State Codes and Statutes

Statutes > New-york > Isc > Article-11 > 1111

§  1111. Compulsory insurance; bonds of surety companies; certificates  of qualification. (a) Whenever by any law of this state  any  policy  or  contract of insurance is required, or is acceptable in lieu of any other  requirement  imposed  by  such law, the superintendent may, upon written  request containing such information as he deems necessary, issue to  any  person  a certificate of qualification, stating the qualification of any  insurer authorized to do such business in this state if he  finds  that,  as  shown  by  the  insurer's  last filed annual statement or last filed  report on examination, whichever  is  later,  the  insurer  is  solvent,  responsible and otherwise qualified to make policies or contracts of the  kind  required. No insurer authorized to do business in this state shall  issue or make any policy or contract of  insurance  or  surety  bond  to  owners  or  operators of motor vehicles as required by the provisions of  the vehicle and traffic law of this  state,  unless  the  superintendent  shall  have  certified  to  the commissioner of motor vehicles that such  insurer is qualified to issue such policy or  contract,  in  the  manner  specified herein.    (b)  (1)  Whenever  by  any  law  of  this  state a bond, undertaking,  recognizance,  guaranty  or  like  obligation  is  required,  permitted,  authorized   or  allowed,  or  the  performance  of  any  act,  duty  or  obligation, or the refraining from  any  act,  is  required,  permitted,  authorized  or  allowed  to  be secured or guaranteed, such bond or like  obligation, or such  security  or  guaranty,  may  be  executed  by  any  insurance  company  authorized  to  do  in  this  state  the business of  executing such instruments and empowered by its charter to execute them.  The  insurer's  execution   of   such   instrument   by   its   officer,  attorney-in-fact  or  other  authorized representative shall be accepted  as, and in all respects shall be, a full compliance with  every  law  or  other  requirement,  now or hereafter in force, that any such obligation  be given or accepted or that it be executed by one or more sureties,  or  that such sureties be residents, householders or freeholders, or possess  any other qualifications.    (2) The superintendent may on written application issue to any company  his  certificate  of  qualification  stating  the  company's capital and  surplus as shown by its last annual statement or its last  filed  report  on  examination,  whichever  is later, and that such capital and surplus  complies with the requirements of this chapter.  The  certificate  shall  further  indicate  the limitation upon the amount of a single risk which  such company is authorized to assume.    (c) The superintendent may refuse to issue any certificate pursuant to  subsection (a) or (b) hereof  if  in  his  judgment  refusal  will  best  promote  the interests of the people of this state. Such certificate, or  a copy certified by the superintendent, shall be conclusive evidence, as  of its date and  thereafter  until  revoked,  of  either  the  insurer's  qualification to issue the policy, contract of insurance or surety bond,  if   issued   pursuant  to  subsection  (a)  hereof,  or  the  company's  qualification, and its sufficiency under any law of this state as surety  or guarantor, and of the propriety of  accepting  and  approving  it  as  such,   if   issued   pursuant   to  subsection  (b)  hereof,  and  this  certification shall be in lieu of  any  justification  required  of  the  insurer by any law of this state or any requirement pursuant thereto.    (d)  If  after notice to and hearing of any insurer the superintendent  finds the insurer is no longer entitled to obtain a certificate, he  may  revoke  it  by  filing  an  order  of revocation in his office. He shall  thereupon serve a copy of such order  on  the  insurer  and  shall  give  notice  of  the  revocation  to  any state official or board to whom the  certificate was issued. The superintendent may publish  notice  of  such  revocation in such newspapers of general circulation in this state as hemay  deem  proper  in  the  public  interest. No insurer and no officer,  attorney-in-fact or other representative thereof shall, after  receiving  notice  of revocation, make or execute, or hold itself out as authorized  to  make  or  execute, in this state, any policy, contract of insurance,  bond or like obligation, or security or guaranty specified in subsection  (a) or (b) hereof, as long as such revocation continues in effect.

State Codes and Statutes

Statutes > New-york > Isc > Article-11 > 1111

§  1111. Compulsory insurance; bonds of surety companies; certificates  of qualification. (a) Whenever by any law of this state  any  policy  or  contract of insurance is required, or is acceptable in lieu of any other  requirement  imposed  by  such law, the superintendent may, upon written  request containing such information as he deems necessary, issue to  any  person  a certificate of qualification, stating the qualification of any  insurer authorized to do such business in this state if he  finds  that,  as  shown  by  the  insurer's  last filed annual statement or last filed  report on examination, whichever  is  later,  the  insurer  is  solvent,  responsible and otherwise qualified to make policies or contracts of the  kind  required. No insurer authorized to do business in this state shall  issue or make any policy or contract of  insurance  or  surety  bond  to  owners  or  operators of motor vehicles as required by the provisions of  the vehicle and traffic law of this  state,  unless  the  superintendent  shall  have  certified  to  the commissioner of motor vehicles that such  insurer is qualified to issue such policy or  contract,  in  the  manner  specified herein.    (b)  (1)  Whenever  by  any  law  of  this  state a bond, undertaking,  recognizance,  guaranty  or  like  obligation  is  required,  permitted,  authorized   or  allowed,  or  the  performance  of  any  act,  duty  or  obligation, or the refraining from  any  act,  is  required,  permitted,  authorized  or  allowed  to  be secured or guaranteed, such bond or like  obligation, or such  security  or  guaranty,  may  be  executed  by  any  insurance  company  authorized  to  do  in  this  state  the business of  executing such instruments and empowered by its charter to execute them.  The  insurer's  execution   of   such   instrument   by   its   officer,  attorney-in-fact  or  other  authorized representative shall be accepted  as, and in all respects shall be, a full compliance with  every  law  or  other  requirement,  now or hereafter in force, that any such obligation  be given or accepted or that it be executed by one or more sureties,  or  that such sureties be residents, householders or freeholders, or possess  any other qualifications.    (2) The superintendent may on written application issue to any company  his  certificate  of  qualification  stating  the  company's capital and  surplus as shown by its last annual statement or its last  filed  report  on  examination,  whichever  is later, and that such capital and surplus  complies with the requirements of this chapter.  The  certificate  shall  further  indicate  the limitation upon the amount of a single risk which  such company is authorized to assume.    (c) The superintendent may refuse to issue any certificate pursuant to  subsection (a) or (b) hereof  if  in  his  judgment  refusal  will  best  promote  the interests of the people of this state. Such certificate, or  a copy certified by the superintendent, shall be conclusive evidence, as  of its date and  thereafter  until  revoked,  of  either  the  insurer's  qualification to issue the policy, contract of insurance or surety bond,  if   issued   pursuant  to  subsection  (a)  hereof,  or  the  company's  qualification, and its sufficiency under any law of this state as surety  or guarantor, and of the propriety of  accepting  and  approving  it  as  such,   if   issued   pursuant   to  subsection  (b)  hereof,  and  this  certification shall be in lieu of  any  justification  required  of  the  insurer by any law of this state or any requirement pursuant thereto.    (d)  If  after notice to and hearing of any insurer the superintendent  finds the insurer is no longer entitled to obtain a certificate, he  may  revoke  it  by  filing  an  order  of revocation in his office. He shall  thereupon serve a copy of such order  on  the  insurer  and  shall  give  notice  of  the  revocation  to  any state official or board to whom the  certificate was issued. The superintendent may publish  notice  of  such  revocation in such newspapers of general circulation in this state as hemay  deem  proper  in  the  public  interest. No insurer and no officer,  attorney-in-fact or other representative thereof shall, after  receiving  notice  of revocation, make or execute, or hold itself out as authorized  to  make  or  execute, in this state, any policy, contract of insurance,  bond or like obligation, or security or guaranty specified in subsection  (a) or (b) hereof, as long as such revocation continues in effect.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Isc > Article-11 > 1111

§  1111. Compulsory insurance; bonds of surety companies; certificates  of qualification. (a) Whenever by any law of this state  any  policy  or  contract of insurance is required, or is acceptable in lieu of any other  requirement  imposed  by  such law, the superintendent may, upon written  request containing such information as he deems necessary, issue to  any  person  a certificate of qualification, stating the qualification of any  insurer authorized to do such business in this state if he  finds  that,  as  shown  by  the  insurer's  last filed annual statement or last filed  report on examination, whichever  is  later,  the  insurer  is  solvent,  responsible and otherwise qualified to make policies or contracts of the  kind  required. No insurer authorized to do business in this state shall  issue or make any policy or contract of  insurance  or  surety  bond  to  owners  or  operators of motor vehicles as required by the provisions of  the vehicle and traffic law of this  state,  unless  the  superintendent  shall  have  certified  to  the commissioner of motor vehicles that such  insurer is qualified to issue such policy or  contract,  in  the  manner  specified herein.    (b)  (1)  Whenever  by  any  law  of  this  state a bond, undertaking,  recognizance,  guaranty  or  like  obligation  is  required,  permitted,  authorized   or  allowed,  or  the  performance  of  any  act,  duty  or  obligation, or the refraining from  any  act,  is  required,  permitted,  authorized  or  allowed  to  be secured or guaranteed, such bond or like  obligation, or such  security  or  guaranty,  may  be  executed  by  any  insurance  company  authorized  to  do  in  this  state  the business of  executing such instruments and empowered by its charter to execute them.  The  insurer's  execution   of   such   instrument   by   its   officer,  attorney-in-fact  or  other  authorized representative shall be accepted  as, and in all respects shall be, a full compliance with  every  law  or  other  requirement,  now or hereafter in force, that any such obligation  be given or accepted or that it be executed by one or more sureties,  or  that such sureties be residents, householders or freeholders, or possess  any other qualifications.    (2) The superintendent may on written application issue to any company  his  certificate  of  qualification  stating  the  company's capital and  surplus as shown by its last annual statement or its last  filed  report  on  examination,  whichever  is later, and that such capital and surplus  complies with the requirements of this chapter.  The  certificate  shall  further  indicate  the limitation upon the amount of a single risk which  such company is authorized to assume.    (c) The superintendent may refuse to issue any certificate pursuant to  subsection (a) or (b) hereof  if  in  his  judgment  refusal  will  best  promote  the interests of the people of this state. Such certificate, or  a copy certified by the superintendent, shall be conclusive evidence, as  of its date and  thereafter  until  revoked,  of  either  the  insurer's  qualification to issue the policy, contract of insurance or surety bond,  if   issued   pursuant  to  subsection  (a)  hereof,  or  the  company's  qualification, and its sufficiency under any law of this state as surety  or guarantor, and of the propriety of  accepting  and  approving  it  as  such,   if   issued   pursuant   to  subsection  (b)  hereof,  and  this  certification shall be in lieu of  any  justification  required  of  the  insurer by any law of this state or any requirement pursuant thereto.    (d)  If  after notice to and hearing of any insurer the superintendent  finds the insurer is no longer entitled to obtain a certificate, he  may  revoke  it  by  filing  an  order  of revocation in his office. He shall  thereupon serve a copy of such order  on  the  insurer  and  shall  give  notice  of  the  revocation  to  any state official or board to whom the  certificate was issued. The superintendent may publish  notice  of  such  revocation in such newspapers of general circulation in this state as hemay  deem  proper  in  the  public  interest. No insurer and no officer,  attorney-in-fact or other representative thereof shall, after  receiving  notice  of revocation, make or execute, or hold itself out as authorized  to  make  or  execute, in this state, any policy, contract of insurance,  bond or like obligation, or security or guaranty specified in subsection  (a) or (b) hereof, as long as such revocation continues in effect.