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2309 – Excess Rate.

§ 2309. Excess rate. Notwithstanding any other provisions of this article, upon the written application of the insured, stating the insured’s reasons therefor, filed with and approved by the superintendent, a rate in excess of the rate provided by a filing otherwise applicable may be used on any specific risk.

2310 – Informational Filings.

§ 2310. Informational filings. * (a) Every insurer and rate service organization shall furnish to the superintendent, on or before the date of their use, all changes in the rating rules and schedules of rates which are not subject to prior approval pursuant to subsection (b) of section two thousand three hundred five of this […]

2311 – Suspension of Filing Requirement.

§ 2311. Suspension of filing requirement. (a) Under such rules and regulations as he shall adopt, the superintendent may, by order, suspend or modify the requirements of filing as to any kind of insurance, subdivision or combination thereof, or as to classes of risks, the rates for which cannot practicably be filed before they are […]

2312 – Immigration Bond Premium.

§ 2312. Immigration bond premium. (a) The premium for giving an immigration bond or depositing money or property as immigration bail in any court having immigration jurisdiction or in any immigration action or proceeding shall not exceed ten per centum of the amount of such bond or deposit in actions where such bonds or deposits […]

2313 – Rate Service Organization; Defined.

§ 2313. Rate service organization; defined. (a) In this article, “rate service organization” means a person or any other entity which makes or files rates as permitted by this article, or which assists insurers in rate making or filing by collecting, compiling and furnishing loss or expense statistics, or by recommending rates or rate information, […]

2314 – Charging of Rates.

§ 2314. Charging of rates. No authorized insurer shall, and no licensed insurance agent, no title insurance agent, no employee or other representative of an authorized insurer, and no licensed insurance broker shall knowingly, charge or demand a rate or receive a premium that departs from the rates, rating plans, classifications, schedules, rules and standards […]

2315 – Recording and Reporting of Experience; Statistical Plans.

§ 2315. Recording and reporting of experience; statistical plans. (a) Every authorized insurer shall annually file with the rate service organization of which it is a member or subscriber, or with such other agency as the superintendent may approve, a statistical report showing a classification schedule of its premiums and losses on all kinds or […]

2316 – Prohibition of Anti-Competitive Behavior.

* § 2316. Prohibition of anti-competitive behavior. (a) (1) No insurer or rate service organization shall monopolize or attempt to monopolize, or combine or conspire with any other person or persons to monopolize, in any territory, the business of insurance or any kind, subdivision or class thereof. (2) No insurer or rate service organization shall […]

2317 – Joint Underwriting or Joint Reinsurance.

§ 2317. Joint underwriting or joint reinsurance. (a) Every group, association or other organization of insurers which engages in joint underwriting or joint reinsurance shall be subject to regulation with respect thereto as herein provided, subject, however, with respect to joint underwriting, to all other applicable provisions of this article and, with respect to joint […]

2318 – Risk Sharing Plans.

§ 2318. Risk sharing plans. Agreements may be made among insurers with respect to the equitable apportionment among them of insurance which may be afforded applicants who are in good faith entitled to but are unable to procure such insurance through ordinary methods, and such insurers may agree among themselves on the use of reasonable […]

2319 – Information to Be Furnished Insureds; Aggrieved Person.

§ 2319. Information to be furnished insureds; aggrieved person. (a) Every insurer and rate service organization shall within a reasonable time after receiving written request therefor, and upon payment of a reasonable charge, furnish to any insured affected by a rate made by it, or to the authorized representative of the insured, all pertinent information […]

2320 – Enforcement and Penalties; Where Prior Approval Is Not Required.

* § 2320. Enforcement and penalties; where prior approval is not required. (a) The superintendent may as often as he deems it expedient examine any insurer or rate service organization to ascertain whether its rating and underwriting practices are in accordance with law. Rate service organizations which make or file rates, whether or not advisory, […]

2321 – Enforcement and Penalties; Where Prior Approval Is Required.

§ 2321. Enforcement and penalties; where prior approval is required. (a) Rate service organizations shall be subject to examination by the superintendent, as often as he may deem it expedient, pursuant to the provisions of this chapter applicable to the examination of insurers. Rate service organizations which make rates, whether or not advisory, shall be […]

2322 – Final Determination; Procedure on Orders Without Hearing.

§ 2322. Final determination; procedure on orders without hearing. (a) After a final determination against an insurer, the amount of any overcharge received by such insurer during the pendency of the proceedings, with interest thereon, shall upon demand be refunded by the insurer to the persons entitled thereto. (b) Any insurer or rate service organization […]

2323 – Profitability and Rates of Return; Where Prior Approval Is Not Required.

* § 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 […]

2324 – Rebating and Discrimination.

§ 2324. Rebating and discrimination. (a) No authorized insurer, no licensed insurance agent, no licensed insurance broker, and no employee or other representative of any such insurer, agent or broker shall make, procure or negotiate any contract of insurance other than as plainly expressed in the policy or other written contract issued or to be […]

2325 – Accounts and Statistics.

§ 2325. Accounts and statistics. The superintendent shall have power, in his discretion, to prescribe by regulation, uniform classifications of accounts to be observed, and statistics to be reported by insurers and other organizations which are subject to the provisions of this article. He may also in his discretion prescribe, by regulation, forms of reporting […]

2326 – Evaluation of Competitive Rating Provisions.

* § 2326. Evaluation of competitive rating provisions. The superintendent shall continuously monitor the operation of the provisions of this article which are applicable to the 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 […]

2328 – Certain Motor Vehicle Insurance Rates; Prior Approval.

§ 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, […]

2329 – Motor Vehicle Insurance Rates; Excess Profits.

§ 2329. Motor vehicle insurance rates; excess profits. In accordance with regulations prescribed by the superintendent, each insurer issuing policies that are subject to article fifty-one of this chapter, including policies of motor vehicle personal injury liability insurance or policies of motor vehicle property damage liability insurance or insurance for loss or damage to a […]