(b) This section shall not apply to the insurance of marine risks,
marine protection and indemnity risks, workers' compensation, employers'
liability risks, mortgage guaranty risks, financial guaranty risks,
risks insured for any dollar level of first party benefits provided
pursuant to article fifty-one of this chapter, certificates of title,
guaranties of title or policies of title insurance, or those insurers
subject to the provisions of subsection (c) of section two thousand
three hundred forty-three of this chapter.
(c) (1) An insurer, selling residual value insurance in this state
must at all times maintain surplus to policyholders in the aggregate
amount of no less than: (i) 0.3333 percent or 1/300th of the aggregate
net liability under guaranties of commercial real estate; (ii) 0.6666
percent or 1/150th of the aggregate net liability under guaranties of
commercial transportation, to include, but not inclusively, aircraft,
helicopters, vessels and railcars; (iii) one percent or 1/100th of the
aggregate net liability under guaranties of commercial industrial
equipment; (iv) with regard to all other residual value guarantees, four
percent or 1/25th of the aggregate net liability under such guarantees.
For purposes of subparagraphs (i) through (iv) of this paragraph
residual value is defined as set forth in paragraph twenty-two of
subsection (a) of section one thousand one hundred thirteen of this
article including financial transactions demonstrated to the
satisfaction of the superintendent to be the functional equivalent
thereof.
(2) An insurer, selling residual value insurance in this state shall
limit its exposure on any one risk, net of collateral and reinsurance to
an amount not to exceed ten percent of the aggregate of the insurer's
surplus to policyholders. For the purposes of this section reinsurance
must be placed with an authorized or accredited reinsurer in New York
state. The credit for collateral shall not exceed fifty percent of the
appraised value of the underlying asset at the date in the future that
the value of the property is guaranteed.
Structure New York Laws
Article 11 - Licensing of Insurers
1101 - Definitions; Doing an Insurance Business.
1102 - Insurer's License Required; Issuance.
1105 - Voluntarily Ceasing to Maintain License.
1106 - Additional Requirements for Foreign or Alien Insurer's License.
1107 - Licenses for Unincorporated Insurers.
1108 - Insurers Exempt From Licensing and Other Requirements.
1109 - Limited Exemption for Health Maintenance Organizations.
1110 - Charitable Annuity Societies Exempt; Special Permits.
1111 - Compulsory Insurance; Bonds of Surety Companies; Certificates of Qualification.
1112 - Reciprocal Provisions as to Taxes, License Fees, Deposits, and Other Requirements.
1113 - Kinds of Insurance Authorized.
1115 - Limitation of Risk, in General.
1116 - Prepaid Legal Services Plans and Legal Services Insurance.
1117 - Health Insurance Plans for Long Term Care.
1118 - Regional Pilot Projects for the Uninsured.
1119 - Limited Exemption for Continuing Care Retirement Communities.
1120 - Child Health Insurance Plan.
1121 - Voucher Insurance Program.
1122 - New York State Health Insurance Continuation Assistance Demonstration Project.
1123 - Immigration Bail Business.
1124 - Institutions of Higher Education Exempt; Certificate of Authority.