New York · statute · N.Y. Insurance Law · 1,137 active provisions
CHAPTER 28 OF THE CONSOLIDATED LAWS INSURANCE LAW ARTICLE 1. General provisions. (§§ 101-111-a) 2. Organization of the department of financial services. (§§ 201-214) 3. Administrative and procedural provisions. (§§ 301-346) 4. Insurance frauds prevention. (§§ 401-411) 5. Certificates of insurance. (§§ 501-505) 11. Lice…
ARTICLE 1 GENERAL PROVISIONS Section 101. Short title. 102. Declaration. 103. Explanation of order of provisions. 104. Continuation of existing offices, licenses, approvals and proceedings. 106. Construction of references. 107. Definitions of terms of general use in this chapter. 108. Applicability of business corporat…
§ 101. Short title. This chapter shall be known and may be cited as the "insurance law".
§ 102. Declaration. The legislature hereby declares that the purpose of this chapter is to recodify, without substantive change, the insurance law in effect immediately prior to the effective date of this chapter.
§ 103. Explanation of order of provisions. In this recodification of the insurance law, the provisions have been divided in descending order of application, with illustrations, as follows: Article 1 Section 101 Subsection (a) Paragraph (1) Subparagraph (A) Item (i) Clause (I) Subitem (aa) Subclause (aaa)
§ 104. Continuation of existing offices, licenses, approvals and proceedings. (a) All persons who, at the effective date of this chapter, held any office in the department shall continue to hold such office under and subject to this chapter. (b) Every license of an insurer, insurance agent, insurance broker, public adj…
§ 106. Construction of references. (a) In this chapter, unless otherwise stated or required by the context: (1) All references to a part, title, article or section number or letter refer to the part, title, article or section so numbered or lettered in this chapter, and all references in any section of this chapter to…
§ 107. Definitions of terms of general use in this chapter. (a) In this chapter, unless the context otherwise requires: (1) "Accident and health insurance company", means any corporation having power to do the kinds of insurance business specified in item (i) of paragraph three of subsection (a) of section one thousand…
§ 108. Applicability of business corporation law to insurers. (a) The business corporation law applies to every corporation heretofore or hereafter formed under: (1) this chapter, except corporations subject to section one thousand one hundred ten or article forty-three, forty-five, forty-six or sixty-seven of this cha…
§ 109. Penalties; civil actions. (a) Every violation of any provision of this chapter shall, unless the same constitutes a felony, be a misdemeanor. (b) Every penalty imposed by this section shall be in addition to any penalty or forfeiture otherwise provided by law. (c) (1) If the superintendent finds after notice and…
§ 110. Cooperation with other regulatory agencies. (a) In order to assist in the performance of the superintendent's duties under this chapter, the superintendent: (1) may share documents, materials or other information, including confidential, privileged, and trade secret documents, materials or information with other…
§ 111. Investigation by the superintendent with respect to prescription drugs. (a) Whenever it shall appear to the superintendent, either upon complaint or otherwise, that in the advertisement, purchase or sale within this state of any prescription drug, which is contemplated to be paid by a policy approved by the depa…
§ 111-a. Notification of prescription drug price increases by manufacturers. (a) This section shall apply to a manufacturer of a prescription drug that is purchased or reimbursed in this state by any of the following: (1) An insurance company authorized in this state to write accident and health insurance, a company or…
ARTICLE 2 ORGANIZATION OF THE DEPARTMENT OF FINANCIAL SERVICES Section 201. State insurance advisory board. 202. Drug accountability board. 205. Gratuities; prohibited payments to department personnel. 208. Transfer or destruction of records. 210. Annual consumer guide of health insurers, and entities certified pursuan…
§ 201. State insurance advisory board. (a) There shall be a state insurance advisory board to work with the superintendent in encouraging and promoting the growth of the insurance industry in the state, and further the goals of the department's mission as it relates to the insurance industry. There shall be ten members…
§ 202. Drug accountability board. (a) A nine member drug accountability board is hereby created in the department. (b) The members of the board shall be appointed by the superintendent, provided however that one member shall be appointed at the suggestion of the temporary president of the senate and one member shall be…
§ 205. Gratuities; prohibited payments to department personnel. (a) No insurer or other person subject to this chapter, nor any other insurer or person shall directly or indirectly confer, or offer to confer, any money or other valuable benefit, whether in the form of payment, loan, credit, or otherwise, upon the super…
§ 208. Transfer or destruction of records. The superintendent may, in accordance with the provisions of section one hundred eighty-six of the state finance law, effect the transfer, or destruction, of any records made, acquired, or received by the department, if such records are, in his judgment, of no further material…
§ 210. Annual consumer guide of health insurers, and entities certified pursuant to article forty-four of the public health law. (a) The superintendent shall annually publish on or before September first, nineteen hundred ninety-nine, and annually thereafter, a consumer guide to insurers providing managed care products…
§ 213. New York state health care quality and cost containment commission. (a) There is hereby established within the department a commission, to be known as the "New York state health care quality and cost containment commission". The commission shall consist of thirteen members appointed by the governor, one of whom…
§ 214. Report on insurance agent licensing examinations. The superintendent shall perform a study of the insurance agent licensure examinations required pursuant to section two thousand one hundred three of this chapter. The study shall, at a minimum, include the total number of examinees, the passing rate of all exami…
ARTICLE 3 ADMINISTRATIVE AND PROCEDURAL PROVISIONS Section 301. Regulations by superintendent. 302. Supervisory colleges. 306. Immunity from prosecution. 307. Annual statements; audited financial statements. 308. Special reports. 309. Examinations of insurers; when authorized or required. 310. Examinations; how conduct…
§ 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 department; (b) effectuating any power,…
§ 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 operations. The powers of the superintendent wi…
§ 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 confer immunity in accordance with the provi…