2023 New York Laws › ISC - Insurance › Article 67 - Nonprofit Property/casualty Insurance Companies › 6705 - Relevant Criteria.

§   6705.  Relevant  criteria.  (a)  In  applying  this  article,  the
superintendent  shall  consider  the  provisions  of  paragraph  (3)  of
subsection  (c)  of  section  501  of  the  Internal  Revenue  Code  and
subsection (n) of section 501 of the Internal Revenue Code.
(b)  Notwithstanding  any  other  provision  of   law,   a   nonprofit
property/casualty insurance company shall:
(1) be operated solely to insure risks of its members.
(2)  directly  provide information to its members with respect to loss
control and risk management.
(3) obtain at least  one  million  dollars  in  startup  capital  from
nonmember  charitable  organizations.  Such startup capital may take the
form of subventions as authorized pursuant to section five hundred  four
of  the  not-for-profit corporation law or advancements or borrowings as
authorized pursuant to section one thousand three hundred seven of  this
chapter.   Startup   capital  may  be  used  to  satisfy  the  financial
requirements  contained  in  this  chapter  applicable  to  a  nonprofit
property/casualty   insurance   company   only   to   the   extent   the
superintendent determines  that  it  complies  with  such  requirements.
Subventions  will  qualify  as  advancements  or  borrowings  authorized
pursuant to section one thousand three hundred  seven  of  this  chapter
only  if  they  meet  the  requirements  of  advancements  or borrowings
authorized pursuant to such section.
(4) be controlled by a board of directors elected by  the  members  of
the nonprofit property/casualty insurance company.
(5) require, in its organizational documents that:
(A)  each member of such nonprofit property/casualty insurance company
shall at all times be an organization  described  in  paragraph  (3)  of
subsection  (c)  of  section 501 of the Internal Revenue Code and exempt
from tax under subsection (a) of section 501  of  the  Internal  Revenue
Code.
(B)  any member which receives a final determination that it no longer
qualifies as an organization described in paragraph  (3)  of  subsection
(c) of section 501 of the Internal Revenue Code shall immediately notify
the  nonprofit property/casualty insurance company of such determination
and the effective date of such determination.
(C) each policy of insurance issued by the nonprofit property/casualty
insurance company shall provide that such  policy  will  not  cover  the
insured  with  respect  to  events  occurring  after the date such final
determination was issued to the insured.
(c) A nonprofit property/casualty insurance company shall:
(1) not refuse to issue, renew or cancel a  policy  of  any  insurable
nonprofit organization based solely on geographic location,
(2)  not  refuse  to  write coverages afforded by such insurer for any
insurable nonprofit organization in accordance with  subsection  (d)  of
this section,
(3)  establish and promote a risk management program among its members
to identify and reduce risks by implementation of loss  control,  safety
programs and other methods of risk management,
(4)   establish  equitable  risk  classifications  for  all  types  of
nonprofit organizations, and
(5) establish recordkeeping and reporting procedures.
(d) A nonprofit property/casualty insurance company shall, subject  to
regulatory standards, offer to provide coverage following application by
an   eligible   nonprofit  organization,  provided  that  the  nonprofit
organization has not:
(1) violated applicable laws, regulations and rules;
(2) been  involved  in  financial,  management  or  operational  acts,
omissions  or  conditions that substantially and materially increase the

hazards to the nonprofit insurer, its solvency, its  policyholders,  its
creditors, or the public;
(3) engaged in fraud or material misrepresentation;
(4) refused to cooperate with reasonable risk management in accordance
with  risk  management  standards,  approved  by the nonprofit insurer's
board  of  directors,  for  the  purpose  of  protecting  the  nonprofit
organization   itself  and  all  participating  nonprofit  organizations
insured by the nonprofit insurer; or
(5) violated such other standards of  insurability  as  the  nonprofit
insurer's board of directors and the superintendent may approve.
The  nonprofit property/casualty insurance company, in any instance of
declination of coverage, shall inform the nonprofit organization and the
superintendent of the reasons for such declination.