2006 New York Code - Antedating Of Life Insurance Policies And Burial Agreements Prohibited.

 
    §  3208.  Antedating  of life insurance policies and burial agreements
  prohibited. (a) No insurer shall knowingly deliver or issue for delivery
  in this state any policy of life insurance that purports  to  have  been
  issued  or  to have taken effect more than six months before the date on
  which the application therefor was  made,  if  thereby  the  premium  is
  reduced below the premium that would be payable thereon as determined by
  the  insured's  birthday  nearest  the date on which the application was
  made.
    (b) No agent, other representative  of  an  insurer  or  broker  shall
  prepare,  submit  or  accept  in  this  state  any  application for life
  insurance dated earlier than the date on which the application was  made
  by  the  insured  or the applicant, if thereby the premium is reduced as
  above stated.
    (c) This section shall not be construed  to  invalidate  any  contract
  made  in  violation  of  the  provisions  hereof;  nor  to  prohibit the
  exchange, alteration or conversion of any policy of life insurance as of
  the original date thereof if the amount of insurance of the  new  policy
  does not exceed the greater of that of the original policy or that which
  the premium paid for the original policy would have purchased if the new
  policy  had been originally applied for; nor to prohibit the exercise of
  any conversion privilege contained in any policy.
    (d) No person, firm, association, society, or corporation  engaged  in
  this  state  in  the  business  of providing for the payment of funeral,
  burial or other expenses of deceased  members,  whether  or  not  it  be
  subject to the other provisions of this chapter, and no insurer shall:
    (1) deliver or issue for delivery in this state any contract or policy
  whereby  the benefit or any part thereof accruing under such contract or
  policy, upon the death of such member or of the person insured, shall be
  payable to a  designated  or  restricted  funeral  director  or  funeral
  directing  concern or other person engaged in such trade or business, or
  to any official or designated group of them; or
    * (2) pay any such benefit or any part thereof to any funeral director
  or funeral directing concern or other person engaged in  such  trade  or
  business  or  to  any  official or designated group of them, without the
  consent of the person or persons entitled to such benefits,  or  to  pay
  any commission or other consideration to any funeral director or funeral
  directing  concern  or employee thereof to induce such person to sell or
  offer to sell any contract or policy of insurance designated or marketed
  as payable for funeral or burial expenses upon the death of the insured;
  or
    * NB Effective until June 1, 2007
    * (2) pay any such benefit or any part thereof to any funeral director
  or funeral directing concern or other person engaged in  such  trade  or
  business  or  to  any  official or designated group of them, without the
  consent of the person or persons entitled to such benefits; or
    * NB Effective June 1, 2007
    * (3) in any way deprive the personal representative or family of  the
  deceased  of  the  advantages of competition in procuring and purchasing
  supplies  and  services  in  connection  with  the  funeral  and  burial
  arrangements of such deceased.
    * NB Effective until June 1, 2007
    * (3)  in any way deprive the personal representative or family of the
  deceased of the advantages of competition in  procuring  and  purchasing
  supplies and services in connection with the burial of such deceased.
    * NB Effective June 1, 2007