S T A T E   O F   N E W   Y O R K
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                                  8464

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              June 17, 2011
                               ___________

Introduced  by  M.  of  A.  MORELLE -- (at request of the New York State
  Insurance Department) -- read once and referred to  the  Committee  on
  Insurance

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
              

A. 8464                             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

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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

A. 8464                             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

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  (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.

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  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.