N.Y. Insurance Law Section 2323
Profitability and rates of return

  • where prior approval is not required

(a)

The superintendent shall by regulation establish a method for determining profitability, from whatever source profits are derived, and rates of return on net worth, assets and earned premiums, with respect to each kind of insurance subject to this article, based on reasonable and uniform assumptions, including assumptions as to:

(1)

amounts of net worth attributable to such kinds of insurance;

(2)

assets available for investment generated by such kinds of insurance;

(3)

federal income taxes; and

(4)

average earnings on insurers’ investments.

(b)

The regulation shall require insurers annually to report to the superintendent, who will make these reports available to the public, concerning such profitability and rates of return.

(c)

This section shall be applicable to kinds of insurance or insurance activities the rates for which, pursuant to subsection (a) of § 2305 (Rates or rating plans)section two thousand three hundred five of this article, are not subject to prior approval. * NB Expires July 1, 2026

Source: Section 2323 — Profitability and rates of return; where prior approval is not required, https://www.­nysenate.­gov/legislation/laws/ISC/2323 (updated Jul. 7, 2023; accessed Oct. 26, 2024).

2301
Purpose 2302
Applicability 2303
Standards for rates 2304
Rate making and supporting information 2305
Rates or rating plans 2306
Delegation of rate filing obligation 2307
Rating classifications or territories 2308
Imposition of prior approval 2309
Excess rate 2310
Informational filings 2311
Suspension of filing requirement 2312
Immigration bond premium 2313
Rate service organization 2314
Charging of rates 2315
Recording and reporting of experience 2316
Prohibition of anti-competitive behavior 2317
Joint underwriting or joint reinsurance 2318
Risk sharing plans 2319
Information to be furnished insureds 2320
Enforcement and penalties 2321
Enforcement and penalties 2322
Final determination 2323
Profitability and rates of return 2324
Rebating and discrimination 2325
Accounts and statistics 2326
Evaluation of competitive rating provisions 2327
Verification of driving history 2328
Certain motor vehicle insurance rates 2329
Motor vehicle insurance rates 2330
No fault motor vehicle insurance rates 2331
Motor vehicle comprehensive insurance rates 2332
Non-commercial private passenger automobile insurance rates 2333
Non-commercial private passenger automobile insurance rates 2334
Non-commercial private passenger automobile insurance rates 2335
Motor vehicle liability insurance rates 2335‑A
Prohibition of rate increases for persons involved in emergency use of vehicles 2336
Motor vehicle liability, comprehensive and collision insurance rates 2336‑A
Snowmobile liability insurance rates 2336‑B
Boat liability insurance rates 2337
Private passenger automobile physical damage insurance 2338
Appeal from rate service organization action 2339
Charging or receiving of rates 2340
Credit property insurance 2342
Expiration of certain provisions 2343
Medical malpractice insurance rates 2344
Flexible rate limitations in problem markets 2345
Disclosure of premium reductions and surcharges 2346
Reduction in rates of fire insurance, homeowners insurance or property/casualty premiums for residential property 2346‑A
Reduction in rates of certain commercial risk insurance premiums for real property 2347
Workers’ compensation rate changes 2348
Anti-theft and fraud savings 2349
Multi-tier program 2350
Flexible rating for nonbusiness automobile insurance policies 2351
Homeowners’ insurance policies 2352
Multiple rating programs 2353
For-hire motor vehicle safety program
Green check means up to date. Up to date

Accessed:
Oct. 26, 2024

Last modified:
Jul. 7, 2023

§ 2323’s source at nysenate​.gov

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