Assembly Bill A9175A

Signed By Governor
2013-2014 Legislative Session

Relates to what constitutes doing an insurance business in the state

download bill text pdf

Sponsored By

Archive: Last Bill Status - Signed by Governor


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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Bill Amendments

co-Sponsors

2013-A9175 - Details

See Senate Version of this Bill:
S6505
Law Section:
Insurance Law
Laws Affected:
Amd §1101, Ins L

2013-A9175 - Summary

Relates to what constitutes doing an insurance business in the state.

2013-A9175 - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  9175

                          I N  A S S E M B L Y

                             March 26, 2014
                               ___________

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

AN ACT to amend the insurance law, in relation to internet enrollment of
  employees

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The opening paragraph and subparagraph (D) of paragraph 1
of subsection (b) of section 1101 of  the  insurance  law,  the  opening
paragraph as amended by section 1 of part I of chapter 61 of the laws of
2011, are amended to read as follows:
  Except  as  OTHERWISE  provided  in [paragraph two, three, three-a, or
seven of] this subsection, any of the  following  acts  in  this  state,
effected  by  mail  from outside this state or otherwise, by any person,
firm, association, corporation or joint-stock company  shall  constitute
doing  an  insurance  business  in this state and shall constitute doing
business in the state within the meaning of section three hundred two of
the civil practice law and rules:
  (D) doing any kind of  business,  including  a  reinsurance  business,
specifically  recognized as constituting the doing of an insurance busi-
ness within the meaning of this chapter; OR
  S 2. Subsection (b) of section 1101 of the insurance law is amended by
adding a new paragraph 8 to read as follows:
  (8) NOTWITHSTANDING  THE  FOREGOING,  THE  MAINTENANCE  OF  A  WEBSITE
OUTSIDE  THE  STATE  BY  AN  UNAUTHORIZED  FOREIGN OR ALIEN INSURER DULY
LICENSED TO TRANSACT THE BUSINESS OF INSURANCE IN AND BY THE LAWS OF ITS
DOMICILE, BY WHICH A MEMBER OF A GROUP MAY SELF-ENROLL, THROUGH AN AUTO-
MATED PROCESS, IN A GROUP LIFE, GROUP ANNUITY,  OR  GROUP  ACCIDENT  AND
HEALTH  INSURANCE POLICY OR CONTRACT, AS DEFINED IN PARAGRAPHS ONE, TWO,
AND THREE OF SUBSECTION (A) OF SECTION ONE THOUSAND ONE HUNDRED THIRTEEN
OF THIS ARTICLE, SHALL NOT CONSTITUTE DOING  AN  INSURANCE  BUSINESS  IN
THIS  STATE, BUT SECTION ONE THOUSAND TWO HUNDRED THIRTEEN OF THIS ARTI-
CLE NEVERTHELESS SHALL APPLY TO THE INSURER; PROVIDED THAT:
  (A) THE GROUP CONFORMS TO THE DEFINITION OF ELIGIBILITY CONTAINED IN:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13607-03-4
              

co-Sponsors

2013-A9175A (ACTIVE) - Details

See Senate Version of this Bill:
S6505
Law Section:
Insurance Law
Laws Affected:
Amd §1101, Ins L

2013-A9175A (ACTIVE) - Summary

Relates to what constitutes doing an insurance business in the state.

2013-A9175A (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 9175--A

                          I N  A S S E M B L Y

                             March 26, 2014
                               ___________

Introduced  by M. of A. BRAUNSTEIN, SKOUFIS -- read once and referred to
  the Committee on Insurance  --  committee  discharged,  bill  amended,
  ordered reprinted as amended and recommitted to said committee

AN ACT to amend the insurance law, in relation to internet enrollment of
  employees

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The opening paragraph and subparagraph (D) of  paragraph  1
of  subsection  (b)  of  section  1101 of the insurance law, the opening
paragraph as amended by section 1 of part I of chapter 61 of the laws of
2011, are amended to read as follows:
  Except as OTHERWISE provided in [paragraph  two,  three,  three-a,  or
seven  of]  this  subsection,  any  of the following acts in this state,
effected by mail from outside this state or otherwise,  by  any  person,
firm,  association,  corporation or joint-stock company shall constitute
doing an insurance business in this state  and  shall  constitute  doing
business in the state within the meaning of section three hundred two of
the civil practice law and rules:
  (D)  doing  any  kind  of  business, including a reinsurance business,
specifically recognized as constituting the doing of an insurance  busi-
ness within the meaning of this chapter; OR
  S 2. Subsection (b) of section 1101 of the insurance law is amended by
adding a new paragraph 8 to read as follows:
  (8)  NOTWITHSTANDING  THE  FOREGOING,  THE  MAINTENANCE  OF  A WEBSITE
OUTSIDE THE STATE BY AN  UNAUTHORIZED  FOREIGN  OR  ALIEN  INSURER  DULY
LICENSED TO TRANSACT THE BUSINESS OF INSURANCE IN AND BY THE LAWS OF ITS
DOMICILE, BY WHICH A MEMBER OF A GROUP MAY SELF-ENROLL, THROUGH AN AUTO-
MATED  PROCESS,  IN  A  GROUP LIFE, GROUP ANNUITY, OR GROUP ACCIDENT AND
HEALTH INSURANCE POLICY OR CONTRACT, AS DEFINED IN PARAGRAPHS ONE,  TWO,
AND THREE OF SUBSECTION (A) OF SECTION ONE THOUSAND ONE HUNDRED THIRTEEN
OF  THIS  ARTICLE,  SHALL  NOT CONSTITUTE DOING AN INSURANCE BUSINESS IN
THIS STATE, BUT SECTION ONE THOUSAND TWO HUNDRED THIRTEEN OF THIS  CHAP-
TER NEVERTHELESS SHALL APPLY TO THE INSURER; PROVIDED THAT:
  (A) THE GROUP CONFORMS TO THE DEFINITION OF ELIGIBILITY CONTAINED IN:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

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