S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  6276

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 27, 2009
                               ___________

Introduced  by  M.  of  A. COOK, GREENE, GOTTFRIED, JACOBS, ZEBROWSKI --
  Multi-Sponsored by -- M.  of A. BOYLAND, PHEFFER, TOWNS --  read  once
  and referred to the Committee on Insurance

AN  ACT  to amend the general business law, in relation to limited death
  benefit life insurance policies for persons aged sixty and over

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The general business law is amended by adding a new section
641 to read as follows:
  S 641. FINANCIAL REVIEW OF POLICY. 1. WHENEVER A LIFE INSURANCE POLICY
OR  CERTIFICATE OF INSURANCE IS DELIVERED OR ISSUED FOR DELIVERY IN THIS
STATE TO AN APPLICANT AT AGE SIXTY AND OVER, WHICH LIMITS DEATH BENEFITS
DURING A PERIOD FOLLOWING THE INCEPTION DATE OF THE POLICY OR WHERE  THE
ACCUMULATED  PREMIUMS  EXCEED  THE DEATH BENEFIT AT ANY POINT DURING THE
FIRST TEN YEARS, THE INSURER SHALL PROVIDE THE INSURED WITH A COPY OF  A
"FINANCIAL  REVIEW  OF  POLICY" FORM OF AT LEAST TEN POINT IN SIZE. SUCH
FORM SHALL USE SUBSTANTIALLY  THE  SAME  FORMAT  AND  TERMINOLOGY  SHOWN
BELOW,  AND  SHALL  HAVE  COMPLETE  INFORMATION PROVIDED FOR ANY AND ALL
BLANK SPACE.
                       FINANCIAL REVIEW OF POLICY
      NOTICE: YOU SHOULD REVIEW THIS  FORM  AND  YOUR  POLICY  AND
      DECIDE  IF  THE  POLICY  IS SUITABLE FOR YOU. IF YOU ARE NOT
      ENTIRELY SATISFIED, PURSUANT TO NEW YORK STATE LAW, YOU  MAY
      RETURN  THE  POLICY  WITHIN  THIRTY  DAYS  FROM THE DATE YOU
      RECEIVE IT AND OBTAIN A FULL REFUND OF  ANY  PREMIUMS  PAID.
      THIS  IS  A  POLICY  OFFERED  WITHOUT AN ATTEMPT TO CLASSIFY
      RISKS BY DETERMINING YOUR STATE OF HEALTH. PREMIUMS MAY HAVE
      BEEN LOWER IF HEALTH INFORMATION HAD BEEN OBTAINED.
      APPLICANT INFORMATION:
      NAME:                       AGE:        SEX:
(1)         (2)       (3)           (4)         (5)

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01278-01-9
              

A. 6276                             2

                                                            COL 3
                      PREM-                                 MINUS
                      IUMS                                  COL 2
END OF      ANNUAL    ACCUM-                    CASH        NET
POLICY      PREM-     ULATING                   SURREN-     GAIN
YEAR        IUM       INTEREST      DEATH       DER         (NET
                      AT 5%         BENEFITS    VALUE       LOSS)
__________________________________________________________________
1
2
3
4
5
6
7
8
9
10

  DEFINITIONS.  THE  FOLLOWING  TERMS  USED IN THE ABOVE CHART ARE
DEFINED AS:
  1. ANNUAL PREMIUM -- AMOUNT YOU MUST PAY EACH YEAR TO KEEP  THIS
POLICY IN FORCE.
  2. PREMIUMS ACCUMULATING INTEREST AT 5% -- AMOUNT WHICH COULD BE
EARNED  IF,  INSTEAD  OF PURCHASING INSURANCE, THE PREMIUM DOLLARS
PAID TO THE INSURER WERE LEFT TO ACCUMULATE AT 5% INTEREST.
  3. DEATH BENEFITS -- AMOUNT THAT WILL BE PAID UPON DEATH, EXCLU-
SIVE OF ANY SUPPLEMENTARY BENEFITS.
  4. CASH SURRENDER VALUE -- AMOUNT THE INSURANCE COMPANY WILL PAY
YOU IF YOU SURRENDER YOUR POLICY TO THE COMPANY FOR CASH.
  5. NET GAIN OR LOSS -- THIS  COLUMN  SHOWS  WHETHER  YOUR  MONEY
WOULD  HAVE  EARNED  MORE  OR  LESS  AT 5% INTEREST THAN YOUR LIFE
INSURANCE BENEFIT.
  2. ANY CONSUMER INJURED BY A VIOLATION OF THIS SECTION  MAY  BRING  AN
ACTION  FOR RECOVERY OF DAMAGES. JUDGMENT SHALL BE ENTERED IN FAVOR OF A
CONSUMER IN AN AMOUNT NOT TO EXCEED THREE TIMES THE  ACTUAL  DAMAGES  OR
ONE HUNDRED DOLLARS WHICHEVER IS GREATER. THE COURT MAY AWARD REASONABLE
ATTORNEY'S FEES TO A PREVAILING PLAINTIFF.
  3. IN ADDITION TO THE OTHER REMEDIES PROVIDED, WHENEVER THERE SHALL BE
A  VIOLATION  OF  THIS  SECTION, APPLICATION MAY BE MADE BY THE ATTORNEY
GENERAL IN THE NAME OF THE PEOPLE OF THE STATE OF NEW YORK TO A COURT OR
JUSTICE HAVING JURISDICTION BY A SPECIAL PROCEEDING TO ISSUE AN  INJUNC-
TION,  AND  UPON  NOTICE TO THE DEFENDANT OF NOT LESS THAN FIVE DAYS, TO
ENJOIN AND RESTRAIN THE CONTINUANCE OF SUCH VIOLATIONS; AND IF IT  SHALL
APPEAR  TO  THE  SATISFACTION OF THE COURT OR JUSTICE THAT THE DEFENDANT
HAS, IN FACT, VIOLATED THIS ARTICLE, AN INJUNCTION MAY BE ISSUED BY SUCH
COURT OR JUSTICE, ENJOINING AND RESTRAINING ANY FURTHER VIOLATION, WITH-
OUT REQUIRING PROOF THAT ANY  PERSON  HAS,  IN  FACT,  BEEN  INJURED  OR
DAMAGED  THEREBY.  IN ANY SUCH PROCEEDING, THE COURT MAY MAKE ALLOWANCES
TO THE ATTORNEY GENERAL AS PROVIDED IN PARAGRAPH SIX OF SUBDIVISION  (A)
OF  SECTION  EIGHTY-THREE  HUNDRED  THREE  OF THE CIVIL PRACTICE LAW AND
RULES, AND DIRECT RESTITUTION. WHENEVER THE COURT SHALL DETERMINE THAT A
VIOLATION OF THIS ARTICLE HAS OCCURRED, THE COURT  MAY  IMPOSE  A  CIVIL
PENALTY  OF  NOT  MORE  THAN FIVE HUNDRED DOLLARS FOR EACH VIOLATION. IN
CONNECTION WITH ANY SUCH PROPOSED APPLICATION, THE ATTORNEY  GENERAL  IS
AUTHORIZED  TO TAKE PROOF AND MAKE A DETERMINATION OF THE RELEVANT FACTS

A. 6276                             3

AND TO ISSUE SUBPOENAS IN ACCORDANCE WITH THE  CIVIL  PRACTICE  LAW  AND
RULES.
  S  2. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law.