N.Y. Insurance Law Section 2328
Certain motor vehicle insurance rates

  • prior approval
For the periods February first, nineteen hundred seventy-four through August second, two thousand one, and the effective date of the property/casualty insurance availability act through June thirtieth, two thousand twenty-six, no changes in rates, rating plans, rating rules and rate manuals applicable to motor vehicle insurance, including no-fault coverages under article 51 (Comprehensive Motor Vehicle Insurance Reparations)article fifty-one of this chapter, shall be made effective until approved by the superintendent, notwithstanding any inconsistent provisions of this article; provided, however, that changes in such rates, rating plans, rating rules and rate manuals may be made effective without such approval if the rates that result from such changes are no higher than the insurer’s rates last approved by the superintendent. This section shall apply only to policies covering losses or liabilities arising out of ownership of a motor vehicle used principally for the transportation of persons for hire, including a bus or a school bus as defined in sections one hundred four and one hundred forty-two of the vehicle and traffic law.

Source: Section 2328 — Certain motor vehicle insurance rates; prior approval, https://www.­nysenate.­gov/legislation/laws/ISC/2328 (updated Jul. 7, 2023; accessed Nov. 25, 2023).

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 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:
Nov. 25, 2023

Last modified:
Jul. 7, 2023

§ 2328’s source at nysenate​.gov

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