. (b) Notwithstanding any other provision of law to the contrary, the superintendent sha…
N.Y. Insurance Law § 315 Professional malpractice or misconduct; reporting requirements
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§ 315. Professional malpractice or misconduct; reporting requirements. (a) Every organization or person authorized to issue professional liability insurance policies in this state shall report any disposition, whether by judgment or settlement, of any claim made against an indiv…
N.Y. Insurance Law § 316 Electronic filings
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§ 316. Electronic filings. Notwithstanding subdivision one of section three hundred five of the state technology law, the superintendent may promulgate regulations to require an insurer or other person or entity making a filing or submission with the superintendent pursuant to t…
N.Y. Insurance Law § 317 Compliance with reporting requirements of the financial security act
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§ 317. Compliance with reporting requirements of the financial security act. Insurers licensed to write personal injury liability insurance in connection with the ownership, maintenance or use of motor vehicles, as authorized pursuant to paragraph thirteen of subsection (a) of s…
N.Y. Insurance Law § 318 Reports of fire losses; availability of information
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§ 318. Reports of fire losses; availability of information. (a) Insurers shall report all fire losses in excess of five hundred dollars or such larger amount as prescribed by the superintendent, arising under policies covering property located in this state to a central organiza…
N.Y. Insurance Law § 319 Release of information resulting from insurers' investigation of fires
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§ 319. Release of information resulting from insurers' investigation of fires. (a) In this section, "authorized law enforcement agency" means: (1) any official of any agency authorized to investigate a fire at the place where the fire occurred; (2) the district attorney responsi…
N.Y. Insurance Law § 320 Records to be made available by organizations subject to the provisions of this chapter
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§ 320. Records to be made available by organizations subject to the provisions of this chapter. (a) Every insurer shall, upon request of the state department of social services or of a local social services district for any records, or any information contained in such records, …