reglab/statecodes huggingface dataset:
2023 New York Laws › ISC - Insurance › Article 23 - Property/casualty Insurance Rates › 2307 - Rating Classifications or Territories; Policy Forms.

§  2307.  Rating  classifications or territories; policy forms. (a) No
insurer or rate service organization shall use a  rating  classification
or territory unless it has been filed with the superintendent and either
he  has  approved  it,  or  ninety  days  have  elapsed  and  he has not
disapproved it as unfairly discriminatory or violative of public policy.
(b) Except as otherwise provided  herein,  no  policy  form  shall  be
delivered  or  issued  for  delivery  unless  it has been filed with the
superintendent and either he  has  approved  it,  or  thirty  days  have
elapsed  and  he  has  not  disapproved it as misleading or violative of
public policy. After notice and hearing to the insurer or  rate  service
organization   which   submitted   a   policy  form  for  approval,  the
superintendent may withdraw approval of such form on  finding  that  the
use of such form is contrary to the legal requirements applicable at the
time  of  withdrawal.  The  effective date of the withdrawal of approval
shall be prescribed by the superintendent but shall  be  not  less  than
ninety  days  after  notice of withdrawal. With regard to residual value
insurance, policy forms and any amendments thereto shall be  filed  with
the  superintendent  within thirty days of their use by the insurer. For
purposes of this subsection, "residual value insurance" shall  have  the
same  meaning  as set forth in paragraph twenty-two of subsection (a) of
section one thousand one hundred  thirteen  of  this  chapter,  provided
however,  for  the purposes of this subsection such insurance shall only
be utilized for commercial purposes,  and  shall  not  include  personal
lines  of  insurance  as  defined  in paragraph two of subsection (a) of
section three thousand four hundred twenty-five of this chapter  or  any
commercial  auto  insurance,  and,  provided further that applicants for
such insurance  shall  sign  a  statement  that  the  applicant  has  an
appropriate  level of knowledge and understanding of the use of residual
value insurance.
* (c) With respect to kinds of insurance or insurance  activities  the
rates  for  which,  pursuant  to  subsection (a) of section two thousand
three hundred five of this article, are not subject to  prior  approval,
any  requirement  in  subsections  (a) and (b) of this section of filing
with or prior approval by the superintendent may be waived by regulation
adopted by the superintendent after a public hearing.
* NB Expires July 1, 2026
(d) All policy forms and rating classifications and territories  filed
with  the superintendent shall be available for public inspection at the
department.
(e) Policy forms for inland marine risks  where  the  rates  for  such
risks  by  general  custom  of the business are not written according to
manual rates or rating plans shall not be filed pursuant  to  subsection
(b)  of  this  section,  unless  the superintendent directs that they be
filed.
2023 New York Laws › ISC - Insurance › Article 23 - Property/casualty Insurance Rates › 2308 - Imposition of Prior Approval.

* §  2308.  Imposition  of  prior  approval. (a) If the superintendent
determines, after a hearing, at which representatives of  consumers  and
other  interested  parties may participate, and on the basis of findings
of fact and conclusions, that, with respect to any territory or  to  any
kind,   subdivision   or  class  of  insurance,  competition  is  either
insufficient to assure that rates will not be excessive, or so conducted
as to be destructive of competition or detrimental to  the  solvency  of
insurers,  he shall order that the rates for such insurance or territory
shall be subject to prior approval under subsection (b) of  section  two
thousand  three hundred five of this article and to all other provisions
of this article applicable to rates subject  to  such  subsection.  Such
order  shall have a specified duration of not more than one year but may
be renewed by the superintendent  upon  appropriate  findings  of  fact,
conclusions and order. Within thirty days after the close of the hearing
the  superintendent shall make his determination in a report which shall
be made public.
(b) The superintendent, by regulation adopted after a hearing,  shall,
where    appropriate,    establish    objective   standards,   including
industry-wide   profitability   standards   and   market   concentration
standards,  for  determining  when  a hearing pursuant to subsection (a)
hereof shall be called.
(c) This  section  shall  be  applicable  to  kinds  of  insurance  or
insurance  activities the rates for which, pursuant to subsection (a) of
section two thousand three hundred five of this article, are not subject
to prior approval.
* NB Expires July 1, 2026
2023 New York Laws › ISC - Insurance › Article 23 - Property/casualty Insurance Rates › 2309 - Excess Rate.

§  2309.  Excess  rate.  Notwithstanding  any other provisions of this
  article, upon the  written  application  of  the  insured,  stating  the
  insured's   reasons   therefor,   filed   with   and   approved  by  the
  superintendent, a rate in excess  of  the  rate  provided  by  a  filing
  otherwise applicable may be used on any specific risk.
2023 New York Laws › ISC - Insurance › Article 23 - Property/casualty Insurance Rates › 2310 - Informational Filings.

§  2310.  Informational  filings. * (a) Every insurer and rate service
organization shall furnish to the superintendent, on or before the  date
of  their  use,  all  changes in the rating rules and schedules of rates
which are not subject to prior approval pursuant to  subsection  (b)  of
section  two  thousand  three  hundred  five  of  this  article  and the
statistical, rating and other information in support of changes in  such
rating  classifications  and  territories.  Such  rules,  schedules  and
information shall be available for public inspection at the department.
* NB Expires July 1, 2026
(b) The rates for inland marine risks which by general custom  of  the
business are not written according to manual rates or rating plans shall
not   be   filed   pursuant   to   subsection  (a)  hereof,  unless  the
superintendent directs that they be filed.
(c) Specific inland marine rates on risks specially rated, made  by  a
rate  service  organization,  shall  be filed pursuant to subsection (a)
hereof.
2023 New York Laws › ISC - Insurance › Article 23 - Property/casualty Insurance Rates › 2311 - Suspension of Filing Requirement.

§  2311.  Suspension  of  filing requirement. (a) Under such rules and
regulations as he shall adopt, the superintendent may, by order, suspend
or modify the requirements of  filing  as  to  any  kind  of  insurance,
subdivision or combination thereof, or as to classes of risks, the rates
for which cannot practicably be filed before they are used.
(b) Such orders, rules and regulations shall be made known to insurers
and rate service organizations affected thereby.
2023 New York Laws › ISC - Insurance › Article 23 - Property/casualty Insurance Rates › 2312 - Immigration Bond Premium.

§  2312.  Immigration  bond  premium.  (a)  The  premium for giving an
immigration bond or depositing money or property as immigration bail  in
any  court  having immigration jurisdiction or in any immigration action
or proceeding shall not exceed ten per centum of the amount of such bond
or deposit in actions where such bonds or deposits do not exceed the sum
of three thousand dollars. Where such bonds or deposits exceed  the  sum
of  three  thousand dollars, the premium shall not exceed ten per centum
of the first three thousand dollars and eight per centum of  the  excess
amount  over  three  thousand dollars up to ten thousand dollars and six
per centum of the excess amount over ten thousand dollars.
(b) No person,  firm,  corporation,  or  other  entity,  including  an
insurance producer, shall:
(1)  charge,  collect,  or receive, directly or indirectly, any fee or
compensation  in  connection  with  an  immigration  bail   deposit   or
immigration  bond,  other than the premium based on rates subject to the
maximum specified in subsection (a) of this section and filed  with  the
superintendent  by the insurer pursuant to this article, notwithstanding
subsection (c) of section two thousand  one  hundred  nineteen  of  this
chapter; or
(2)  accept  any  fee  or  compensation for obtaining a license or for
obtaining  an  insurance  producer  or  immigration  bond  or   for   an
immigration bail deposit.
(c)  Any person, firm, corporation, or other entity that violates this
section shall be guilty of a misdemeanor. An indemnitor may  maintain  a
cause of action in a court of competent jurisdiction against any person,
firm, corporation, or other entity to recover any fee or compensation in
excess  of  the  amount authorized pursuant to this section. The person,
firm, corporation, or other entity shall, in any action  brought  by  an
indemnitor to recover any such overcharge, be liable for treble damages.
(d)  Any  agreement,  or  portion  thereof, entered into requiring the
waiving of the requirements of this section or otherwise in violation of
this section shall be void and unenforceable.
2023 New York Laws › ISC - Insurance › Article 23 - Property/casualty Insurance Rates › 2314 - Charging of Rates.

§  2314.  Charging  of  rates.  No  authorized  insurer  shall, and no
  licensed insurance agent, no title insurance agent, no employee or other
  representative of an  authorized  insurer,  and  no  licensed  insurance
  broker  shall  knowingly,  charge  or demand a rate or receive a premium
  that departs from the rates, rating plans,  classifications,  schedules,
  rules  and  standards in effect on behalf of the insurer, or shall issue
  or make any policy or contract involving a violation thereof.
2023 New York Laws › ISC - Insurance › Article 23 - Property/casualty Insurance Rates › 2317 - Joint Underwriting or Joint Reinsurance.

§  2317.  Joint  underwriting  or  joint reinsurance. (a) Every group,
association or other organization of insurers  which  engages  in  joint
underwriting  or  joint  reinsurance shall be subject to regulation with
respect thereto as herein provided, subject, however,  with  respect  to
joint  underwriting,  to all other applicable provisions of this article
and, with respect to joint reinsurance, to subsection (e) of section two
thousand three hundred twenty-one and section two thousand three hundred
twenty-two of this article.
(b) If, after hearing, the superintendent finds that any  activity  or
practice  of any such group, association or other organization is unfair
or unreasonable or otherwise inconsistent with the  provisions  of  this
article,  he  may issue a written order specifying in what respects such
activity or practice is unfair or unreasonable or otherwise inconsistent
with the provisions of this article, and requiring the discontinuance of
such activity or practice.
(c) Every such group, association, or other organization  of  insurers
shall be subject to examination by the superintendent as often as he may
deem it expedient.
2023 New York Laws › ISC - Insurance › Article 23 - Property/casualty Insurance Rates › 2318 - Risk Sharing Plans.

§ 2318. Risk sharing plans. Agreements may be made among insurers with
  respect to the equitable apportionment among them of insurance which may
  be  afforded applicants who are in good faith entitled to but are unable
  to procure such insurance through ordinary methods,  and  such  insurers
  may  agree  among themselves on the use of reasonable rate modifications
  subject to the approval of the superintendent; but  this  section  shall
  not apply to workers' compensation insurance.
2023 New York Laws › ISC - Insurance › Article 23 - Property/casualty Insurance Rates › 2322 - Final Determination; Procedure on Orders Without Hearing.

§ 2322. Final determination; procedure on orders without hearing.  (a)
After  a  final  determination  against  an  insurer,  the amount of any
overcharge  received  by  such  insurer  during  the  pendency  of   the
proceedings, with interest thereon, shall upon demand be refunded by the
insurer to the persons entitled thereto.
(b)   Any   insurer   or   rate  service  organization  to  which  the
superintendent has directed an order made without a hearing may,  within
thirty days after notice to it of the order, make written request to the
superintendent  for  a  hearing.    Pending  a  hearing  and  a decision
affirming,   reversing   or   modifying   his   previous   action,   the
superintendent  may  suspend  or  postpone  the  effective  date  of his
previous action.
2023 New York Laws › ISC - Insurance › Article 23 - Property/casualty Insurance Rates › 2323 - Profitability and Rates of Return; Where Prior Approval Is Not Required.

* §  2323.  Profitability and rates of return; where prior approval is
not required. (a) The superintendent shall  by  regulation  establish  a
method  for  determining profitability, from whatever source profits are
derived, and rates of return on net worth, assets and  earned  premiums,
with respect to each kind of insurance subject to this article, based on
reasonable and uniform assumptions, including assumptions as to:
(1) amounts of net worth attributable to such kinds of insurance;
(2)  assets  available  for  investment  generated  by  such  kinds of
insurance;
(3) federal income taxes; and
(4) average earnings on insurers' investments.
(b) The regulation shall require insurers annually to  report  to  the
superintendent,  who  will  make  these reports available to the public,
concerning such profitability and rates of return.
(c) This  section  shall  be  applicable  to  kinds  of  insurance  or
insurance  activities the rates for which, pursuant to subsection (a) of
section two thousand three hundred five of this article, are not subject
to prior approval.
* NB Expires July 1, 2026
2023 New York Laws › ISC - Insurance › Article 23 - Property/casualty Insurance Rates › 2325 - Accounts and Statistics.

§  2325. Accounts and statistics. The superintendent shall have power,
  in his discretion, to prescribe by regulation,  uniform  classifications
  of  accounts  to  be observed, and statistics to be reported by insurers
  and other organizations which are subject  to  the  provisions  of  this
  article.  He  may also in his discretion prescribe, by regulation, forms
  of reporting such data by insurers and such  other  organizations.  Such
  classifications  of  accounts and statistics to be reported and forms of
  reporting shall be reasonable and may vary with  the  kind  or  type  of
  insurer  or  organization. No such regulation or amendment thereto shall
  be promulgated by  the  superintendent  except  upon  notice  and  after
  hearing   to  all  insurers  and  organizations  affected  thereby.  Any
  regulation  or  amendment  thereto   shall   be   promulgated   by   the
  superintendent  at least six months before the beginning of the calendar
  year in which the same shall take effect.
2023 New York Laws › ISC - Insurance › Article 23 - Property/casualty Insurance Rates › 2326 - Evaluation of Competitive Rating Provisions.

* §   2326.   Evaluation   of   competitive   rating  provisions.  The
  superintendent  shall  continuously  monitor  the   operation   of   the
  provisions  of  this  article  which  are  applicable  to  the  kinds of
  insurance or insurance activities  the  rates  for  which,  pursuant  to
  subsection  (a)  of  section  two  thousand  three  hundred five of this
  article, are not subject to prior approval.
* NB Expires July 1, 2026
2023 New York Laws › ISC - Insurance › Article 23 - Property/casualty Insurance Rates › 2327 - Verification of Driving History.

* §  2327. Verification of driving history. No insurer who utilizes an
  applicant's New York state driving history as a rating  or  underwriting
  factor for private passenger motor vehicle insurance in this state shall
  bind  a  policy  of  insurance,  or  process  a percentage of the annual
  premium due for a policy, without first making a good  faith  effort  to
  verify  said  applicant's New York state driving history, as well as the
  New York state driving history of all named drivers  that  are  used  to
  rate the policy and are listed by the applicant on the private passenger
  motor  vehicle  insurance  application, through the use of a third-party
  database. An insurer also shall verify, through a third-party  database,
  the  New  York  state driving history of a named driver used to rate the
  policy when added during the policy period, unless the  New  York  state
  driving history is unavailable at the time of the initial inquiry due to
  a  temporary website outage, service interruption or other circumstances
  beyond  the  control   of   the   insurer,   producer   or   third-party
  representative.
* NB Effective June 19, 2024
2023 New York Laws › ISC - Insurance › Article 23 - Property/casualty Insurance Rates › 2335-A - Prohibition of Rate Increases for Persons Involved in Emergency Use of Vehicles.

§  2335-a.  Prohibition  of  rate  increases  for  persons involved in
  emergency  use  of  vehicles.  No  insurer  authorized  to  transact  or
  transacting  business  in this state, or controlling or controlled by or
  under common control by or with an insurer  authorized  to  transact  or
  transacting business in this state, which sells a policy providing motor
  vehicle  liability  insurance  coverage in this state shall increase the
  policy premium in connection with the insurance permitted or required by
  this chapter  solely  because  the  insured  or  any  other  person  who
  customarily  operates  an  automobile  covered  by the policy has had an
  accident while operating a motor vehicle in response  to  an  emergency,
  where  the  insured was either responding to a call to duty as a paid or
  volunteer member of any police or fire department or first aid squad; or
  was performing any other function on behalf of the state, any  political
  subdivision  thereof, a public authority, public benefit corporation, or
  any other governmental agency or instrumentality in a public emergency.
2023 New York Laws › ISC - Insurance › Article 23 - Property/casualty Insurance Rates › 2336-A - Snowmobile Liability Insurance Rates; Premium Reductions in Certain Cases.

§  2336-a. Snowmobile liability insurance rates; premium reductions in
  certain cases. Any schedule of  rates  or  rating  plan  for  snowmobile
  liability  insurance  submitted to the superintendent may provide for an
  actuarially appropriate reduction in premium charges for any insured who
  has successfully completed a snowmobile safety  course  which  has  been
  approved   by   the  commissioner  of  parks,  recreation  and  historic
  preservation.
2023 New York Laws › ISC - Insurance › Article 23 - Property/casualty Insurance Rates › 2336-B - Boat Liability Insurance Rates; Premium Reductions in Certain Cases.

§  2336-b.  Boat  liability  insurance  rates;  premium  reductions in
certain cases. (a) Any  schedule  of  rates  or  rating  plan  for  boat
liability insurance submitted to the superintendent shall provide for an
appropriate  reduction  in  premium  charges,  as  described  in section
seventy-eight-a  of  the  navigation  law,  for  any  insured  who   has
successfully  completed  a  boating safety course or an advanced boating
safety course which meets the requirements of part five of article  four
of  the  navigation  law  and  has  been approved by the commissioner of
parks, recreation and historic  preservation.  The  provisions  of  this
section  shall  not apply to attendance at a course pursuant to sections
forty-five or forty-nine of the  navigation  law  as  a  result  of  any
boating infraction.
(b) For the purposes of this section:
(1) the term "boat" shall mean any residential or pleasure vessel that
is  not  a crew racing shell as defined in section two of the navigation
law.
(2) the term "boating  safety  course"  or  "advanced  boating  safety
course"  shall  mean  a  course  of  instruction  or  advanced course of
instruction that  has  been  approved  by  the  commissioner  of  parks,
recreation and historic preservation pursuant to section seventy-nine of
the navigation law.
(3)  the term "boating safety certificate" shall mean a document which
cannot be altered and which is provided to  a  person  who  successfully
completes  a  boating  safety  course  or advanced boating safety course
pursuant to section seventy-eight of the navigation law.
(c)  An  insurer,  upon  approval  of  the  superintendent,  may  upon
submission  of  a  completion  certificate  by  an  insured,  provide an
actuarially appropriate reduction of  the  premium  for  such  insured's
yacht or boating liability insurance.
(d)  The superintendent may establish, by rule or otherwise, standards
or guidelines to be used to accomplish the provisions of this section.
2023 New York Laws › ISC - Insurance › Article 23 - Property/casualty Insurance Rates › 2337 - Private Passenger Automobile Physical Damage Insurance; Statistics on Use of Anti-Theft Devices and the Maximum Discount for All Anti-Theft Devices.

§  2337.  Private  passenger  automobile  physical  damage  insurance;
statistics on use of anti-theft devices and the maximum discount for all
anti-theft devices.  (a) In accordance with procedures prescribed by the
superintendent pursuant to the provisions of subsection (a)  of  section
two  thousand  three hundred fifteen of this article, each insurer which
offers physical damage insurance subject to the  provisions  of  section
three  thousand  four  hundred  eleven  of  this  chapter shall maintain
statistics of the fire, theft and comprehensive insurance experience  of
its  insureds whose automobiles are and are not equipped with anti-theft
devices. Such statistics shall include the name, type  and  manufacturer
of   such   devices.  The  superintendent  shall  direct  that  insurers
appropriately  modify  the  premium  attributable  to  fire,  theft  and
comprehensive  coverages  for automobiles equipped with such devices, to
reflect reduced exposure to loss.
(b) The maximum discount on  theft  and  comprehensive  motor  vehicle
insurance  coverage  for  all  anti-theft  devices  provided for in this
article shall be an appropriate discount based solely on sound actuarial
practices and limited only by sound actuarial determinations.
2023 New York Laws › ISC - Insurance › Article 23 - Property/casualty Insurance Rates › 2338 - Appeal From Rate Service Organization Action.

§ 2338. Appeal from rate service organization action. (a) This section
shall  apply  only to kinds of insurance the rates for which are subject
to prior approval pursuant to subsection (b)  of  section  two  thousand
three hundred five of this article.
(b)  Any  member  of  or subscriber to a rate service organization may
appeal to the superintendent from the action or  decision  of  the  rate
service organization in approving or rejecting any proposed change in or
addition  to  its  filings. The superintendent, within thirty days after
the filing of such appeal, shall hold a hearing upon not less  than  ten
days'   written  notice  to  the  appellant  and  to  the  rate  service
organization. After the hearing the superintendent shall issue an  order
approving  the  action  or  decision of the rate service organization or
directing it to give further consideration to such proposal, or, if such
appeal is from the action or decision of the rate  service  organization
in rejecting a proposed addition to its filings, he may, in the event he
finds  that  such  action  or  decision was unreasonable, issue an order
directing the rate service organization  to  make  an  addition  to  its
filings,  on  behalf  of  its  members  and  subscribers,  in  a  manner
consistent with  his  findings,  within  a  reasonable  time  after  the
issuance of such order.
(c)  If  the  appeal  is  based  upon  the failure of the rate service
organization to make a filing on behalf of  such  member  or  subscriber
which  is  based  on  a  system  of expense provisions which differs, in
accordance with the right granted  in  subsection  (d)  of  section  two
thousand  three hundred four of this article, from the system of expense
provisions included in a filing made by the rate  service  organization,
the  superintendent  shall,  if  he  grants  the  appeal, order the rate
service organization to  make  the  requested  filing  for  use  by  the
appellant.  In  deciding  the  appeal the superintendent shall apply the
standards set forth in section two thousand three hundred three of  this
article.
2023 New York Laws › ISC - Insurance › Article 23 - Property/casualty Insurance Rates › 2340 - Credit Property Insurance.

§   2340.  Credit  property  insurance.  (a)  The  superintendent  may
promulgate  regulations  covering  the  business  of   credit   property
insurance.
(b) "Credit  property  insurance"  means  insurance against loss of or
damage to personal property covering a creditor's security  interest  in
such  property  when  insurance  is  written  as  a  part  of  a  credit
transaction.
2023 New York Laws › ISC - Insurance › Article 23 - Property/casualty Insurance Rates › 2342 - Expiration of Certain Provisions.

§ 2342. Expiration of certain provisions. The provisions of subsection
  (c)  of  section  two thousand three hundred seven, section two thousand
  three hundred eight,  subsection  (a)  of  section  two  thousand  three
  hundred  ten,  sections two thousand three hundred sixteen, two thousand
  three hundred twenty,  two  thousand  three  hundred  twenty-three,  two
  thousand  three  hundred  twenty-six,  and  two  thousand  three hundred
  thirty-five, and subsection (b) of section two  thousand  three  hundred
  thirty-six  of  this  article  shall  cease to be of any force or effect
  during the period August third, two thousand one through the day  before
  the  effective date of the property/casualty insurance availability act,
  and after June thirtieth, two thousand twenty-six.
2023 New York Laws › ISC - Insurance › Article 23 - Property/casualty Insurance Rates › 2345 - Disclosure of Premium Reductions and Surcharges.

§ 2345. Disclosure of premium reductions and surcharges.
(a)  Every authorized insurer shall specify the nature of each premium
reduction  or  surcharge  applied  on  a  non-commercial  motor  vehicle
insurance policy.
(b)   The   insurer   shall  also  specify  the  total  dollar  amount
attributable to all surcharges and the  dollar  amount  attributable  to
each reduction.
(c)  The  disclosures  shall  be  made on either the premium bill, the
declarations page or a notice  accompanying  the  premium  bill  or  the
declarations page, when the surcharge or reduction is initially made and
thereafter at each policy renewal.
2023 New York Laws › ISC - Insurance › Article 23 - Property/casualty Insurance Rates › 2346-A - Reduction in Rates of Certain Commercial Risk Insurance Premiums for Real Property.

§  2346-a.  Reduction  in  rates  of certain commercial risk insurance
  premiums for real property.   The superintendent shall  provide  for  an
  actuarially  appropriate  reduction in the rates of premiums for certain
  commercial risk insurance, as defined in subparagraph (A)  of  paragraph
  forty-seven  of  subsection  (a)  of  section  one hundred seven of this
  chapter, to a purchaser of such insurance and shall  also  provide  such
  reduction  to  a  public  entity  as  defined  in paragraph fifty-one of
  subsection (a) of section one hundred seven of this chapter for the loss
  of or damage to real  property  fitted  or  retrofitted  with  hurricane
  resistant laminated glass windows or doors.  The superintendent shall by
  regulation  establish  standards for hurricane resistant laminated glass
  windows and doors, including the safe and secure installation thereof.
2023 New York Laws › ISC - Insurance › Article 23 - Property/casualty Insurance Rates › 2347 - Workers' Compensation Rate Changes.

§  2347.  Workers'  compensation  rate  changes.  (a)  Any rate change
affecting the general rate level for the kind of insurance authorized by
paragraph fifteen of subsection (a) of section one thousand one  hundred
thirteen  of  this chapter and pursuant to the provisions of section two
thousand three hundred two of this article  shall  be  approved  by  the
department no later than the fifteenth day of July for the year in which
the  rate  change  is  to  take  effect, provided that (1) the filing is
submitted on or  after  the  fifteenth  day  of  April  and  before  the
fifteenth  day  of  July of that same year, and (2) any such rate change
shall not take effect until on or after October first of that same year.
(b) In all cases other than those described in subsection (a) of  this
section,  rate filings shall be approved by the department not less than
seventy-five days before the effective date of such rates filed.
(c) Every insurer shall notify any insured affected by a  rate  change
subject  to  this section affecting the general rate level made by it of
that change at least thirty days prior to the date of  any  billing  for
such  rate  change  made  by  the  insurer. Such notice shall include an
estimate of the increase as well as an explanation of the nature of  the
increase, and cost factors associated with said increase.
(d)  Premiums  based  upon  a  rate  change  subject  to  this section
affecting the general rate level shall be payable by an  insured  on  an
installment  basis  of  not  less  than  two payments per policy period,
should the insured so choose, for any policy with a premium in excess of
one thousand dollars.
(e) The department shall make available to the public a list  of  rate
changes  subject  to  this  section  affecting the general rate level by
industry classification within fifteen days from the date the department
approves any rate changes.
2023 New York Laws › ISC - Insurance › Article 23 - Property/casualty Insurance Rates › 2348 - Anti-Theft and Fraud Savings.

§  2348.  Anti-theft and fraud savings.  In the review and approval of
  rate filings submitted pursuant to section two  thousand  three  hundred
  twenty-eight  or  section  two  thousand  three  hundred  fifty  of this
  article, the superintendent shall take steps appropriate to ensure  that
  the  rates of each insurer reflect that insurer's savings resulting from
  reduced theft and fraud due to the impact of anti-theft  and  anti-fraud
  programs  supported  by  the  New York motor vehicle theft and insurance
  fraud prevention fund.
2023 New York Laws › ISC - Insurance › Article 23 - Property/casualty Insurance Rates › 2349 - Multi-Tier Program.

§  2349.  Multi-tier  program.  (a)  An  insurer  may make available a
multi-tier program, with more than one rate level in the  same  company,
for  private  passenger motor vehicle insurance in the voluntary market,
provided that:
(1) the program and the insurer's business plan encourage depopulation
of the assigned risk plan established by  article  fifty-three  of  this
chapter;
(2)  the  program  is based upon mutually exclusive underwriting rules
per tier, to the extent feasible;
(3) credits and surcharges pursuant to an approved rating plan can  be
applied on a per tier basis; and
(4)   the   program   conforms   to  regulations  promulgated  by  the
superintendent.
(b) For  an  insurer  with  an  approved  multi-tiering  program,  the
provisions  of  subsection  (f)  of  section three thousand four hundred
twenty-five of this chapter shall apply in all respects, except that the
two percent limitation set forth therein shall:
(1) not apply to any risk moved from a tier to a lower-rated tier; and
(2) be deemed to be three percent for risks moved from  a  tier  to  a
higher-rated tier.
2023 New York Laws › ISC - Insurance › Article 23 - Property/casualty Insurance Rates › 2351 - Homeowners' Insurance Policies.

§  2351.  Homeowners' insurance policies. (a) For the purposes of this
section, "homeowners insurance" means a contract of  insurance  insuring
against  the  contingencies described in subparagraphs (A), (B) and (C),
or (B) and (C) of paragraph two  of  subsection  (a)  of  section  three
thousand  four  hundred  twenty-five  of  this  chapter  and  which is a
"covered  policy"  of  personal  lines  insurance  as  defined  in  such
paragraph;  provided,  however,  that  the coverages provided under such
subparagraphs (B) and (C) shall not apply where the natural person  does
not  have  an  insurable  interest  in  the  real property, or a portion
thereof, or the residential unit in which such person resides.
(b) Multi-tier programs. An insurer may make  available  a  multi-tier
program  with  more  than  one  rate  level  in  the  same  company  for
homeowners' insurance in the voluntary market provided that:
(1) the program and the insurer's business plan encourage availability
of homeowners' insurance in the voluntary market for  insureds  in  high
risk areas, including coastal areas;
(2)  the  program  is  based  upon  mutually  exclusive  and objective
eligibility rules per tier, to the extent feasible; and
(3) credits can be applied on a per tier basis pursuant to an approved
rating plan.
(c) Prior to the approval of the provision  authorized  in  subsection
(b)  of  this  section,  the  superintendent  may  promulgate  rules and
regulations governing the application of such provision.
2023 New York Laws › ISC - Insurance › Article 23 - Property/casualty Insurance Rates › 2352 - Multiple Rating Programs.

§  2352. Multiple rating programs. (a) Subject to the superintendent's
prior approval, an insurer may establish more than  one  rating  program
within  the  same  company for policies of insurance that are subject to
section  three  thousand  four  hundred  twenty-five  or  section  three
thousand four hundred twenty-six of this chapter; provided that:
(1)  each rating program shall apply only to policies newly written on
or after the effective date of the  rating  program  but  prior  to  the
effective  date  of  any  subsequently approved rating program; provided
however if an insurer terminates a  rating  program,  then  the  insurer
shall  renew  the  policies  that  were subject to the terminated rating
program in a subsequently approved rating program.
(2) the provisions of subsection (f) of section  three  thousand  four
hundred  twenty-five  and  subsection  (b) of section two thousand three
hundred forty-nine of this chapter  shall  be  applied  to  each  rating
program to which they are applicable separately.
(b)  The  superintendent  may  promulgate  rules  and  regulations  to
implement the provisions of this section.
2023 New York Laws › ISC - Insurance › Article 23 - Property/casualty Insurance Rates › 2328 - Certain Motor Vehicle Insurance Rates; Prior Approval.

§  2328.  Certain  motor  vehicle  insurance rates; prior approval. No
  changes in rates, rating plans, rating rules and rate manuals applicable
  to motor vehicle insurance, including no-fault coverages  under  article
  fifty-one of this chapter, shall be made effective until approved by the
  superintendent,  notwithstanding  any  inconsistent  provisions  of this
  article. This section shall apply only to policies  covering  losses  or
  liabilities arising out of ownership of a motor vehicle used principally
  for  the transportation of persons for hire, including a bus or a school
  bus as defined in sections one hundred four and one hundred forty-two of
  the vehicle and traffic law.
2023 New York Laws › ISC - Insurance › Article 23 - Property/casualty Insurance Rates › 2329 - Motor Vehicle Insurance Rates; Excess Profits.

§  2329.  Motor vehicle insurance rates; excess profits. In accordance
  with regulations prescribed by the superintendent, each insurer  issuing
  policies  that  are  subject  to  article  fifty-one  of  this  chapter,
  including policies of motor vehicle personal injury liability  insurance
  or  policies  of  motor  vehicle  property damage liability insurance or
  insurance for loss or damage to a motor vehicle, shall establish a fair,
  practicable, and  nondiscriminatory  plan  for  refunding  or  otherwise
  crediting to those purchasing such policies their share of the insurer's
  excess  profit,  if  any,  on such policies. An excess profit shall be a
  profit beyond a percentage rate of return on net worth  attributable  to
  such  policies,  computed  in accordance with the regulation required by
  section two thousand three hundred twenty-three  of  this  article,  and
  determined by the superintendent to be so far above a reasonable average
  profit  as  to amount to an excess profit, taking into consideration the
  fact that losses or profits below a reasonable average profit  will  not
  be  recouped  from  such  policyholders. Each plan shall apply to policy
  periods for the periods January  first,  nineteen  hundred  seventy-four
  through  August  second, two thousand one, and the effective date of the
  property/casualty insurance availability act through June thirtieth, two
  thousand twenty-six. In prescribing such regulations the  superintendent
  may  limit  the duration of such plans, waive any requirement for refund
  or credit that  the  superintendent  determines  to  be  de  minimis  or
  impracticable,  adopt  forms  of  returns  that  shall  be  made  to the
  superintendent in order to establish the amount of any refund or  credit
  due,  establish periods and times for the determination and distribution
  of  refunds  and  credits,  and  shall  provide  that  insurers  receive
  appropriate  credit  against any refunds or credits required by any such
  plan for policyholder dividends and for return premiums that may be  due
  under rate credit or retrospective rating plans based on experience.
2023 New York Laws › ISC - Insurance › Article 23 - Property/casualty Insurance Rates › 2330 - No Fault Motor Vehicle Insurance Rates; Reflection of Reduced Exposure to Loss.

§  2330. No fault motor vehicle insurance rates; reflection of reduced
  exposure to loss. Where the principal operator of  a  motor  vehicle  or
  such  operator's  spouse  is eligible for medicare benefits for items of
  basic economic loss specified in paragraph  one  of  subsection  (a)  of
  section  five  thousand  one  hundred  two of this chapter, or where the
  insurer's obligation to pay first party benefits for  loss  of  earnings
  from work is reduced by virtue of the provisions of such subsection, the
  premium  attributable  to coverage under the automobile insurance policy
  for such items shall be appropriately modified to reflect the  insurer's
  reduced exposure to loss.
2023 New York Laws › ISC - Insurance › Article 23 - Property/casualty Insurance Rates › 2331 - Motor Vehicle Comprehensive Insurance Rates; Age, Sex or Marital Status.

§  2331.  Motor  vehicle  comprehensive  insurance  rates; age, sex or
  marital status. No filing of a rate, rating plan, rating  rule  or  rate
  manual  applicable to insurance for loss of or damage to a motor vehicle
  other  than  by  collision  or  upset,  shall   be   approved   by   the
  superintendent  if the filing is based, in whole or in part, on the age,
  sex or marital status of an  owner  or  operator  of  an  insured  motor
  vehicle unless such filing is supported by and reflective of actuarially
  sound statistical data.
2023 New York Laws › ISC - Insurance › Article 23 - Property/casualty Insurance Rates › 2332 - Non-Commercial Private Passenger Automobile Insurance Rates; Experienced and Inexperienced Principal Operators.

§  2332.  Non-commercial private passenger automobile insurance rates;
  experienced and  inexperienced  principal  operators.  With  respect  to
  non-commercial  private  passenger  automobiles,  no  filing  of a rate,
  rating plan, rating rule or rate  manual  applicable  to  motor  vehicle
  collision insurance, the insurance provided for in section five thousand
  one  hundred three of this chapter, bodily injury liability insurance or
  property  damage  liability  insurance  shall   be   approved   by   the
  superintendent  unless,  in  accordance with a regulation issued after a
  public hearing, the filing reflects  an  appropriate  rate  differential
  between an experienced and inexperienced principal operator.
2023 New York Laws › ISC - Insurance › Article 23 - Property/casualty Insurance Rates › 2333 - Non-Commercial Private Passenger Automobile Insurance Rates; Apportionment of Expenses.

§  2333.  Non-commercial private passenger automobile insurance rates;
  apportionment  of  expenses.  With  respect  to  non-commercial  private
  passenger  automobiles, no filing of a rate, rating plan, rating rule or
  rate manual applicable to insurance for loss of or  damage  to  a  motor
  vehicle, the insurance provided for in section five thousand one hundred
  three  of  this  chapter,  bodily injury liability insurance or property
  damage liability insurance shall be approved by the  superintendent,  if
  the  filing  allocates  all of an insurer's administrative expenses as a
  percentage of premium. Every insurer  shall  reasonably  apportion  such
  expenses  among  its  policyholders.  For  the  purpose of this section,
  administrative  expenses  includes  general  expenses  and   acquisition
  expenses other than commissions.
2023 New York Laws › ISC - Insurance › Article 23 - Property/casualty Insurance Rates › 2334 - Non-Commercial Private Passenger Automobile Insurance Rates; Merit Rating Plans.

§  2334.  Non-commercial private passenger automobile insurance rates;
merit rating plans. (a) The superintendent shall, after public  hearing,
promulgate  a  regulation,  which  may  be  amended  from  time to time,
applicable to  non-commercial  private  passenger  automobile  insurance
merit  rating plans which reflect an individual driver's experience with
respect to accidents, claims or traffic violations. The regulation shall
continue to encourage competition among insurers, but  shall  discourage
merit  rating  plan  provisions  which  may  tend to create confusion or
misunderstanding  among  insureds.  The   regulation   shall   establish
standards and limitations intended to insure that merit rating plans are
reasonable,   understandable   and   objective   and  are  not  unfairly
discriminatory, inequitable, violative of  public  policy  or  otherwise
contrary to the best interests of the people of this state.
(b) Insurers shall review their merit rating plans which were approved
by  the  superintendent  prior  to  the  promulgation  of the regulation
required by this section and  shall,  before  November  first,  nineteen
hundred  eighty-two,  file with the superintendent statements that their
merit rating plans conform with  the  regulation,  or  file  appropriate
amendments to their plans which will bring them into compliance with the
standards of the regulation. Such amendments shall become effective upon
approval by the superintendent.
2023 New York Laws › ISC - Insurance › Article 24 - Unfair Methods of Competition and Unfair and Deceptive Acts and Practices › 2401 - Purpose.

§  2401.  Purpose.  The  purpose  of this article is to regulate trade
  practices in the business of insurance, including the business  of  life
  settlements,  in  accordance with the intent of congress as expressed in
  Public Law  15,  79th  Congress,  by  defining,  or  providing  for  the
  determination  of,  all  such  practices  in  this state that constitute
  unfair methods of competition or unfair or deceptive acts  or  practices
  and by prohibiting the trade practices so defined or determined.
2023 New York Laws › ISC - Insurance › Article 24 - Unfair Methods of Competition and Unfair and Deceptive Acts and Practices › 2402 - Definitions.

§  2402.  Definitions.  In  this  article:
(a)  "Person"  means any
individual and any  legal  entity  subject  to  any  provision  of  this
chapter,  engaged  in the business of insurance in this state, including
any reciprocal exchange or Lloyds insurer, or in the  business  of  life
settlements.
(b)  "Defined  violation"  means  the commission by a person of an act
prohibited by: subsection (a) of section one thousand one  hundred  two,
section  one  thousand  two  hundred  fourteen, one thousand two hundred
seventeen, one thousand two hundred twenty, one thousand  three  hundred
thirteen, subparagraph (B) of paragraph two of subsection (i) of section
one thousand three hundred twenty-two, subparagraph (B) of paragraph two
of subsection (i) of section one thousand three hundred twenty-four, two
thousand  one  hundred  two,  two  thousand  one  hundred seventeen, two
thousand one hundred twenty-two, two thousand one hundred  twenty-three,
subsection  (p)  of section two thousand three hundred thirteen, section
two thousand three hundred twenty-four, two thousand five  hundred  two,
two  thousand  five  hundred  three, two thousand five hundred four, two
thousand six hundred one, two thousand six hundred two, two thousand six
hundred three, two thousand six hundred four, two thousand  six  hundred
six,  two  thousand  seven hundred three, two thousand nine hundred two,
two thousand nine hundred five, three thousand one hundred  nine,  three
thousand   two   hundred  twenty-four-a,  three  thousand  four  hundred
twenty-nine, three thousand four hundred thirty-three,  paragraph  seven
of  subsection  (e)  of  section three thousand four hundred twenty-six,
four  thousand  two  hundred  twenty-four,  four  thousand  two  hundred
twenty-five,  four thousand two hundred twenty-six, seven thousand eight
hundred nine, seven thousand eight hundred  ten,  seven  thousand  eight
hundred  eleven,  seven  thousand eight hundred thirteen, seven thousand
eight hundred fourteen and seven thousand eight hundred fifteen of  this
chapter;  or  section  135.60,  135.65,  175.05,  175.45,  or 190.20, or
article one hundred five of the penal law.
(c) "Determined violation" means any unfair method of  competition  or
any  unfair  or  deceptive  act  or  practice,  which  is  not a defined
violation but is determined by the superintendent  pursuant  to  section
two thousand four hundred five of this article to be such method, act or
practice.
2023 New York Laws › ISC - Insurance › Article 24 - Unfair Methods of Competition and Unfair and Deceptive Acts and Practices › 2403 - Unfair Methods of Competition or Unfair and Deceptive Acts or Practices Prohibited.

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