What is an insurer required to have in order to conduct business in the state of New York?

Asked by: Dr. Dasia Watsica I  |  Last update: March 24, 2025
Score: 4.5/5 (5 votes)

In order to transact an insurance business in this state, any person firm, association, corporation or joint-stock company must have a license issued and in force. The requirements for licensing are specified in N.Y. Ins.

What is article 43 of the New York state Insurance Law?

Corporations subject to Article 43 of New York Insurance Law shall not solicit the purchase of, or enter into, any contract with any individual or group until it has obtained from the Superintendent of Financial Services a permit to do so.

What describes an insurance company doing business in the state where it is incorporated?

Domestic Insurer - an insurance company that is domiciled and licensed in the state in which it sells insurance.

What must an insurer obtain in order to transact insurance within a given state?

All insurers (domestic, foreign, or alien) must obtain a Certificate of Authority before transacting insurance within a given state.

What is an authorized insurer?

An authorized insurer is an individual or company that meets a state insurance department's standard and is authorized by the responsible authority to do business in the given state, also known as an admitted insurer.

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What are the 3 types of authority in insurance?

2.3. 1 Agent Authority
  • Express Authority. Express authority is the authority that an agent has in writing in the contract with the insurer that the agent represents. ...
  • Implied Authority. Implied authority is authority that is given not in writing but that is necessary for the agent to transact insurance. ...
  • Apparent Authority.

What is an unauthorized insurer?

An unauthorized insurer is an insurance company that is operating without the permission or oversight of its state insurance regulator. Operating an unauthorized insurer is illegal, and can result in legal or financial penalties.

Which of the following is required for an insurer to conduct business in this state?

The license required for an insurer to conduct business in the state is referred to as a certificate of authority. This legal document signifies that an insurer is authorized by a governmental body to operate within a specific jurisdiction.

What document must an insurer receive in order to transact insurance in this state?

Certificate of Authority [699 - 728] ( Article 3 enacted by Stats. 1935, Ch. 145. )

What gives an insurer the authority to operate within this state?

What gives an insurer the authority to operate within this state? A Certificate of Authority from the Department or Division of Insurance grants an insurer the right to operate within a state.

What type of insurer is licensed to transact business in a state and has submitted its policies forms and rates to the state's insurance department for approval?

Admitted insurance carriers are licensed by the State Department of Insurance or insurance commissioners where they operate. This means that these insurance carriers comply with their state's regulations. The state also verifies their: Policy forms.

What does it mean when a company is incorporated in a state?

Note: Technically, being “incorporated” refers to creating a corporation, such as a C Corp, S Corp, or non-profit corporation. However, this term is broadly used to refer to any business that is formed through a state filing, including LLCs.

Are insurance companies regulated by state?

Insurance is regulated by the states. This system of regulation stems from the McCarran-Ferguson Act of 1945, which describes state regulation and taxation of the industry as being in “the public interest” and clearly gives it preeminence over federal law. Each state has its own set of statutes and rules.

What is Article 79 of the New York Insurance Law?

Article 79 exempts the business of service contracts from all other provisions of the Insurance Law and establishes a framework by which service contract providers must be registered with, and subject to the jurisdiction of the Superintendent. N.Y.

What is regulation 64 New York insurance?

tit. 11, § 216.9 (a) (1995) (Regulation 64), refers to a claim brought under a liability insurance policy by a party other than the insured, where the claimant is a natural person. N.Y.

What is Section 4119 of the New York Insurance Law?

A company seeking accreditation in New York must also meet the seasoning requirement of Section 4119 of the New York Insurance Law. This section provides that the company must have continuously transacted an insurance business in its state of incorporation for at least three years.

Which documentation does an insurance company require to process claims?

You can prepare for the process by gathering relevant documents (think receipts, original invoices and proof of ownership), gathering photos and accounts of the event or damage, and familiarizing yourself with the steps below.

What must an insurer obtain to transact insurance?

A certificate of authority is a legal document issued by the state that authorizes an insurer to conduct insurance business within the state. It ensures that the insurer meets all regulatory standards and is legally permitted to operate.

When must an insurer provide and insured with claim forms within?

The claim forms provision outlines the insurer's responsibility to provide the claimant with the specific forms the insurer requires within 15 days after receiving the insured's notice of claim.

Which of the following is a requirement for an individual to receive an insurance license in Maryland?

Individual Resident Producer Requirements

Be 18 years of age or older. Maintain principal place of residency or business in Maryland. Complete an approved prelicensing course of study (see prelicense requirements below) Pass a written examination and file a license application.

What is compliance in insurance?

Insurance compliance regulations are designed to protect consumers — and the overall insurance market. They provide guidelines on how insurance companies need to operate, and set standards they need to follow that keep customer information secure from threats like money laundering and fraud.

What is an insurer seeking a certificate of authority normally required to submit to the insurance department?

Is there anything else needed to file for a Certificate of Authority? Most states require a certificate of good standing from the home state to accompany the application. Other requirements may include articles of incorporation and the signature of the registered agent.

Who is an authorized insurer?

An authorized insurer is licensed in a state. The license document is typically called a certificate of authority. As pertaining to surplus line, every state has certain surplus line insurers approved to do business in the non-admitted market or surplus line market in that state.

Can an insurer refuse a claim?

If your insurance company refuses your claim

If your claim has been refused, ask your insurance company to give you a written decision. If you are not happy with your insurance company's decision you can challenge their decision. You have a number of options: ​Internal Dispute Resolution (IDR)

What is considered a nonadmitted insurer?

Non-admitted Insurer

They are also known as surplus lines carriers or excess lines carriers. Pros: Non-admitted insurers operate with less strict regulations, which means they have greater flexibility in covering unique risks such as hurricanes, wildfires, tornadoes and earthquakes.