NY State Senate Bill 2011-S5811

Senate Bill S5811

Signed By Governor

2011-2012 Legislative Session

Exempts large commercial insureds from certain rate and policy form approval requirements

download bill text pdf

Archive: Last Bill Status - Signed by Governor

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Aug 17, 2011	signed chap.490
Aug 05, 2011	delivered to governor
Jun 22, 2011	returned to senate passed assembly ordered to third reading rules cal.588 substituted for a8464
Jun 21, 2011	referred to insurance delivered to assembly passed senate ordered to third reading cal.1445
Jun 17, 2011	referred to rules

Votes

- Jun 21, 2011 - Floor Vote
  S5811
  
  61
  
  Aye
  
  1
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 21, 2011
      
      aye (61)
      
      Adams
      
      Addabbo Jr.
      
      Alesi
      
      Avella
      
      Ball
      
      Bonacic
      
      Breslin
      
      Carlucci
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Duane
      
      Espaillat
      
      Farley
      
      Flanagan
      
      Fuschillo
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Grisanti
      
      Hannon
      
      Hassell-Thompson
      
      Huntley
      
      Johnson
      
      Kennedy
      
      Klein
      
      Krueger
      
      Kruger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Libous
      
      Little
      
      Marcellino
      
      Martins
      
      Maziarz
      
      McDonald
      
      Montgomery
      
      Nozzolio
      
      O'Mara
      
      Oppenheimer
      
      Parker
      
      Peralta
      
      Perkins
      
      Ritchie
      
      Rivera
      
      Robach
      
      Saland
      
      Sampson
      
      Savino
      
      Serrano
      
      Seward
      
      Skelos
      
      Smith
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Valesky
      
      Young
      
      Zeldin
      
      nay (1)
      
      Ranzenhofer
  Jun 21, 2011 - Rules Committee Vote
  S5811
  
  24
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 21, 2011
      
      aye (24)
      
      Alesi
      
      Breslin
      
      Dilan
      
      Duane
      
      Farley
      
      Hannon
      
      Hassell-Thompson
      
      Johnson
      
      Krueger
      
      LaValle
      
      Larkin
      
      Libous
      
      Marcellino
      
      Maziarz
      
      Montgomery
      
      Nozzolio
      
      Parker
      
      Perkins
      
      Saland
      
      Sampson
      
      Seward
      
      Skelos
      
      Smith
      
      Stewart-Cousins

2011-S5811 (ACTIVE) - Details

See Assembly Version of this Bill:: A8464
Law Section:: Insurance Law
Laws Affected:: Amd §§6301, 6302, 6303, 2307, 2320, 2321 & 3110, Ins L

2011-S5811 (ACTIVE) - Summary

Exempts large commercial insureds from certain rate and policy form approval requirements.

2011-S5811 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S5811

TITLE OF BILL:

An act
to amend the insurance law, in relation to exempting
insurers from certain rate and policy form approval
requirements
with respect to policies issued to large commercial insureds and from
certain policy form filing and approval
requirements with respect to certain inland marine
insurance policies

PURPOSE OF BILL:

This bill would exempt from certain rate and form approval
requirements policies written in New York for large commercial
insureds and special risks.

SUMMARY OF PROVISIONS:

Section 1 of the bill would amend Insurance Law § 6301(a) to require
the Superintendent of Insurance (the "Superintendent") to permit
exemptions from rate and form filing requirements for any of the
kinds of insurance specified in § 6301(b). Section 1 also would
amend § 6301(b) to allow an exemption pursuant to subsection (a)

for the kinds of insurance set forth in Insurance Law § 1113(a)(4)
through (14), (16), (17), (19) through (22), (27) and (29), and any
kind of insurance substantially similar thereto. However, the
Superintendent may not permit an exemption for insurance subject to
Insurance Law §§ 2305(b) (except medical malpractice insurance) or
2328, insurance required to satisfy any financial responsibility
requirement of New York, or a policy written on a group basis.

Section 2 would add a new Insurance Law § 6301(d), which would
provide that nothing in Article 63 of the Insurance Law shall exempt
any insurer, and any policy issued pursuant to Article 63, from any
applicable provision or standard in the Insurance Law, regulations
promulgated thereunder, or requirement of state law. Section 2 also
would add a new Insurance Law § 6301(e), which defines "medical
malpractice insurance" for the purposes of Article 63.

Section 3 would amend Insurance Law § 6302(b) to increase the special
license fee to $2,000 per year. Section 2 also would amend § 6302(c)
to state that a special license may be issued to: (1) an authorized
insurer that maintains at all times a surplus to policyholders of at
least 200% of the authorized control level as set forth in Article 13
of the Insurance Law, except that with respect to a policy issued to
a large commercial insured pursuant to Insurance Law § 6303(a)(3), an
authorized insurer that maintains at all times a surplus to
policyholders of at least 250% of the authorized control level as set
forth in Article 13 of the Insurance Law; (2) a United States branch
that maintains at all times a trusteed surplus of at least 200% of the
authorized control level as set forth in Article 13 of the Insurance
Law, except that with respect to a policy
issued pursuant to paragraph three of subsection (a) of section six


thousand three hundred three of this article, a United States branch
that maintains at all times a trusteed surplus of at least 250% of
the authorized control level as set forth in Article 13 of the
Insurance Law; or (3) until June 30, 2014, a domestic
property/casualty insurance company that maintains at all times a
surplus to policyholders of at least twice the minimum surplus to
policyholders required to be maintained for the kinds of insurance
that it is authorized to write in New York, or an insurer licensed
pursuant to Article 61 of the Insurance Law as a reciprocal insurer
that maintains at all times a surplus to policyholders of at least
the minimum surplus to policyholders required to be maintained for
the kinds of insurance that it is authorized to write in New York,
provided that the insurer has total direct premiums comprised of at
least 90% medical malpractice insurance, assumes reinsurance premiums
in an amount that is less than 5% of total direct premiums written,
and writes 90% of its total direct premiums in New York.

Section 4 would amend Insurance Law § 6303 to add a new exemption
until June 30, 2013 for a policy (other than a medical malpractice
insurance policy) issued to a large commercial insured that employs
or retains a special risk manager to assist in the negotiation and
purchase of a policy exempted under Article 63 of the Insurance Law,
provided, however, that:
(1) the special risk manager is not employed by the insurer issuing
the policy or any person in the insurer's holding company system; (2)
the special risk manager is licensed as an insurance producer in New
York pursuant to Article 21 of the Insurance Law, unless otherwise
exempt; (3) the insurer must file with the Superintendent a
certificate of insurance evidencing the existence and terms of the
policy within one business day of binding the insurance coverage; and
(4) policy forms that have not been previously filed with the
Superintendent must be filed with the Superintendent for
informational purposes within three business days after first
delivery of a policy using such form, but no later than 60 calendar
days after the inception date of such policy.

Section 4 also would amend § 6303 to add definitions of "large
commercial insured," "special risk manager," and "municipality," and
to permit the amounts specified in the definition of "large
commercial insured" to be adjusted for inflation. In addition,
Section 4 would amend § 6303 to require every policy issued pursuant
to Article 63 (except with regard to a policy issued to a large
commercial insured pursuant to Insurance Law § 6303(a)(3) to contain
a notice to the policyholder that the rate and policy form are not
subject to the filing requirements of New York and such other notices
required by the Superintendent pursuant to regulation. Every policy
issued to a large commercial insured must contain a notice to the
policyholder that the rates are not subject to the filing
requirements of New York and the policy forms are not subject to the
approval requirements of New York, and such other notices required by
the Superintendent pursuant to regulation.

Section 4 further would amend Insurance Law § 6303(e) to permit the
Superintendent to re-impose filing or approval requirements to the
extent that the Superintendent deems it in the interest of
policyholders.


Section 5 would amend Insurance Law § 2307 by adding a new subsection
(e), which states that 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 § 2307(b), unless the Superintendent directs that they be
filed.

Section 6 would amend Insurance Law § 2320(d) to state that § 2320
shall apply to kinds of insurance or insurance activities the rates
for which are not subject to prior approval and which are subject to
Article 23 of the Insurance Law.

Section 7 would amend Insurance Law § 2321(f) to state that § 2321
shall apply to kinds of insurance or insurance activities the rates
for which are subject to prior approval and which are subject to
Article 23 of the Insurance Law.

Section 8 would amend Insurance Law § 3110 to state that whenever by
the provisions of the Insurance Law an insurer may use a policy
form without obtaining the prior approval of the Superintendent,
the Superintendent may, after notice and hearing given to the
insurer, order the insurer to cease using such policy form, if the
use of such form is contrary to the requirements applicable to such
form at the time of the effective date of such order. Any such order
shall be effective at the expiration of such period, not less than
ninety days after the giving of a notice of cessation, as the
superintendent shall in such notice prescribe.

Section 9 states that the bill takes effect 90 days after it becomes
law.

EXISTING LAW:

Currently, Insurance Law § 6301 permits limited exemptions from rate
and policy form filing requirements for certain insurance
authorized to be written in New York. However, exemptions are not
permitted for the kinds of insurance set forth in Insurance Law
1113(a)(1) (life), (2) (annuities), (3) (accident and health), (15)
(workers' compensation), (18) (title), or (23) (mortgage guaranty
insurance), or for coverage for personal lines to natural persons for
nonbusiness purposes; provided, however, that the Superintendent may
allow an exemption for any risk pursuant to § 1113(a)(1), (2), or
(3) or for personal risk insurance (other than private passenger,
non-fleet automobile insurance) on the list maintained by the
Superintendent for unusual nature, high loss hazard or difficult to
place risks. Although an insurer may be exempt from filing and
approval requirements, the insurer, and any policy issued pursuant to
Article 63, is still subject to any applicable provision or standard
in the Insurance Law, regulations promulgated thereunder, or
requirement of state law.

Insurance Law § 6302 requires an authorized insurer to obtain a
special license from the Superintendent as a condition precedent to
obtaining an exemption. The annual fee for the special license is
$1,000 and may only be issued to: (1) an authorized insurer that
maintains at all times a surplus to policyholders of at least twice
the minimum surplus to policyholders required to be maintained for


the kinds of insurance that it is authorized to write in New York;
(2) a United States branch that maintains at all times a trusteed
surplus of at least twice the minimum trusteed surplus required to be
maintained for the kinds of insurance that it is authorized to write
in New York; or (3) an insurer initially licensed on or after July 1,
1982 pursuant to Article 41, 42, or 61 of the Insurance Law, if the
insurer at least meets the minimum trusteed surplus requirement
imposed upon the insurer by the provisions of the article pursuant to
which it was initially licensed.

Insurance Law § 6303 states that the exemption that may be granted
pursuant to Article 63 shall apply only if the business is
underwritten and transacted from an office within New York; and (1)
the risk, as defined in regulations of the Superintendent, produces a
minimum annual premium in excess of $100,000 or such higher amount as
the Superintendent may prescribe by regulation; or (2) the coverage
is for a risk or class of risks that is of an unusual nature, a high
loss hazard, or difficult to place, pursuant to a list promulgated or
amended by the Superintendent. The Superintendent has promulgated 11
NYCRR 16 (Regulation 86) to implement the provisions of Article 63.

Insurance Law § 2307(b) prohibits a policy form from being delivered
or issued for delivery if the Superintendent has disapproved it as
being misleading or violative of public policy. Pursuant to § 2307,
insurers must file all property/casualty policy forms for approval
with the Superintendent, unless specifically exempted.

Moreover, Insurance Law § 2320(d) states that § 2320 does not apply to
kinds of insurance or insurance activities the rates for which,
pursuant to Insurance Law §§ 2305(a), 2328, or 2344, are not subject
to prior approval, while Insurance Law § 2321(f) sets forth similar
language with regard to rates that are subject to prior approval.

Insurance Law § 3110 states that whenever by the provisions of the
Insurance Law the Superintendent is authorized to give approval of
any form of insurance policy or contract, the Superintendent may,
after notice and hearing given to the insurer that submitted such
form for approval, withdraw an approval previously given, if the use
of such form is contrary to the requirements applicable to such form
at the time of such withdrawal. Any such withdrawal is effective at
the expiration of such period, not less than ninety days after the
giving of notice of withdrawal, as the Superintendent shall in such
notice prescribe.

STATEMENT IN SUPPORT:

The Legislature enacted the predecessor section to Article 63 of the
Insurance Law in 1978 to encourage insurance producers to place their
large or unusual risks in the authorized New York market. At that
time, overseas and out-of-state companies, such as Lloyd's of London,
wrote the great majority of these risks. Article 63 was intended to
allow New York-authorized insurers to compete more effectively with
the London and out-of-state markets. The Superintendent promulgated
11 NYCRR 16 (Regulation 86), implementing Article 63.

This bill would expand the ability of New York-authorized insurers to
compete more effectively with the London and out-of-state markets, by


permitting them to apply an exemption under Article 63 for policies
issued to a "large commercial insured" that employs or retains a
"special risk manager" to assist in the negotiation and purchase of a
policy, so long as the special risk manager meets certain
qualifications and the insurer makes certain informational filings.
At the same time, the bill would provide safeguards by allowing the
Superintendent to re-impose filing and approval requirements where
and to the extent that the Superintendent deems it in the interest
of policyholders.

The bill also would exempt insurers from filing requirements with
respect to inland marine insurance policies where the rates for the
risks are not filed because by general custom of the business the
rates are not written according to manual rates or rating plans. This
exemption for the policy forms would follow the existing exemption
for the rates contained in § 2310.
Historically, the Superintendent has not required such policy forms to
be filed. This amendment would clarify the requirements for inland
marine insurance. The Superintendent would retain the right to impose
filing requirements.

The bill would also clarify that Article 63, in accordance with the
Department's longstanding interpretation, only exempts an insurer
from the filing requirements of the Insurance Law, and that the
insurer or any policy issued subject to Article 63 remains subject to
all other applicable provisions or standards in the Insurance Law,
regulations promulgated thereunder, and requirements of state law.

Collectively, these amendments would enhance the ability of insurers
to underwrite large and unusual risks in the New York market, and
would increase speed to market for certain insurance products not
currently exempted. Passage of this legislation would enhance the
competitiveness of New York's domestic insurers. The bill would also
strengthen the financial requirements for an insurer to place
coverage in the special risk market and enhances the Superintendent's
authority to take appropriate action to protect insureds where the
insurer does not abide by minimum standards and requirements.
Additionally, the bill would facilitate more streamlined economic
development in New York, as existing and emerging businesses that
need to insure large or unusual risks would have quick access to the
insurance products they need.

BUDGET IMPLICATIONS:

There are no budget implications from this bill.

EFFECTIVE DATE:

The bill would take effect 90 days after it becomes law.

2011-S5811 (ACTIVE) - Bill Text download pdf

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

                                  5811

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              June 17, 2011
                               ___________

Introduced by Sen. SEWARD -- (at request of the New York State Insurance
  Department)  -- read twice and ordered printed, and when printed to be
  committed to the Committee on Rules

AN ACT to amend the insurance law, in  relation  to  exempting  insurers
  from  certain  rate and policy form approval requirements with respect
  to policies issued to large commercial insureds and from certain poli-
  cy form filing and  approval  requirements  with  respect  to  certain
  inland marine insurance policies

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

  Section 1. Subsections (a) and (b) of section 6301  of  the  insurance
law are amended to read as follows:
  (a)  Notwithstanding any provision of this chapter, the superintendent
shall, pursuant to regulations promulgated by [him] THE  SUPERINTENDENT,
permit exemption from filing requirements only with respect to rates and
policy  forms,  where  applicable,  for  any  of  the kinds of insurance
[authorized to be written in this state] SPECIFIED IN SUBSECTION (B)  OF
THIS SECTION.
  (b)  [No]  AN  exemption  pursuant  to  subsection (a) hereof shall be
permitted in relation to the kinds of insurance set forth in  [paragraph
one,  two,  three,  fifteen,  eighteen  or twenty-three] PARAGRAPHS FOUR
THROUGH FOURTEEN, SIXTEEN, SEVENTEEN, NINETEEN THROUGH TWENTY-TWO, TWEN-
TY-SEVEN AND TWENTY-NINE, of subsection (a) of section one thousand  one
hundred  thirteen  of  this  chapter[,  or to] AND SUCH INSURANCE AS THE
SUPERINTENDENT DEEMS TO BE SUBSTANTIALLY SIMILAR TO ONE OF THE FOREGOING
KINDS, EXCEPT NO EXEMPTION  MAY  BE  PERMITTED  FOR:  (1)  coverage  for
personal  lines to natural persons for non-business purposes; (2) INSUR-
ANCE SPECIFIED IN SUBSECTION (B) OF SECTION TWO THOUSAND  THREE  HUNDRED
FIVE  OF  THIS CHAPTER, EXCEPT MEDICAL MALPRACTICE INSURANCE, OR SECTION
TWO THOUSAND THREE HUNDRED TWENTY-EIGHT OF THIS CHAPTER;  (3)  INSURANCE
REQUIRED  TO  SATISFY  ANY  FINANCIAL RESPONSIBILITY REQUIREMENT OF THIS

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13191-01-1

S. 5811                             2

STATE; OR (4) A POLICY WRITTEN ON A GROUP  BASIS.    However,  any  risk
pursuant  to  paragraph  one,  two  or  three of such subsection of such
section of this chapter or personal lines risk (except [private  passen-
ger,  non-fleet  automobile] MOTOR VEHICLE insurance COVERAGE TO NATURAL
PERSONS  FOR  NON-BUSINESS  PURPOSES)  shall  be  exempt   pursuant   to
subsection  (a)  hereof  if  it is included by the superintendent on the
list maintained by [him] THE SUPERINTENDENT pursuant to  subsection  (a)
of section six thousand three hundred three of this article.
  S  2.  Section  6301 of the insurance law is amended by adding two new
subsections (d) and (e) to read as follows:
  (D) NOTHING IN THIS ARTICLE SHALL EXEMPT ANY INSURER,  OR  ANY  POLICY
ISSUED PURSUANT TO THIS ARTICLE, FROM ANY APPLICABLE PROVISION OR STAND-
ARD  IN  THIS  CHAPTER,  REGULATIONS  PROMULGATED  THEREUNDER,  OR OTHER
REQUIREMENTS OF STATE LAW.
  (E) IN THIS ARTICLE, "MEDICAL MALPRACTICE INSURANCE" HAS  THE  MEANING
SET FORTH IN SUBSECTION (B) OF SECTION FIVE THOUSAND FIVE HUNDRED ONE OF
THIS CHAPTER.
  S  3. Section 6302 of the insurance law, paragraph 3 of subsection (c)
as amended by chapter 534 of the laws of 1985, is  amended  to  read  as
follows:
  S  6302.  Special  license.  (a) An authorized insurer, as a condition
precedent to the obtaining of such exemption,  shall  obtain  a  special
license from the superintendent.
  (b)  Before  such  special  license  shall  be  issued  or renewed the
prospective licensee shall file in the office of the  superintendent  an
application  in  such form and supplements thereto as the superintendent
prescribes.  Such license shall be subject to  annual  renewal  with  an
annual fee of [one] TWO thousand dollars.
  (c) Such license may only be issued to:
  (1)  an  authorized  insurer  [which]  THAT  maintains  at all times a
surplus to policyholders of at least [twice the minimum surplus to poli-
cyholders required to be maintained for the kinds of insurance which  it
is authorized to write in this state] TWO HUNDRED PERCENT OF THE AUTHOR-
IZED  CONTROL  LEVEL  AS  SET FORTH IN ARTICLE THIRTEEN OF THIS CHAPTER,
EXCEPT THAT WITH RESPECT TO A POLICY ISSUED PURSUANT TO PARAGRAPH  THREE
OF  SUBSECTION  (A)  OF SECTION SIX THOUSAND THREE HUNDRED THREE OF THIS
ARTICLE, AN AUTHORIZED INSURER THAT MAINTAINS AT ALL TIMES A SURPLUS  TO
POLICYHOLDERS  OF  AT  LEAST TWO HUNDRED FIFTY PERCENT OF THE AUTHORIZED
CONTROL LEVEL AS SET FORTH IN ARTICLE THIRTEEN OF THIS CHAPTER; OR
  (2) a United States branch [which] THAT maintains at all times a trus-
teed surplus of at least [twice the minimum trusteed surplus required to
be maintained for the kinds of insurance which it is authorized to write
in this state] TWO HUNDRED PERCENT OF THE AUTHORIZED  CONTROL  LEVEL  AS
SET  FORTH IN ARTICLE THIRTEEN OF THIS CHAPTER, EXCEPT THAT WITH RESPECT
TO A POLICY ISSUED PURSUANT TO PARAGRAPH  THREE  OF  SUBSECTION  (A)  OF
SECTION  SIX  THOUSAND  THREE  HUNDRED  THREE  OF THIS ARTICLE, A UNITED
STATES BRANCH THAT MAINTAINS AT ALL TIMES A TRUSTEED SURPLUS OF AT LEAST
TWO HUNDRED FIFTY  PERCENT OF THE AUTHORIZED CONTROL LEVEL  AS SET FORTH
IN ARTICLE THIRTEEN OF THIS CHAPTER; or
  (3) [an insurer initially licensed on or after  July  first,  nineteen
hundred  eighty-two  pursuant  to  article forty-one of this chapter, or
pursuant to article forty-two of this chapter as an accident and  health
insurer,  or pursuant to article sixty-one of this chapter as a recipro-
cal insurer, if such insurer is at least meeting the minimum surplus  to
policyholders  requirement  or  the minimum trusteed surplus requirement
imposed upon such insurer by the provisions of the article  pursuant  to

S. 5811                             3

which  it  was  initially  licensed]  UNTIL JUNE THIRTIETH, TWO THOUSAND
FOURTEEN, A DOMESTIC PROPERTY/CASUALTY INSURANCE COMPANY THAT  MAINTAINS
AT  ALL  TIMES  A SURPLUS TO POLICYHOLDERS OF AT LEAST TWICE THE MINIMUM
SURPLUS  TO  POLICYHOLDERS  REQUIRED  TO  BE MAINTAINED FOR THE KINDS OF
INSURANCE THAT IT IS AUTHORIZED TO WRITE IN THIS STATE,  OR  AN  INSURER
LICENSED  PURSUANT  TO ARTICLE SIXTY-ONE OF THIS CHAPTER AS A RECIPROCAL
INSURER THAT MAINTAINS AT ALL TIMES A SURPLUS  TO  POLICYHOLDERS  OF  AT
LEAST THE MINIMUM SURPLUS TO POLICYHOLDERS REQUIRED TO BE MAINTAINED FOR
THE  KINDS  OF  INSURANCE  THAT IT IS AUTHORIZED TO WRITE IN THIS STATE,
PROVIDED THAT THE DOMESTIC PROPERTY/CASUALTY INSURANCE COMPANY OR RECIP-
ROCAL INSURER: (A) HAS TOTAL DIRECT PREMIUMS COMPRISED OF AT LEAST NINE-
TY PERCENT MEDICAL MALPRACTICE INSURANCE; (B) ASSUMES REINSURANCE PREMI-
UMS IN AN AMOUNT THAT IS LESS THAN FIVE PERCENT OF TOTAL DIRECT PREMIUMS
WRITTEN; AND (C) WRITES NINETY PERCENT OF ITS TOTAL DIRECT  PREMIUMS  IN
THIS STATE.
  (d)  The  superintendent  may revoke, suspend, or refuse to renew such
license if, after notice and a hearing, [he]  THE  SUPERINTENDENT  finds
that  such  action will protect the best interests of the people of this
state.
  S 4. Section 6303 of the insurance law is amended to read as follows:
  S 6303. Limitations. (a) The exemption [which]  THAT  may  be  granted
pursuant  to this article shall apply only if the business is underwrit-
ten and transacted from an office within this state; and [(i)]:
  (1) the risk, as defined in regulations of the superintendent, produc-
es a minimum annual premium in excess of one hundred thousand dollars or
such higher amount as the superintendent may  prescribe  by  regulation;
[or (ii)]
  (2) the coverage is for a risk or class of risks which is of an unusu-
al nature, a high loss hazard, or difficult to place, pursuant to a list
promulgated or amended by the superintendent; OR
  (3)  UNTIL  JUNE  THIRTIETH,  TWO THOUSAND THIRTEEN, THE POLICY, OTHER
THAN A MEDICAL MALPRACTICE  INSURANCE  POLICY,  IS  ISSUED  TO  A  LARGE
COMMERCIAL  INSURED  THAT  EMPLOYS  OR RETAINS A SPECIAL RISK MANAGER TO
ASSIST IN THE NEGOTIATION AND PURCHASE OF A POLICY EXEMPTED  UNDER  THIS
ARTICLE, PROVIDED, HOWEVER, THAT:
  (A)(I) THE SPECIAL RISK MANAGER IS NOT EMPLOYED BY THE INSURER ISSUING
THE POLICY OR ANY PERSON IN THE INSURER'S HOLDING COMPANY SYSTEM; AND
  (II)  THE SPECIAL RISK MANAGER IS LICENSED AS AN INSURANCE PRODUCER IN
THIS STATE PURSUANT  TO  ARTICLE  TWENTY-ONE  OF  THIS  CHAPTER,  UNLESS
EXEMPTED FROM LICENSING THEREIN;
  (B)  THE  INSURER  SHALL FILE WITH THE SUPERINTENDENT A CERTIFICATE OF
INSURANCE EVIDENCING THE EXISTENCE AND TERMS OF THE  POLICY  WITHIN  ONE
BUSINESS DAY OF BINDING THE INSURANCE COVERAGE; AND
  (C)  A  POLICY FORM THAT HAS NOT BEEN PREVIOUSLY FILED WITH THE SUPER-
INTENDENT SHALL BE  FILED  WITH  THE  SUPERINTENDENT  FOR  INFORMATIONAL
PURPOSES  WITHIN  THREE  BUSINESS  DAYS AFTER FIRST DELIVERY OF A POLICY
USING SUCH FORM, BUT NO LATER THAN SIXTY CALENDAR DAYS AFTER THE  INCEP-
TION DATE OF SUCH POLICY.
  (b) [All policies] FOR THE PURPOSES OF THIS SECTION:
  (1)  "LARGE  COMMERCIAL INSURED" MEANS AN ENTITY THAT GENERATES ANNUAL
COMMERCIAL RISK INSURANCE PREMIUM, OTHER THAN  FOR  MEDICAL  MALPRACTICE
INSURANCE, IN EXCESS OF TWENTY-FIVE THOUSAND DOLLARS WITH RESPECT TO THE
KINDS  OF  INSURANCE  SPECIFIED  IN  PARAGRAPHS  FOUR  THROUGH FOURTEEN,
SIXTEEN, SEVENTEEN, NINETEEN THROUGH TWENTY-TWO, TWENTY-SEVEN AND  TWEN-
TY-NINE  OF  SUBSECTION (A) OF SECTION ONE THOUSAND ONE HUNDRED THIRTEEN

S. 5811                             4

OF THIS CHAPTER AND SUCH INSURANCE AS THE  SUPERINTENDENT  DEEMS  TO  BE
SUBSTANTIALLY SIMILAR TO ONE OF THE FOREGOING KINDS AND:
  (A)  HAS  A  NET WORTH OF AT LEAST SEVEN MILLION FIVE HUNDRED THOUSAND
DOLLARS AS OF THE INSURED'S FISCAL YEAR END  IMMEDIATELY  PRECEDING  THE
POLICY'S EFFECTIVE DATE;
  (B)  HAS GROSS ASSETS EXCEEDING TEN MILLION DOLLARS AND A NET WORTH OF
AT LEAST ONE MILLION FIVE HUNDRED THOUSAND DOLLARS AS OF  THE  INSURED'S
FISCAL YEAR END IMMEDIATELY PRECEDING THE POLICY'S EFFECTIVE DATE;
  (C) IS A FOR-PROFIT BUSINESS ENTITY THAT GENERATES ANNUAL GROSS REVEN-
UES  EXCEEDING  FIFTEEN MILLION DOLLARS, AND HAS A NET WORTH OF AT LEAST
ONE MILLION FIVE HUNDRED THOUSAND DOLLARS AS  OF  THE  INSURED'S  FISCAL
YEAR END IMMEDIATELY PRECEDING THE POLICY'S EFFECTIVE DATE;
  (D)  IS  A  FOR-PROFIT BUSINESS ENTITY THAT HAS GROSS ASSETS EXCEEDING
TEN MILLION  DOLLARS  AND  GENERATES  ANNUAL  GROSS  REVENUES  EXCEEDING
FIFTEEN  MILLION DOLLARS AS OF THE INSURED'S FISCAL YEAR END IMMEDIATELY
PRECEDING THE POLICY'S EFFECTIVE DATE;
  (E) IS A NOT-FOR-PROFIT ORGANIZATION OR PUBLIC ENTITY WITH  AN  ANNUAL
BUDGET  EXCEEDING  TWENTY  MILLION  DOLLARS FOR EACH OF ITS THREE FISCAL
YEARS IMMEDIATELY PRECEDING THE POLICY'S EFFECTIVE DATE;
  (F) HAS FIFTY EMPLOYEES OR, TOGETHER WITH ITS PARENT, SUBSIDIARIES AND
AFFILIATES, ONE HUNDRED EMPLOYEES, AS OF THE INSURED'S FISCAL  YEAR  END
IMMEDIATELY PRECEDING THE POLICY'S EFFECTIVE DATE; OR
  (G)  IS  A  MUNICIPALITY  WITH  A POPULATION OF FIFTY THOUSAND OR MORE
PERSONS.
  (2) "SPECIAL RISK MANAGER" MEANS A PERSON WHO MEETS ALL OF THE FOLLOW-
ING REQUIREMENTS:
  (A) THE PERSON IS AN EMPLOYEE OF, OR THIRD-PARTY  CONSULTANT  RETAINED
BY, THE LARGE COMMERCIAL INSURED;
  (B)  THE  PERSON  PROVIDES  SKILLED  SERVICES IN LOSS PREVENTION, LOSS
REDUCTION, OR RISK AND INSURANCE COVERAGE ANALYSIS AND  ASSESSMENT,  AND
PURCHASE OF INSURANCE; AND
  (C) THE PERSON:
  (I)(I) HAS A BACHELOR'S DEGREE OR HIGHER FROM AN ACCREDITED COLLEGE OR
UNIVERSITY IN RISK MANAGEMENT, BUSINESS ADMINISTRATION, FINANCE, ECONOM-
ICS,  OR ANY OTHER FIELD DETERMINED BY THE SUPERINTENDENT TO DEMONSTRATE
MINIMUM COMPETENCE IN RISK MANAGEMENT; AND
  (II)(AA)  HAS  FIVE  YEARS  OF  EXPERIENCE  IN  RISK  FINANCING,  LOSS
PREVENTION,  RISK  AND  INSURANCE  COVERAGE  ANALYSIS AND ASSESSMENT, OR
PURCHASING COMMERCIAL RISK INSURANCE; AND
  (BB) HAS:
  (AAA) A DESIGNATION AS A CHARTERED PROPERTY AND  CASUALTY  UNDERWRITER
(IN  THIS  CLAUSE REFERRED TO AS A "CPCU") ISSUED BY THE AMERICAN INSTI-
TUTE FOR CPCU/INSURANCE INSTITUTE OF AMERICA;
  (BBB) A DESIGNATION AS AN ASSOCIATE IN RISK MANAGEMENT (ARM) ISSUED BY
THE AMERICAN INSTITUTE FOR CPCU/INSURANCE INSTITUTE OF AMERICA;
  (CCC) A DESIGNATION AS CERTIFIED RISK  MANAGER  (CRM)  ISSUED  BY  THE
NATIONAL ALLIANCE FOR INSURANCE EDUCATION & RESEARCH;
  (DDD)  A DESIGNATION AS A RISK AND INSURANCE MANAGEMENT SOCIETY (RIMS)
FELLOW (RF) ISSUED BY THE GLOBAL RISK MANAGEMENT INSTITUTE; OR
  (EEE) ANY OTHER DESIGNATION, CERTIFICATION, OR LICENSE  DETERMINED  BY
THE SUPERINTENDENT TO DEMONSTRATE MINIMUM COMPETENCY IN RISK MANAGEMENT;
  (II)(I) HAS AT LEAST SEVEN YEARS OF EXPERIENCE IN RISK FINANCING, LOSS
PREVENTION,  RISK  AND  INSURANCE  COVERAGE  ANALYSIS AND ASSESSMENT, OR
PURCHASING COMMERCIAL RISK INSURANCE; AND

S. 5811                             5

  (II) HAS ANY ONE OF THE DESIGNATIONS  SPECIFIED  IN  SUBCLAUSES  (AAA)
THROUGH (EEE) OF SUBITEM (BB) OF CLAUSE (II) OF ITEM (I) OF THIS SUBPAR-
AGRAPH;
  (III)  HAS  AT  LEAST  TEN YEARS OF EXPERIENCE IN RISK FINANCING, LOSS
PREVENTION, RISK AND INSURANCE  COVERAGE  ANALYSIS  AND  ASSESSMENT,  OR
PURCHASING COMMERCIAL RISK INSURANCE; OR
  (IV) (I) HAS A GRADUATE DEGREE FROM AN ACCREDITED COLLEGE OR UNIVERSI-
TY  IN  RISK MANAGEMENT, BUSINESS ADMINISTRATION, FINANCE, ECONOMICS, OR
ANY OTHER FIELD DETERMINED BY THE SUPERINTENDENT TO DEMONSTRATE  MINIMUM
COMPETENCE IN RISK MANAGEMENT; AND
  (II)(AA)  HAS  AT  LEAST  THREE YEARS OF EXPERIENCE IN RISK FINANCING,
LOSS PREVENTION, RISK AND INSURANCE COVERAGE ANALYSIS AND ASSESSMENT, OR
PURCHASING COMMERCIAL RISK INSURANCE; OR
  (BB) HAS ANY ONE OF THE DESIGNATIONS  SPECIFIED  IN  SUBCLAUSES  (AAA)
THROUGH (EEE) OF SUBITEM (BB) OF CLAUSE (II) OF ITEM (I) OF THIS SUBPAR-
AGRAPH.
  (3) "MUNICIPALITY" SHALL MEAN ANY COUNTY, CITY, TOWN OR VILLAGE.
  (C)  EFFECTIVE  ON THE FIFTH JANUARY FIRST OCCURRING AFTER THE DATE OF
THE ENACTMENT OF THIS SUBSECTION AND EACH FIFTH JANUARY FIRST  OCCURRING
THEREAFTER,  THE AMOUNTS SPECIFIED IN PARAGRAPH ONE OF SUBSECTION (B) OF
THIS SECTION MAY BE ADJUSTED TO REFLECT THE PERCENTAGE CHANGE  FOR  SUCH
FIVE-YEAR  PERIOD  IN  THE  CONSUMER PRICE INDEX FOR ALL URBAN CONSUMERS
PUBLISHED BY THE BUREAU OF LABOR STATISTICS OF THE UNITED STATES DEPART-
MENT OF LABOR.   THE SUPERINTENDENT MAY  CONDUCT  A  PUBLIC  HEARING  TO
DETERMINE WHETHER SUCH INCREASE IS NECESSARY.
  (D)  (1) EXCEPT AS PROVIDED IN PARAGRAPH TWO OF THIS SUBSECTION, EVERY
POLICY issued pursuant to the provisions of this article shall contain a
notice to the policyholder that the rate and policy form are not subject
to the filing requirements of this state and such other notices required
by the superintendent pursuant to regulation.
  (2) EVERY POLICY ISSUED PURSUANT TO PARAGRAPH THREE OF SUBSECTION  (A)
OF  SECTION  SIX  THOUSAND  THREE  HUNDRED  THREE  OF THIS ARTICLE SHALL
CONTAIN A NOTICE TO THE POLICYHOLDER THAT THE RATES ARE NOT  SUBJECT  TO
THE  FILING  REQUIREMENTS  OF  THIS  STATE  AND THE POLICY FORMS ARE NOT
SUBJECT TO THE APPROVAL REQUIREMENTS  OF  THIS  STATE,  AND  SUCH  OTHER
NOTICES REQUIRED BY THE SUPERINTENDENT PURSUANT TO REGULATION.
  [(c)]  (E)  The superintendent may by regulation prescribe limitations
on the total amount of business [which] THAT  an  insurer  may  transact
pursuant  to  this  article  OR REIMPOSE FILING OR APPROVAL REQUIREMENTS
WHERE AND TO THE EXTENT THAT THE SUPERINTENDENT DEEMS IT IN THE INTEREST
OF THE POLICYHOLDERS.
  S 5. Section 2307 of the insurance law is  amended  by  adding  a  new
subsection (e) to read as follows:
  (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.
  S  6.  Subsection (d) of section 2320 of the insurance law, as amended
by chapter 235 of the laws of 1989, is amended to read as follows:
  (d) This section shall be applicable to kinds of insurance  or  insur-
ance  activities  the  rates  for  which[, pursuant to subsection (a) of
section two thousand three hundred  five,  section  two  thousand  three
hundred twenty-eight or section two thousand three hundred forty-four of
this  article,]  are not subject to prior approval AND WHICH ARE SUBJECT
TO THIS ARTICLE.

S. 5811                             6

  S 7. Subsection (f) of section 2321 of the insurance law,  as  amended
by chapter 235 of the laws of 1989, is amended to read as follows:
  (f)  This  section shall be applicable to kinds of insurance or insur-
ance activities the rates for which[,  pursuant  to  subsection  (b)  of
section  two  thousand  three  hundred  five, section two thousand three
hundred twenty-eight or section two thousand three hundred forty-four of
this article,] are subject to prior approval AND WHICH  ARE  SUBJECT  TO
THIS ARTICLE.
  S 8. Section 3110 of the insurance law is amended to read as follows:
  S  3110. Withdrawal of [approval of] any policy form.  (A) Whenever by
the provisions of this chapter the superintendent is authorized to  give
[his]  approval  of  any  form of insurance policy or contract, [he] THE
SUPERINTENDENT may, after  notice  and  hearing  given  to  the  insurer
[which]  THAT  submitted  such  form  for approval, withdraw an approval
previously given, if the use of such form is contrary  to  the  require-
ments  applicable  to such form at the time of such withdrawal. Any such
withdrawal shall be effective at the expiration of such period, not less
than ninety days after the giving of notice of withdrawal, as the super-
intendent shall in such notice prescribe.
  (B) WHENEVER BY THE PROVISIONS OF THIS CHAPTER AN INSURER  MAY  USE  A
POLICY  FORM WITHOUT OBTAINING THE PRIOR APPROVAL OF THE SUPERINTENDENT,
THE SUPERINTENDENT MAY, AFTER NOTICE AND HEARING GIVEN TO  THE  INSURER,
ORDER  THE  INSURER  TO CEASE USING SUCH POLICY FORM, IF THE USE OF SUCH
FORM IS CONTRARY TO THE REQUIREMENTS APPLICABLE TO SUCH FORM AT THE TIME
OF THE EFFECTIVE DATE OF SUCH ORDER. ANY SUCH ORDER SHALL  BE  EFFECTIVE
AT  THE  EXPIRATION  OF SUCH PERIOD, NOT LESS THAN NINETY DAYS AFTER THE
GIVING OF A NOTICE OF CESSATION, AS THE  SUPERINTENDENT  SHALL  IN  SUCH
NOTICE PRESCRIBE.
  S  9.  This  act shall take effect on the ninetieth day after it shall
have become a law; provided that the amendments  to  subsection  (d)  of
section  2320 of the insurance law made by section six of this act shall
not affect the expiration of such section and shall be deemed to  expire
therewith.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.