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A6781Assembly2019-2020 SessionSame asS5327

Protect Small Insurers

Official title

“Enacts the small insurer protection act prohibiting the filing of an application for an order of rehabilitation or liquidation of a small insurer on certain grounds unless such order is based on certain findings”

Sponsor N. Nick PerryAD-58+1 co-sponsorAffects Finance
Status
In Assembly Committee
Insurance
Impact
5/10
Moderate
Passage
0%

Bill progress

Step 2 of 7

In committee · Insurance

What's happening

This bill protects small commercial auto insurers from certain rehabilitation or liquidation actions unless strict financial criteria are met.

Why it matters

  1. Strengthens stability for small insurers. By limiting when small commercial auto insurers can be placed into rehabilitation or liquidation, this bill helps these companies avoid abrupt regulatory actions unless clear financial or actuarial problems are present, potentially reducing market disruption.

  2. Encourages market competition and innovation. The protections are designed to make it less risky for new or smaller companies to enter New York’s commercial auto insurance market, possibly leading to more choices and innovative products for businesses seeking coverage.

  3. Establishes clear financial criteria for intervention. The bill sets specific financial and actuarial thresholds—such as insolvency as determined by examination, or failure to maintain adequate reserves—before regulators can initiate severe actions, providing clearer guidance for both insurers and regulators.

  4. Preserves regulatory oversight. While giving small insurers added protections, the legislation maintains the superintendent’s authority to conduct examinations and take other regulatory actions, ensuring that oversight and consumer protections remain intact.

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Who cares

Headline styles

Protect Small Insurers

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
N. Nick Perry

Assembly Member · Assembly District 58

1 Co-sponsor

History

  1. Referred to insurance
  2. Referred to insurance

Companion bill

The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.

S5327Senate

Protect Small Insurance Companies

In Senate Committee · Insurance · Sponsor Leroy Comrie

Impact 5 · Moderate0% to pass

Full text

2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

6781

2019-2020 Regular Sessions

IN ASSEMBLY

March 20, 2019

Introduced by M. of A. PERRY -- read once and referred to the Committee on Insurance

AN ACT to amend the insurance law, in relation to enacting the small insurer protection act

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. This act shall be known and may be cited as "the small insurer protection act".

§ 2. Legislative intent. The legislature intends to protect small insurance companies that write commercial automobile insurance within New York state, to encourage new entrants into the insurance market and novel insurance products, and to foster competition in the marketplace, which will benefit policyholders and the public.

§ 3. The insurance law is amended by adding a new section 7402-a to read as follows:

§ 7402-a. Small insurer rehabilitation or liquidation. 1. Notwithstanding any other provision of this chapter to the contrary, no application for an order of rehabilitation or liquidation of a small insurer as defined in this section shall be made on the grounds specified in subsection (a) or (c) of section seven thousand four hundred two of this article, unless such order is based on: (a) the superintendent's adoption of a report on examination, conducted in accordance with article three of this chapter, finding the company insolvent as defined in section one thousand three hundred nine of this chapter; or (b) the annual or quarterly financial statements of the company: (i) if the financial statements reflect that the company's admitted assets do not exceed its liabilities and surplus to policyholders; and (ii) the company does not maintain reserves in an amount determined reasonable by its independent loss reserve specialist or, if no independent loss reserve specialist is required, by its appointed actuary.

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD10756-03-9

A. 6781 2

2. Nothing in this section shall restrict the superintendent's right to direct an examination pursuant to section three hundred nine of this chapter, or otherwise interfere with the superintendent's regulatory authority as provided in this chapter, nor shall this provision be construed to restrict an insurer's rights and remedies in any judicial or administrative proceeding.

3. As used in this section:

(a) "small insurer" means a domestic property/casualty insurance company whose annual net direct written premiums written do not exceed twenty-five million dollars, at least seventy-five percent of which is from commercial automobile liability business; and

(b) "direct written premiums" means the gross direct written premiums less return premiums on such direct business.

§ 4. This act shall take effect on the thirtieth day after it shall have become a law. Effective immediately the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized to be made and completed on or before such date.

Reflowed for reading: line numbers and page breaks removed. Cite the official text.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.