This text of New York § 3208 (Antedating of life insurance policies and burial agreements prohibited) is published on Counsel Stack Legal Research, covering New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
§ 3208. Antedating of life insurance policies and burial agreements\nprohibited.
(a)No insurer shall knowingly deliver or issue for delivery\nin this state any policy of life insurance that purports to have been\nissued or to have taken effect more than six months before the date on\nwhich the application therefor was made, if thereby the premium is\nreduced below the premium that would be payable thereon as determined by\nthe insured's birthday nearest the date on which the application was\nmade.\n (b) No agent, other representative of an insurer or broker shall\nprepare, submit or accept in this state any application for life\ninsurance dated earlier than the date on which the application was made\nby the insured or the applicant, if thereby the premium is reduced as\nabove stated.\n
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§ 3208. Antedating of life insurance policies and burial agreements\nprohibited. (a) No insurer shall knowingly deliver or issue for delivery\nin this state any policy of life insurance that purports to have been\nissued or to have taken effect more than six months before the date on\nwhich the application therefor was made, if thereby the premium is\nreduced below the premium that would be payable thereon as determined by\nthe insured's birthday nearest the date on which the application was\nmade.\n (b) No agent, other representative of an insurer or broker shall\nprepare, submit or accept in this state any application for life\ninsurance dated earlier than the date on which the application was made\nby the insured or the applicant, if thereby the premium is reduced as\nabove stated.\n (c) This section shall not be construed to invalidate any contract\nmade in violation of the provisions hereof; nor to prohibit the\nexchange, alteration or conversion of any policy of life insurance as of\nthe original date thereof if the amount of insurance of the new policy\ndoes not exceed the greater of that of the original policy or that which\nthe premium paid for the original policy would have purchased if the new\npolicy had been originally applied for; nor to prohibit the exercise of\nany conversion privilege contained in any policy.\n (d) No person, firm, association, society, or corporation engaged in\nthis state in the business of providing for the payment of funeral,\nburial or other expenses of deceased members, whether or not it be\nsubject to the other provisions of this chapter, and no insurer shall:\n (1) deliver or issue for delivery in this state any contract or policy\nwhereby the benefit or any part thereof accruing under such contract or\npolicy, upon the death of such member or of the person insured, shall be\npayable to a designated or restricted funeral director or funeral\ndirecting concern or other person engaged in such trade or business, or\nto any official or designated group of them; or\n (2) pay any such benefit or any part thereof to any funeral director\nor funeral directing concern or other person engaged in such trade or\nbusiness or to any official or designated group of them, without the\nconsent of the person or persons entitled to such benefits, or to pay\nany commission or other consideration to any funeral director or funeral\ndirecting concern or employee thereof to induce such person to sell or\noffer to sell any contract or policy of insurance designated or marketed\nas payable for funeral or burial expenses upon the death of the insured;\nor\n (3) in any way deprive the personal representative or family of the\ndeceased of the advantages of competition in procuring and purchasing\nsupplies and services in connection with the funeral and burial\narrangements of such deceased.\n