(b) Except as otherwise provided herein, no policy form shall be
delivered or issued for delivery unless it has been filed with the
superintendent and either he has approved it, or thirty days have
elapsed and he has not disapproved it as misleading or violative of
public policy. After notice and hearing to the insurer or rate service
organization which submitted a policy form for approval, the
superintendent may withdraw approval of such form on finding that the
use of such form is contrary to the legal requirements applicable at the
time of withdrawal. The effective date of the withdrawal of approval
shall be prescribed by the superintendent but shall be not less than
ninety days after notice of withdrawal. With regard to residual value
insurance, policy forms and any amendments thereto shall be filed with
the superintendent within thirty days of their use by the insurer. For
purposes of this subsection, "residual value insurance" shall have the
same meaning as set forth in paragraph twenty-two of subsection (a) of
section one thousand one hundred thirteen of this chapter, provided
however, for the purposes of this subsection such insurance shall only
be utilized for commercial purposes, and shall not include personal
lines of insurance as defined in paragraph two of subsection (a) of
section three thousand four hundred twenty-five of this chapter or any
commercial auto insurance, and, provided further that applicants for
such insurance shall sign a statement that the applicant has an
appropriate level of knowledge and understanding of the use of residual
value insurance.
* (c) With respect to kinds of insurance or insurance activities the
rates for which, pursuant to subsection (a) of section two thousand
three hundred five of this article, are not subject to prior approval,
any requirement in subsections (a) and (b) of this section of filing
with or prior approval by the superintendent may be waived by regulation
adopted by the superintendent after a public hearing.
* NB Expires July 1, 2026
(d) All policy forms and rating classifications and territories filed
with the superintendent shall be available for public inspection at the
department.
(e) Policy forms for inland marine risks where the rates for such
risks by general custom of the business are not written according to
manual rates or rating plans shall not be filed pursuant to subsection
(b) of this section, unless the superintendent directs that they be
filed.
Structure New York Laws
Article 23 - Property/casualty Insurance Rates
2304 - Rate Making and Supporting Information.
2305 - Rates or Rating Plans; No Prior Approval; Prior Approval.
2306 - Delegation of Rate Filing Obligation.
2307 - Rating Classifications or Territories; Policy Forms.
2308 - Imposition of Prior Approval.
2311 - Suspension of Filing Requirement.
2312 - Immigration Bond Premium.
2313 - Rate Service Organization; Defined.
2315 - Recording and Reporting of Experience; Statistical Plans.
2316 - Prohibition of Anti-Competitive Behavior.
2317 - Joint Underwriting or Joint Reinsurance.
2319 - Information to Be Furnished Insureds; Aggrieved Person.
2320 - Enforcement and Penalties; Where Prior Approval Is Not Required.
2321 - Enforcement and Penalties; Where Prior Approval Is Required.
2322 - Final Determination; Procedure on Orders Without Hearing.
2323 - Profitability and Rates of Return; Where Prior Approval Is Not Required.
2324 - Rebating and Discrimination.
2325 - Accounts and Statistics.
2326 - Evaluation of Competitive Rating Provisions.
2328 - Certain Motor Vehicle Insurance Rates; Prior Approval.
2329 - Motor Vehicle Insurance Rates; Excess Profits.
2330 - No Fault Motor Vehicle Insurance Rates; Reflection of Reduced Exposure to Loss.
2331 - Motor Vehicle Comprehensive Insurance Rates; Age, Sex or Marital Status.
2333 - Non-Commercial Private Passenger Automobile Insurance Rates; Apportionment of Expenses.
2334 - Non-Commercial Private Passenger Automobile Insurance Rates; Merit Rating Plans.
2335-A - Prohibition of Rate Increases for Persons Involved in Emergency Use of Vehicles.
2336-A - Snowmobile Liability Insurance Rates; Premium Reductions in Certain Cases.
2336-B - Boat Liability Insurance Rates; Premium Reductions in Certain Cases.
2338 - Appeal From Rate Service Organization Action.
2339 - Charging or Receiving of Rates; Deviations.
2340 - Credit Property Insurance.
2342 - Expiration of Certain Provisions.
2343 - Medical Malpractice Insurance Rates; Special Additional Provisions Regarding Such Rates.
2344 - Flexible Rate Limitations in Problem Markets.
2345 - Disclosure of Premium Reductions and Surcharges.
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.
2350 - Flexible Rating for Nonbusiness Automobile Insurance Policies.
2351 - Homeowners' Insurance Policies.