reglab/statecodes huggingface dataset:
2023 New York Laws › ISC - Insurance › Article 24 - Unfair Methods of Competition and Unfair and Deceptive Acts and Practices › 2404 - Power of Superintendent.

§  2404.  Power  of superintendent. The superintendent is empowered to
  examine and investigate into the affairs  of  any  person  in  order  to
  determine  whether  the  person has violated or is violating section two
  thousand four hundred three of this article.   In the event  any  person
  does not provide a good faith response to a request for information from
  the superintendent, within a time period specified by the superintendent
  of  not  less  than  fifteen business days, as part of an examination or
  investigation initiated by the superintendent pursuant to  this  section
  relating  to  accident  insurance, health insurance, accident and health
  insurance   or   health   maintenance   organization    coverage,    the
  superintendent  is authorized, after notice and hearing, to levy a civil
  penalty against such person in an amount  not  to  exceed  five  hundred
  dollars  per  day  for  each  day  beyond  the  date  specified  by  the
  superintendent for response, but in no event shall such  penalty  exceed
  ten  thousand  dollars.  In  the  event  the  superintendent levies five
  separate civil penalties against any one person within  five  years  for
  failure  to  comply with this section, the superintendent is authorized,
  after notice and hearing, to levy an additional  civil  penalty  against
  such  person  in  an  amount  not  to exceed fifty thousand dollars. The
  superintendent is also authorized to levy additional civil penalties not
  to exceed fifty thousand dollars, after notice and hearing, against such
  person for every five subsequent violations of  this  section  within  a
  five  year period. Any person licensed pursuant to article twenty-one of
  this chapter may surrender such license in lieu of payment of any  civil
  penalty imposed by the superintendent pursuant to this section.
2023 New York Laws › ISC - Insurance › Article 24 - Unfair Methods of Competition and Unfair and Deceptive Acts and Practices › 2405 - Hearings and Reports on Defined Violations and Determined Violations.

§  2405.  Hearings  and  reports  on defined violations and determined
violations. (a) Whenever the superintendent has reason to believe that a
person has committed or is committing a defined violation  or  has  been
engaged  in  or  is engaging in any method of competition, or any act or
practice, could become a determined  violation  and  that  a  proceeding
thereon would be in the interest of the public, the superintendent shall
serve  upon  the  person in the manner provided by section three hundred
four of the financial services law,  a  statement  of  the  charges  and
notice  of  a  hearing to be held at a time not less than ten days after
the date of service of the notice and at the place fixed in the notice.
(b) The person shall have an opportunity at the hearing  to  be  heard
personally  or  by  counsel, and, in the case of a defined violation, to
show cause why an  order  should  not  be  made  by  the  superintendent
requiring  the  person  to  cease  and  desist  from the charged defined
violation. Upon good cause shown, the superintendent shall permit anyone
to intervene, appear and be  heard  at  the  hearing  personally  or  by
counsel.
(c)  After the hearing, the superintendent shall make a written report
containing the superintendent's findings, and shall serve a copy of  the
report upon the person and any intervenor.
2023 New York Laws › ISC - Insurance › Article 24 - Unfair Methods of Competition and Unfair and Deceptive Acts and Practices › 2406 - Procedure After Report; Defined Violation.

§ 2406. Procedure after report; defined violation.  (a) If the hearing
was  on a charge of a defined violation the superintendent shall make an
order on his report and serve a copy of the findings and order upon  the
person   charged   with   the  violation  and  any  intervenor.  If  the
superintendent finds that the person complained  of  has  engaged  in  a
defined  violation,  the  order  shall  require  the person to cease and
desist from engaging in such defined violation.    Furthermore,  if  the
superintendent   finds,  after  notice  and  hearing,  that  the  person
complained of has engaged in an act prohibited by section three thousand
two  hundred  twenty-four-a  of  this  chapter,  the  superintendent  is
authorized  to  levy a civil penalty against such person in an amount up
to five hundred dollars per day for each day beyond the date that a bill
or claim was to be processed in accordance with section  three  thousand
two  hundred  twenty-four-a  of this chapter, but in no event shall such
penalty exceed five thousand dollars.
(b) Until a proceeding for judicial review has been commenced, or  the
time  to  commence  the  proceeding has expired, the superintendent may,
upon notice and in the manner he deems proper, modify or set  aside  all
or part of any order issued by him under this section.
(c)  If a proceeding for judicial review has not been commenced within
the time allowed, the superintendent may, after notice  and  opportunity
for  hearing,  modify  or set aside, all or part, of any order issued by
him under this section, whenever in his opinion  changed  conditions  of
fact or law or the public interest require.
(d)  A  cease and desist order issued under this section is final upon
the expiration of the time  allowed  for  commencing  a  proceeding  for
judicial review if no proceeding has been commenced within such time, or
upon  the  final decision of the court affirming the order or dismissing
the proceeding.
(e) Any person who violates a cease and desist  order  issued  by  the
superintendent  under  this section after it has become final, and while
it is in effect, shall be liable to the  people  of  this  state  for  a
penalty  in  an  amount  not  to  exceed  five thousand dollars for each
violation. In determining the amount of  the  penalty  the  question  of
whether  the  violation  was  wilful  shall be taken into consideration.
Nothing herein shall limit a court in enforcing its own orders.
2023 New York Laws › ISC - Insurance › Article 24 - Unfair Methods of Competition and Unfair and Deceptive Acts and Practices › 2407 - Procedure After Report; Determined Violation.

§  2407.  Procedure  after  report;  determined  violation. (a) If the
report charges a determined violation and if the method of  competition,
act  or  practice  constituting  such  determined violation has not been
discontinued, the superintendent may, through the attorney  general,  at
any  time  after  the  service  of  the  report  cause  an  action to be
instituted to  enjoin  the  person  from  engaging  in  such  determined
violation.
(b)  The  court  may  on  motion  and  affidavits  grant a preliminary
injunction and interlocutory injunction upon such terms as may be just.
(c)  A  certified   transcript   of   the   proceedings   before   the
superintendent  including all evidence taken and the report and findings
shall be received in evidence in the action.
2023 New York Laws › ISC - Insurance › Article 24 - Unfair Methods of Competition and Unfair and Deceptive Acts and Practices › 2408 - Judicial Review by Intervenor.

§   2408.  Judicial  review  by  intervenor.  If  the  report  of  the
  superintendent made pursuant to subsection (c) of section  two  thousand
  four  hundred  five  of  this article or the order of the superintendent
  made pursuant to subsection (a) of section two thousand four hundred six
  of this article does not charge a violation of this  article,  then  any
  intervenor  in  the proceedings may, after the service of such report or
  order upon the intervenor and within the time allowed by law, commence a
  proceeding for judicial review.
2023 New York Laws › ISC - Insurance › Article 24 - Unfair Methods of Competition and Unfair and Deceptive Acts and Practices › 2409 - Effect on Other Powers and Laws.

§  2409. Effect on other powers and laws. (a) The powers vested in the
superintendent by this article shall be additional to any  other  powers
to  enforce  any  penalties, fines or forfeitures authorized by law with
respect to the methods,  acts  and  practices  defined  in  section  two
thousand  four  hundred  two  of  this  article as defined violations or
determined violations.
(b) No order of the superintendent under this article or  order  of  a
court  to  enforce the same shall in any way relieve any person affected
by the order from any liability under any other law.
2023 New York Laws › ISC - Insurance › Article 25 - Prohibitions Against Controlled Business › 2503 - Designation of Particular Insurer, Agent, Broker or Fund for Insurance Provided to Discharge Statutory Requirement.

§  2503.  Designation of particular insurer, agent, broker or fund for
  insurance provided to discharge statutory requirement. No  person,  firm
  or  corporation  who  or  which  shall  be  the  primary  beneficiary of
  insurance provided in discharge of any  statutory  requirement  of  this
  state,  and  no  representative  of  any  primary  beneficiary  of  such
  insurance, shall require anyone obligated to comply with such  statutory
  requirement,  to  obtain  such  insurance  from  a  particular insurance
  company, insurance fund of this state, agent, or broker.
2023 New York Laws › ISC - Insurance › Article 25 - Prohibitions Against Controlled Business › 2505 - Designation of Particular Insurer, Agent or Broker for Construction Contracts Generally.

§  2505.  Designation  of  particular  insurer,  agent  or  broker for
construction contracts generally. (a) In any  building  or  construction
contract  bid, negotiated or executed except as described in section two
thousand  five  hundred  four  of  this  article,   no   contractor   or
subcontractor  shall  be required to pay premiums or related charges for
policies of insurance or surety bonds specified in connection with  such
contract  on  policies  or  surety  bonds  acquired by an owner or other
contractor. No contractor or subcontractor shall  be  required  to  make
application to any particular insurance company, agent or broker for, or
to  obtain  or procure therefrom, any policy of insurance or surety bond
specified in connection with such contract, or  specified  by  any  law,
general, special or local.
(b)  This  section  shall  not,  however,  prevent  an  owner or other
contractor  from  providing  all  insurance  policies  or  surety  bonds
required  by  such contract without reimbursement from the contractor or
subcontractor. Nor shall it  preclude  such  owner  or  contractor  from
requiring  that  the contractor or subcontractor provide a credit in his
bid which reflects the amount the bidding  contractor  or  subcontractor
would  otherwise add if he provided his own insurance as required in the
bid specifications. This section shall not deny an owner  or  contractor
the  right  to approve the form, sufficiency, or manner of execution, of
any insurance policies  or  surety  bonds  furnished  by  the  insurance
company selected by the bidder.
2023 New York Laws › ISC - Insurance › Article 26 - Unfair Claim Settlement Practices; Other Misconduct; Discrimination › 2602 - Rebates on Life Insurance; Witnesses' Immunity.

§  2602. Rebates on life insurance; witnesses' immunity. (a) No person
shall knowingly receive any rebate or allowance or  deduction  from  any
premium,  or any valuable thing, special favor or advantage whatever not
specified in the policy, as an inducement to take  any  policy  of  life
insurance.
(b)  In  any  criminal proceeding before any court or grand jury for a
violation of this section, the court or grand jury may  confer  immunity
in  accordance  with  the  provisions  of section 50.20 or 190.40 of the
criminal procedure law.
2023 New York Laws › ISC - Insurance › Article 26 - Unfair Claim Settlement Practices; Other Misconduct; Discrimination › 2603 - Issue or Circulation of False Literature.

§  2603.  Issue  or  circulation  of  false  literature.  No insurance
  corporation, or any officer, director or agent thereof, shall  issue  or
  circulate,  or cause or permit to be issued or circulated, in this state
  any illustration, circular or statement indicating the  corporation  can
  transact  in this state any business of a character except that which it
  is authorized to transact under its certificate of authority  issued  by
  the superintendent.
2023 New York Laws › ISC - Insurance › Article 26 - Unfair Claim Settlement Practices; Other Misconduct; Discrimination › 2604 - False Statements as to Insurers.

§  2604.  False  statements as to insurers. No person shall either (i)
  wilfully make, circulate or transmit to another any  statement  written,
  printed  or by word of mouth, which is untrue in fact and is directly or
  by inference derogatory to  the  financial  condition,  or  affects  the
  solvency  or  financial  standing, of any insurer doing business in this
  state, or (ii) knowingly counsel, aid,  procure  or  induce  another  to
  start, transmit or circulate any such statement.
2023 New York Laws › ISC - Insurance › Article 26 - Unfair Claim Settlement Practices; Other Misconduct; Discrimination › 2605 - Penalty for Violating Workers' Compensation Law.

§   2605.   Penalty  for  violating  workers'  compensation  law.  The
  superintendent may impose a penalty not to  exceed  twenty-five  hundred
  dollars upon any insurer required to be licensed under the provisions of
  this  chapter,  if,  after  notice  to and a hearing of such insurer, he
  finds  it  has  unreasonably  failed  to  comply   with   the   workers'
  compensation law.
2023 New York Laws › ISC - Insurance › Article 26 - Unfair Claim Settlement Practices; Other Misconduct; Discrimination › 2607 - Discrimination Because of Sex or Marital Status.

§  2607.  Discrimination  because  of  sex  or  marital status. (a) No
individual or entity shall refuse to issue any policy of  insurance,  or
cancel  or  decline  to  renew  the policy because of the sex or marital
status  of  the  applicant  or  policyholder   or   engage   in   sexual
stereotyping.
(b)  For  the  purposes  of  this  section, "sex" shall include sexual
orientation, gender identity or expression, and transgender status.
2023 New York Laws › ISC - Insurance › Article 26 - Unfair Claim Settlement Practices; Other Misconduct; Discrimination › 2608 - Discrimination Because of Treatment for a Mental Disability.

§  2608.  Discrimination because of treatment for a mental disability.
(a) No individual or entity shall refuse to issue  or  renew,  or  shall
cancel  any  policy  of  insurance  because  of any past treatment for a
mental disability of the insured.
(b) The prohibition of subsection (a) hereof  shall  not  preclude  an
insurer  from  refusing  to  issue  or renew or from cancelling a policy
based on sound underwriting and actuarial principles reasonably  related
to  actual  or anticipated loss experience. The insurer shall notify the
insured or his physician of its specific reason or reasons  for  refusal
to issue or renew or for cancelling such policy.
(c)  In  this  section,  mental  disability has the meaning defined in
subdivision three of section 1.03 of the mental hygiene law.
2023 New York Laws › ISC - Insurance › Article 26 - Unfair Claim Settlement Practices; Other Misconduct; Discrimination › 2608-A - Discrimination in Enrollment Against Certain Children.

§  2608-a.  Discrimination in enrollment against certain children. (a)
No employer, health  insurer,  group  health  plan,  health  maintenance
organization,  or  other  entity  offering  medical  benefits whether by
insurance or otherwise, including an employee retirement income security
act or service benefit plan, shall deny enrollment of a child under  the
health coverage of the child's parent on the ground that:
(i) the child was born out of wedlock,
(ii)  the  child is not claimed as a dependent on the parent's federal
income tax return, or
(iii) the child does not reside with the parent or  in  the  insurer's
service area.
(b)   Any   inconsistent   provisions  of  this  title  or  other  law
notwithstanding, any insurer, in any case in which a  child  has  health
coverage through the insurer of a noncustodial parent, shall:
(i)  provide  such  information  to  the  custodial  parent  as may be
necessary for the child to obtain benefits through such coverage;
(ii) permit the custodial parent, or a health care provider  with  the
custodial  parent's  approval,  to  submit  claims  for covered services
without the approval of the non-custodial parent; and
(iii) make payment on claims directly to such  custodial  parent,  the
provider,  or the social services district furnishing medical assistance
to a child.
2023 New York Laws › ISC - Insurance › Article 26 - Unfair Claim Settlement Practices; Other Misconduct; Discrimination › 2609 - Discrimination in the Issuance of Performance or Surety Bonds.

§ 2609. Discrimination in the issuance of performance or surety bonds.
  No  person,  firm  or  corporation  engaged  in  the business of issuing
  performance or surety bonds shall refuse to issue such  a  bond  to  any
  person,  firm  or corporation, solely because of the race, creed, color,
  sex, national origin, age or marital status of the applicant.
2023 New York Laws › ISC - Insurance › Article 26 - Unfair Claim Settlement Practices; Other Misconduct; Discrimination › 2610 - Collision or Comprehensive Coverage on Motor Vehicles; Claims; Repairs.

§ 2610. Collision or comprehensive coverage on motor vehicles; claims;
repairs.  (a)  Whenever  a motor vehicle collision or comprehensive loss
shall have been suffered by an insured, no insurer  providing  collision
or comprehensive coverage therefor shall require that repairs be made to
such vehicle in a particular place or shop or by a particular concern.
(b)  In processing any such claim (other than a claim solely involving
window glass), the insurer shall not, unless expressly requested by  the
insured,  recommend  or  suggest  repairs  be  made to such vehicle in a
particular place or shop or by a particular concern.
(c) The insurer shall provide (other than  a  claim  solely  involving
window glass) a copy of its repair estimate to the insured that includes
the following disclosure, plainly printed in no less than 12 point type:
"PURSUANT  TO  SECTION  2610  OF THE INSURANCE LAW, AN INSURANCE COMPANY
CANNOT REQUIRE THAT REPAIRS BE MADE TO A MOTOR VEHICLE IN  A  PARTICULAR
PLACE  OR  REPAIR SHOP. YOU HAVE THE RIGHT TO HAVE YOUR VEHICLE REPAIRED
IN THE SHOP OF YOUR CHOICE".
2023 New York Laws › ISC - Insurance › Article 26 - Unfair Claim Settlement Practices; Other Misconduct; Discrimination › 2610-A - Rental Vehicle Reimbursement Coverage.

§  2610-a. Rental vehicle reimbursement coverage. (a) For the purposes
of this section, "rental  vehicle  reimbursement  coverage"  shall  mean
coverage   for  the  cost  of  renting  a  vehicle  used  as  substitute
transportation if the insured vehicle is damaged and is temporarily  out
of  use  due  to  a  covered  loss, until such vehicle is repaired or is
declared a total loss.
(b) Whenever a motor vehicle collision  or  comprehensive  loss  shall
have  been  suffered  by an insured, no insurer providing rental vehicle
reimbursement  coverage  shall  require  that  the  insured  utilize   a
particular  rental vehicle company, rental vehicle company location or a
particular concern.
(c) In processing any such claim, the insurer shall  disclose  to  the
insured  that  the insured has the right, as granted by this section, to
utilize any rental vehicle company, rental vehicle company location or a
particular concern.
(d) An insurer writing  automobile  insurance  which  includes  rental
vehicle  reimbursement  coverage shall inform the consumer of his or her
right, as granted by this section, to choose a rental vehicle company to
utilize in the event that he or she utilizes such coverage. The  insurer
shall  provide the disclosure required under this section to any insured
on new and renewal policies. Such disclosure  shall  be  provided  in  a
separate  written  document,  which  need  not be provided in a separate
mailing as another document as long as it  is  provided  on  a  separate
piece  of  paper, except that for new business it may be provided either
in writing or in the same medium as the application for insurance.
2023 New York Laws › ISC - Insurance › Article 26 - Unfair Claim Settlement Practices; Other Misconduct; Discrimination › 2613 - Eligibility for Life and Disability Insurance for Persons With a History of Any Type of Cancer.

§ 2613. Eligibility for life and disability insurance for persons with
a  history  of  any  type of cancer. (a) Unless its action is based upon
sound actuarial  principles  or  is  related  to  actual  or  reasonably
anticipated  experience,  no insurer shall refuse to issue any policy of
life or non-cancelable disability insurance, or  cancel  or  decline  to
renew  such  policy  because  an  individual has had any type of cancer,
provided that the initial diagnosis of  such  disease  has  occurred  at
least  three years prior to the date of application and that a physician
has certified that the disease has not reoccurred in  the  applicant  or
the individual proposed for such insurance.
(b) In the case of an adverse underwriting decision, the insurer shall
notify  the  applicant  or  proposed  insured  of its specific reason or
reasons for such decision.
2023 New York Laws › ISC - Insurance › Article 26 - Unfair Claim Settlement Practices; Other Misconduct; Discrimination › 2614 - Discrimination Because of Past Lawful Travel.

§  2614.  Discrimination  because of past lawful travel. No insurer or
  entity authorized to offer the kinds of insurance specified in paragraph
  one, two or three of subsection (a) of section one thousand one  hundred
  thirteen  of  this  chapter,  nor any agent, officer or employee of such
  insurer or entity shall make any distinction or  otherwise  discriminate
  between  persons,  reject  an  applicant,  cancel  a policy or demand or
  require a  higher  rate  of  premium  for  reasons  associated  with  an
  applicant's or insured's past lawful travel experiences.
2023 New York Laws › ISC - Insurance › Article 26 - Unfair Claim Settlement Practices; Other Misconduct; Discrimination › 2616 - Discrimination Because of Status as a Living Organ or Tissue Donor.

§  2616.  Discrimination because of status as a living organ or tissue
donor. (a) No insurer or entity authorized to do the kinds  of  business
specified  in  paragraph  one  or three of subsection (a) of section one
thousand one hundred thirteen of this chapter shall decline  to  provide
or  limit  coverage  of an insured under any life or accident and health
insurance policy  or  otherwise  discriminate  in  the  premium  rating,
offering,  issuance,  cancellation,  amount  of  coverage  or  any other
condition, based solely upon the status of an insured as a living  organ
or tissue donor and without additional actuarial risks.
(b)  No  insurer  or  entity  authorized  to  do the kinds of business
specified in paragraph one or three of subsection  (a)  of  section  one
thousand  one hundred thirteen of this chapter shall preclude an insured
from donating all or part of an  organ  or  tissue  as  a  condition  or
receiving or continuing to receive life or accident and health insurance
coverage.
(c) As used in this section, the terms "organ" and "tissue" shall have
the  same  meanings  as  are  provided  therefor  in section forty-three
hundred sixty of the public health law.
2023 New York Laws › ISC - Insurance › Article 26 - Unfair Claim Settlement Practices; Other Misconduct; Discrimination › 2617 - Unfair Discrimination for the Use of Prescriptions to Block the Effects of Opioids.

§  2617.  Unfair  discrimination for the use of prescriptions to block
  the effects of opioids. No insurer or entity  authorized  to  issue  the
  kinds  of insurance specified in paragraphs one or two of subsection (a)
  of section one thousand one  hundred  thirteen  of  this  chapter  shall
  refuse  to  issue  a life insurance policy or annuity contract or adjust
  the amount of premiums, or rates, charged for life insurance policies or
  annuity contracts for any individual solely because such individual  has
  been  prescribed  medication  used  to  block  the  effects  of opioids,
  including, but not limited to, Naloxone and Narcan, unless  such  action
  is   based  on  sound  actuarial  principles  or  actual  or  reasonably
  anticipated experience.
2023 New York Laws › ISC - Insurance › Article 27 - Holocaust Victims Insurance Act of 1998 › 2701 - Definitions.

§ 2701. Definitions. For the purpose of this article:
(a)  "Holocaust    victim"  shall  mean  any  person, claimant, or the
estate, heir, legatee, descendant, survivor, beneficiary, or other  such
successor-in-interest  of  such  person,  who  lost  his  or her life or
property as a  result  of  discriminatory  laws,  policies,  or  actions
targeted  against  discrete  groups  of persons based on race, religion,
ethnicity, sexual orientation or national origin, whether  or  not  such
person  was  actually a member of any of the foregoing enumerated groups
or because such  person  assisted  or  allegedly  assisted  any  of  the
foregoing  groups,  between  January first, nineteen hundred twenty-nine
and December thirty-first, nineteen hundred forty-five  in  areas  under
Nazi influence as defined in subsection (f) of this section.
(b)  "Person",  "control",  "holding  company",  and  "holding company
system" and any other term  used  in  this  article  but  not  otherwise
defined shall have the same meaning as it has in article fifteen of this
chapter.
(c)   "Insurance   policy"   shall   mean   any  policy  of  insurance
substantially similar to any kind of insurance that  was  authorized  at
any  time  in  New York between and including the years nineteen hundred
twenty-nine  and  nineteen  hundred  forty-five  or  authorized  by  the
jurisdiction  in  which  the  policy  was  sold  at the time it was sold
including but not limited to any form  of  life,  accident  and  health,
annuities, property, casualty, education or dowry insurance.
(d)  "Proceeds"  shall  mean  the  face  or  other pay-out value of an
insurance policy or annuity plus reasonable interest to date of  payment
as shall be prescribed by regulations promulgated by the superintendent.
(e)  "Member  of  a  holding  company  system" shall include a holding
company, a controlled insurer, a controlled person, and any  person  who
alone  or  in  concert  with  any  other  persons directly or indirectly
controls a holding company or controls a person who controls  a  holding
company.
(f)  "Areas  under  Nazi  influence"  shall  mean  the country of Nazi
Germany, areas occupied by Nazi Germany, those European countries allied
with Nazi Germany, areas occupied by  those  European  countries  allied
with  Nazi  Germany,  or  any  other neutral European country or area in
Europe  under the influence or threat of Nazi invasion.
2023 New York Laws › ISC - Insurance › Article 27 - Holocaust Victims Insurance Act of 1998 › 2702 - Holocaust Claims Assistance.

§ 2702.  Holocaust claims assistance. The superintendent shall arrange
  for  a  toll-free telephone number available in English as well as other
  appropriate languages, to assist any person seeking to recover  proceeds
  from an insurance policy issued to or covering the life or property of a
  Holocaust victim.
2023 New York Laws › ISC - Insurance › Article 27 - Holocaust Victims Insurance Act of 1998 › 2703 - Insurer Claims Handling.

§ 2703.  Insurer claims handling. (a) Notwithstanding any inconsistent
provision  of  this chapter, any insurer organized, registered, licensed
or accredited to do an insurance business in this state, in receipt of a
claim against it arising from an occurrence during  the  period  between
January  first,  nineteen hundred twenty-nine and December thirty-first,
nineteen hundred forty-five from an individual that such insurer  knows,
or reasonably should have known, is a Holocaust victim shall:
(1) diligently and expeditiously investigate such claim;
(2)  allow  claimants  to provide alternative documentation which does
not meet the  usual  standards  of  proof  required  by  an  insurer  to
substantiate  the particular claim, subject to standards established for
such documentation as  prescribed  by  regulations  promulgated  by  the
superintendent; and
(3)  attempt  to resolve, settle and, if appropriate, make payments on
claims irrespective of any statute of limitations or notice requirements
imposed by any law or such insurance policy issued to  or  covering  the
life,  property  or  interests  of a Holocaust victim, provided that the
claim is submitted to the insurer within ten years  from  the  effective
date of this article.
(b)  Failure  to abide by the terms of this section shall constitute a
defined violation for purposes of subsection (b) of section two thousand
four hundred two of this chapter.
(c) This article shall serve as additional and conclusive notice  that
the  superintendent  is currently investigating all claims pertaining to
the victims of the Holocaust. Evidence of the intentional destruction or
alteration of any records or other materials pertaining  to  such  claim
shall  be  admissible in both administrative and judicial proceedings as
evidence in  support  of  any  claim  being  made  against  the  insurer
involving  the  destroyed   or altered material. It shall be permissible
for an administrative or judicial court to infer  that  the  intentional
destruction  or  alteration of any records or other materials pertaining
to a claim was done in order to  prevent  discovery  of  information  to
support any claim of a Holocaust victim.
2023 New York Laws › ISC - Insurance › Article 27 - Holocaust Victims Insurance Act of 1998 › 2704 - Rights of Action.

§  2704.  Rights  of  action. (a) Notwithstanding any law or agreement
among the parties to an insurance policy to  the  contrary,  any  action
arising  from  an  occurrence  during  the period between January first,
nineteen hundred twenty-nine and December thirty-first, nineteen hundred
forty-five  brought  by  a  Holocaust  victim  seeking  proceeds  of  an
insurance  policy  issued  to  or  covering  the  life  or property of a
Holocaust  victim  prior  to  December  thirty-first,  nineteen  hundred
forty-five,  shall  not  be  dismissed  for  failure  to comply with any
statute of limitations or laches  or  other  similar  provision  of  any
applicable  law  relating to the timeliness of the filing of claims that
might prevent a claim from being heard on  its  merits,  or  any  notice
requirements  imposed  by  any  insurance  policy provided the action is
commenced within ten years from the effective date of this article.
(b) With respect to any action arising from an occurrence  during  the
period  between January first, nineteen hundred twenty-nine and December
thirty-first, nineteen hundred forty-five brought by a Holocaust  victim
seeking  proceeds  of an insurance policy issued to or covering the life
or property of  a  Holocaust  victim  prior  to  December  thirty-first,
nineteen  hundred forty-five no such action shall be stayed or dismissed
pursuant to rule three hundred twenty-seven of the  civil  practice  law
and rules.
(c)   In recognition of the significant period of time that has passed
and in order to effect the  goals  of  substantial  justice,  the  rules
regarding  the  admissibility  of evidence, including but not limited to
rule forty-five hundred eighteen and section forty-five hundred nineteen
of the civil practice law and rules, and  principles  of  law  or  other
rules  relating to the admission of hearsay evidence shall be relaxed at
the discretion of the trial judge in any action or proceeding authorized
by this section.
2023 New York Laws › ISC - Insurance › Article 27 - Holocaust Victims Insurance Act of 1998 › 2707 - Penalty.

§  2707.  Penalty. In addition to any other penalty prescribed by this
  article or any other provision of this chapter, any  insurer  or  person
  who  violates  the provisions of this article will be subject to a civil
  penalty of up to one thousand dollars for each day each  such  violation
  continues  except  that, if the superintendent finds that such violation
  has been willful, such  insurer  shall  be  fined  an  amount  that  the
  superintendent   deems  appropriate  based  on  the  degree  of  willful
  misconduct and the nature of the violation.
2023 New York Laws › ISC - Insurance › Article 27 - Holocaust Victims Insurance Act of 1998 › 2708 - Application of Section Four Thousand Two Hundred Twenty-Four.

§  2708. Application of section four thousand two hundred twenty-four.
  An insurer shall not be considered in violation of section four thousand
  two  hundred  twenty-four  of  this  chapter  for  complying  with   the
  provisions of this article.
2023 New York Laws › ISC - Insurance › Article 27 - Holocaust Victims Insurance Act of 1998 › 2711 - Severability.

§  2711.  Severability.    If  any  word, clause, sentence, paragraph,
  subdivision, section or part of this article shall be  adjudged  by  any
  court  of  competent jurisdiction to be invalid, such judgment shall not
  affect, impair, or  invalidate  the  remainder  thereof,  but  shall  be
  confined  in  its  operation  to  the word, clause, sentence, paragraph,
  subdivision,  section  or  part  thereof  directly   involved   in   the
  controversy  in  which  such  judgment  shall  have been rendered. It is
  hereby declared to be the intent of the legislature  that  this  article
  would  have  been  enacted  even if such invalid provisions had not been
  included herein.
2023 New York Laws › ISC - Insurance › Article 28 - Use of Credit Information › 2801 - Definitions.

§  2801.  Definitions. For the purposes of this article, the following
terms shall have the following meanings:
(a) "Adverse action" shall  mean  a  denial  or  cancellation  of,  an
increase  in  any  charge  for,  or  a  reduction  or  other  adverse or
unfavorable change in the terms of coverage or amount of, any insurance,
existing or applied for, in connection with the underwriting of personal
insurance.
(b) "Affiliate" shall mean any company that  controls,  is  controlled
by, or is under common control with another company.
(c) "Applicant" shall mean an individual who has applied to be covered
by a personal lines insurance policy with an insurer.
(d)  "Consumer" shall mean an insured whose credit information is used
or whose insurance score is calculated in the underwriting or rating  of
a personal lines insurance policy or an applicant for such a policy.
(e)  "Consumer  reporting  agency"  shall  mean  any  person  who, for
monetary fees, dues, or on  a  cooperative  nonprofit  basis,  regularly
engages  in whole or in part in the practice of assembling or evaluating
consumer credit information or other information on  consumers  for  the
purpose of furnishing consumer reports to third parties.
(f)  "Credit  information"  shall  mean any credit-related information
derived from a credit report,  found  on  a  credit  report  itself,  or
provided  on  an  application  for personal lines insurance. Information
that is not credit-related shall not be considered "credit information",
regardless of whether it is contained  in  a  credit  report  or  in  an
application, or is used to calculate an insurance score.
(g)   "Credit   report"   shall  mean  any  written,  oral,  or  other
communication of information by a consumer reporting agency bearing on a
consumer's credit worthiness, credit standing or credit  capacity  which
is  used or expected to be used or collected in whole or in part for the
purpose of serving as a factor to  determine  personal  lines  insurance
premiums, eligibility for coverage, or tier placement.
(h)  "Insurance  score"  shall mean a number or rating that is derived
from an algorithm, computer application, model, or other process that is
based in whole or in part on credit  information  for  the  purposes  of
predicting the future insurance loss exposure of an individual applicant
or insured.
(i)  "Personal lines insurance" shall mean property/casualty insurance
coverage sold to individuals and families  for  primarily  noncommercial
purposes.
2023 New York Laws › ISC - Insurance › Article 28 - Use of Credit Information › 2803 - Dispute Resolution and Error Correction.

§  2803.  Dispute resolution and error correction. If it is determined
  through the dispute resolution process set forth  in  the  federal  Fair
  Credit Reporting Act, 15 USC 1681i(a)(5), that the credit information of
  a  current  insured  was  incorrect  or  incomplete  and  if the insurer
  receives notice of such determination from either the consumer reporting
  agency or from the insured, the insurer shall re-underwrite and  re-rate
  the  consumer  within  thirty  days  of  receiving  such  notice.  After
  re-underwriting or re-rating the insured, the  insurer  shall  make  any
  adjustments  necessary,  consistent  with  its  underwriting  and rating
  guidelines. If an insurer  determines  that  the  insured  has  overpaid
  premium,  the  insurer  shall  refund  to  the  insured  the  amount  of
  overpayment calculated back to the last thirty-six  months  of  coverage
  provided by such insurer.
2023 New York Laws › ISC - Insurance › Article 28 - Use of Credit Information › 2805 - Adverse Action Notification.

§  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 Act, 15 USC 1681m(a); and
(b) provide notification to the consumer explaining the reason for the
adverse action. The reasons must be provided in sufficiently  clear  and
specific  language  so  that  a  person  can  identify the basis for the
insurer's decision to take an adverse action.  Such  notification  shall
include  a  description  of  up  to  four  factors that were the primary
influences of the adverse action. The use of generalized terms  such  as
"poor  credit  history", "poor credit rating", or "poor insurance score"
does  not  meet  the  explanation  requirements  of   this   subsection.
Standardized credit explanations provided by consumer reporting agencies
or other third party vendors are deemed to comply with this section.
2023 New York Laws › ISC - Insurance › Article 28 - Use of Credit Information › 2806 - Filing.

§  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  the superintendent within forty-five days. A third party
may file scoring models on behalf of insurers. A  filing  that  includes
insurance  scoring  may  include  loss  experience justifying the use of
credit information.
(b) Any filing  relating  to  credit  information  filed  and  in  the
possession  of  the  superintendent  shall  remain  the  property of the
insurer and shall not be subject to any disclosure or  production  under
article  six or six-A of the public officers law or any other law of the
state which authorizes or requires the  superintendent  to  disclose  or
produce  records  to  an  outside  party. This information is privileged
information and is not discoverable or admissible  as  evidence  in  any
legal  action  in  any civil, criminal or administrative proceeding. The
privilege created herein is a matter of substantive law  of  this  state
and  is  not  merely  a  procedural  matter  governing civil or criminal
procedures in the courts of this state and this information shall remain
subject to all applicable statutory or common law privileges.
2023 New York Laws › ISC - Insurance › Article 28 - Use of Credit Information › 2807 - Sale of Information by Consumer Reporting Agency.

§  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  request for a credit report or insurance score. Such
information includes, but is not limited to, the expiration dates of  an
insurance policy or any other information that may identify time periods
during  which  a  consumer's  insurance  may  expire  and  the terms and
conditions of the consumer's insurance coverage.
(b) The restrictions provided in subsection (a) of this section do not
apply to data or lists the consumer reporting  agency  supplies  to  the
insurance  agent  or  broker  from  whom  information  was received, the
insurer on whose behalf such agent or broker acted,  or  such  insurer's
affiliates or holding companies.
(c) Nothing in this section shall be construed to restrict any insurer
from  being  able  to  obtain a claims history report or a motor vehicle
report.
2023 New York Laws › ISC - Insurance › Article 28 - Use of Credit Information › 2808 - Indemnification.

§  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
  scores for an insurer, provided the agent follows the instructions of or
  procedures  established  by  the  insurer,  works  within  the authority
  granted by the insurer to the agent and complies with any applicable law
  or regulation. Nothing in this section shall be construed to  provide  a
  consumer  or other insured with a cause of action that does not exist in
  the absence of this section.
2023 New York Laws › ISC - Insurance › Article 28 - Use of Credit Information › 2809 - Severability.

§  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,  such  judgment, interpretation or change shall not affect,
  impair or invalidate the remainder thereof and the  remaining  sections,
  paragraphs, sentences, clauses, phrases, or parts thereof shall be in no
  manner affected thereby but shall remain in full force and effect.
2023 New York Laws › ISC - Insurance › Article 29 - Pharmacy Benefit Managers › 2901 - Definitions.

§ 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 "covered individual", "health plan", "pharmacy benefit
manager" and  "pharmacy  benefit  management  services"  have  the  same
meanings as defined by section two hundred eighty-a of the public health
law. The superintendent is expressly authorized to interpret these terms
as if the definitions were stated within this article.
2023 New York Laws › ISC - Insurance › Article 29 - Pharmacy Benefit Managers › 2902 - Acting Without a Registration.

§   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 a pharmacy benefit manager filed with the superintendent
in   accordance  with  this  article  and  any  regulations  promulgated
thereunder.
(b) Any person, firm, association, corporation or  other  entity  that
violates  this  section shall, in addition to any other penalty provided
by law, be liable for restitution and compensatory damages to any health
plan, pharmacy or covered individual, or  other  person  harmed  by  the
violation  and  shall  also be subject to a penalty not exceeding of the
greater of (1) four thousand dollars for the  first  violation  and  ten
thousand  dollars  for  each  subsequent  violation or (2) the aggregate
economic gross receipts attributable to all violations.
2023 New York Laws › ISC - Insurance › Article 29 - Pharmacy Benefit Managers › 2903 - Registration Requirements for Pharmacy Benefit Managers.

§  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
superintendent in a manner acceptable to the superintendent,  and  shall
pay  a  fee of four thousand dollars for each year or fraction of a year
in which  the  registration  shall  be  valid.  The  superintendent,  in
consultation   with  the  commissioner  of  health,  may  establish,  by
regulation, minimum  registration  standards  required  for  a  pharmacy
benefit   manager.   The   superintendent   can  reject  a  registration
application filed by a pharmacy benefit manager  that  fails  to  comply
with the minimum registration standards.
(b)  For each business entity, the officer or officers and director or
directors named in the application shall be designated  responsible  for
the  business  entity's  compliance  with  the  financial  services  and
insurance laws, rules and regulations of this state.
(c) Every registration  will  expire  on  December  thirty-first,  two
thousand twenty-three regardless of when registration was first made.
(d)  Every  pharmacy  benefit  manager  that performs pharmacy benefit
management services at any  time  prior  to  June  first,  two  thousand
twenty-two,  shall  make  the  registration  and fee payment required by
subsection (a) of this section on or before  June  first,  two  thousand
twenty-two.   Any   other   pharmacy  benefit  manager  shall  make  the
registration and fee payment required by subsection (a) of this  section
prior to performing pharmacy benefit management services.
(e)  Registrants under this section shall be subject to examination by
the superintendent as often as the superintendent may deem it necessary.
The superintendent may promulgate regulations establishing  methods  and
procedures   for   facilitating   and   verifying  compliance  with  the
requirements of this article and such other regulations as necessary  to
enforce the provisions of this article.