N.Y.
Insurance Law Section 6301
Special risks
- filing exemption
(a)
Notwithstanding any provision of this chapter, the superintendent shall, pursuant to regulations promulgated by the superintendent, permit exemption from filing requirements only with respect to rates and policy forms, where applicable, for any of the kinds of insurance specified in subsection (b) of this section.(b)
An exemption pursuant to subsection (a) hereof shall be permitted in relation to the kinds of insurance set forth in paragraphs four through fourteen, sixteen, seventeen, nineteen through twenty-two, twenty-seven and twenty-nine, of subsection (a) of § 1113 (Kinds of insurance authorized)section one thousand one hundred thirteen of this chapter and such insurance as the superintendent deems to be substantially similar to one of the foregoing kinds, except no exemption may be permitted for:(1)
coverage for personal lines to natural persons for non-business purposes;(2)
insurance specified in subsection (b) of § 2305 (Rates or rating plans)section two thousand three hundred five of this chapter, except medical malpractice insurance, or § 2328 (Certain motor vehicle insurance rates)section two thousand three hundred twenty-eight of this chapter;(3)
insurance required to satisfy any financial responsibility requirement of this state; or(4)
a policy written on a group basis. However, any risk pursuant to paragraph one, two or three of such subsection of such section of this chapter or personal lines risk (except motor vehicle insurance coverage to natural persons for non-business purposes) shall be exempt pursuant to subsection (a) hereof if it is included by the superintendent on the list maintained by the superintendent pursuant to subsection (a) of § 6303 (Limitations)section six thousand three hundred three of this article.(c)
An exemption granted pursuant to this section shall apply only to authorized insurers complying with this chapter, except that it shall not apply to insurers subject to article 66 (Co-operative Property/casualty Insurance Companies)article sixty-six of this chapter. The exemption shall not be an exemption for joint underwriting or joint reinsurance transactions pursuant to § 2317 (Joint underwriting or joint reinsurance)section two thousand three hundred seventeen of this chapter.(d)
Nothing in this article shall exempt any insurer, or any policy issued pursuant to this article, from any applicable provision or standard in this chapter, regulations promulgated thereunder, or other requirements of state law.(e)
In this article, “medical malpractice insurance” has the meaning set forth in subsection (b) of § 5501 (Definitions)section five thousand five hundred one of this chapter.
Source:
Section 6301 — Special risks; filing exemption, https://www.nysenate.gov/legislation/laws/ISC/6301 (updated Sep. 22, 2014; accessed Oct. 26, 2024).
