2019 New York Laws
ISC - Insurance
Article 31 - Insurance Contracts - General
3103 - Non-Conforming Contracts.

§ 3103. Non-conforming contracts. (a) Except as otherwise specifically
provided in this chapter, any policy of insurance or contract of annuity
delivered  or  issued  for delivery in this state in violation of any of
the provisions of this chapter shall  be  valid  and  binding  upon  the
insurer  issuing  the  same, but in all respects in which its provisions
are in violation of the requirements or prohibitions of this chapter  it
shall  be  enforceable  as  if  it  conformed  with such requirements or
prohibitions.
  (b) No policy of insurance or contract of annuity delivered or  issued
for  delivery in this state shall provide that the rights or obligations
of the insured or of any person  rightfully  claiming  thereunder,  with
respect to:
  (1)  a  policy  of  life, accident and health insurance or contract of
annuity upon a person resident in this state,
  (2) a policy of insurance upon property then in this state, or
  (3) the liabilities to be incurred by  the  insured  as  a  result  of
activity then carried on by the insured in this state,
shall be governed by the laws of any jurisdiction other than this state.
This subsection shall not apply to policies of marine insurance.
  (c)  In  any  action  to recover under the provisions of any policy of
insurance or contract of annuity delivered or  issued  for  delivery  in
this  state  which  the  superintendent is authorized by this chapter to
approve  if  in  his  opinion  its  provisions  are  more  favorable  to
policyholders, the court shall enforce such policy or contract as if its
provisions  were  the same as those specified in this chapter unless the
court  finds  that  its  actual  provisions  were  more   favorable   to
policyholders at the date when the policy or contract was issued.