§ 3103 — Non-conforming contracts

New York § 3103

• Jurisdiction: New York
• Law ISC: Insurance
• Art. 31: Insurance Contracts - General

Text

§ 3103. Non-conforming contracts. (a) Except as otherwise specifically\nprovided in this chapter, any policy of insurance or contract of annuity\ndelivered or issued for delivery in this state in violation of any of\nthe provisions of this chapter shall be valid and binding upon the\ninsurer issuing the same, but in all respects in which its provisions\nare in violation of the requirements or prohibitions of this chapter it\nshall be enforceable as if it conformed with such requirements or\nprohibitions.\n (b) No policy of insurance or contract of annuity delivered or issued\nfor delivery in this state shall provide that the rights or obligations\nof the insured or of any person rightfully claiming thereunder, with\nrespect to:\n (1) a policy of life, accident and health insurance or contract of\nannuity upon a person resident in this state,\n (2) a policy of insurance upon property then in this state, or\n (3) the liabilities to be incurred by the insured as a result of\nactivity then carried on by the insured in this state,\nshall be governed by the laws of any jurisdiction other than this state.\nThis subsection shall not apply to policies of marine insurance.\n (c) In any action to recover under the provisions of any policy of\ninsurance or contract of annuity delivered or issued for delivery in\nthis state which the superintendent is authorized by this chapter to\napprove if in his opinion its provisions are more favorable to\npolicyholders, the court shall enforce such policy or contract as if its\nprovisions were the same as those specified in this chapter unless the\ncourt finds that its actual provisions were more favorable to\npolicyholders at the date when the policy or contract was issued.\n