§ 2307 — Rating classifications or territories; policy forms

New York § 2307

• Jurisdiction: New York
• Law ISC: Insurance
• Art. 23: Property/casualty Insurance Rates

Text

§ 2307. Rating classifications or territories; policy forms. (a) No\ninsurer or rate service organization shall use a rating classification\nor territory unless it has been filed with the superintendent and either\nhe has approved it, or ninety days have elapsed and he has not\ndisapproved it as unfairly discriminatory or violative of public policy.\n (b) Except as otherwise provided herein, no policy form shall be\ndelivered or issued for delivery unless it has been filed with the\nsuperintendent and either he has approved it, or thirty days have\nelapsed and he has not disapproved it as misleading or violative of\npublic policy. After notice and hearing to the insurer or rate service\norganization which submitted a policy form for approval, the\nsuperintendent may withdraw approval of such form on finding that the\nuse of such form is contrary to the legal requirements applicable at the\ntime of withdrawal. The effective date of the withdrawal of approval\nshall be prescribed by the superintendent but shall be not less than\nninety days after notice of withdrawal. With regard to residual value\ninsurance, policy forms and any amendments thereto shall be filed with\nthe superintendent within thirty days of their use by the insurer. For\npurposes of this subsection, "residual value insurance" shall have the\nsame meaning as set forth in paragraph twenty-two of subsection (a) of\nsection one thousand one hundred thirteen of this chapter, provided\nhowever, for the purposes of this subsection such insurance shall only\nbe utilized for commercial purposes, and shall not include personal\nlines of insurance as defined in paragraph two of subsection (a) of\nsection three thousand four hundred twenty-five of this chapter or any\ncommercial auto insurance, and, provided further that applicants for\nsuch insurance shall sign a statement that the applicant has an\nappropriate level of knowledge and understanding of the use of residual\nvalue insurance.\n * (c) With respect to kinds of insurance or insurance activities the\nrates for which, pursuant to subsection (a) of section two thousand\nthree hundred five of this article, are not subject to prior approval,\nany requirement in subsections (a) and (b) of this section of filing\nwith or prior approval by the superintendent may be waived by regulation\nadopted by the superintendent after a public hearing.\n * NB Expires July 1, 2026\n (d) All policy forms and rating classifications and territories filed\nwith the superintendent shall be available for public inspection at the\ndepartment.\n (e) Policy forms for inland marine risks where the rates for such\nrisks by general custom of the business are not written according to\nmanual rates or rating plans shall not be filed pursuant to subsection\n(b) of this section, unless the superintendent directs that they be\nfiled.\n