2006 New York Code - Rating Classifications Or Territories; Policy Forms.

 
    §  2307.  Rating  classifications or territories; policy forms. (a) No
  insurer or rate service organization shall use a  rating  classification
  or territory unless it has been filed with the superintendent and either
  he  has  approved  it,  or  ninety  days  have  elapsed  and  he has not
  disapproved it as unfairly discriminatory or violative of public policy.
    (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, 2006
    (d) All policy forms and rating classifications and territories  filed
  with  the superintendent shall be available for public inspection at the
  department.