N.Y. Comp. Codes R. & Regs. tit. 11 § 16.1

Current through Register Vol. 46, No. 50, December 11, 2024

Section 16.1 - Definitions

For purposes of this Part:

(a) Accident and health insurer has the meaning set forth in section 107 (a)(1) of the Insurance Law.

(b) Authorized insurer has the meaning set forth in section 107 (a)(10) of the Insurance Law.

(c) Large commercial insured has the meaning set forth in section 6303 (b)(1) of the Insurance Law.

(d) Life insurer has the meaning set forth in section 107 (a)(28) of the Insurance Law.

(e) Major type of insurance as used in this Part means the annual statement line of business based on the coverage part with the highest estimated premium at the time of issuance of the certificate of insurance.

(f) Medical malpractice insurance has the meaning set forth in section 5501 (b) of the Insurance Law.

(g) Net premiums written means gross premiums (direct and assumed premiums, including policy and membership fees, less return premiums and premiums for policies not taken) less reinsurance ceded.

(h) Property/casualty insurer means an insurer licensed pursuant to article 41 or 61 of the Insurance Law.

(i) Special risk manager has the meaning set forth in section 6303 (b)(2) of the Insurance Law.

(j) Special risk means:

(1) Class 1. Class 1.

Where all or part of the insured's business operations, for which coverage is authorized by the kinds of insurance defined in section 1113 (a) of the Insurance Law, is insured in a single policy written in accordance with section 6303 of the Insurance Law, and which is written with or is reasonably expected to produce a billed annual premium of at least:

(i) $100,000 for at least one kind of insurance; or

(ii) $150,000 for more than one kind of insurance where the premium for any one kind of insurance does not exceed $100,000.

(2) Class 2. Class 2.

Coverages that are:

(i) of an unusual nature, a high loss hazard or difficult to place; and

(ii) enumerated in the list contained in section 16.12(e) of this Part, or additions thereto made pursuant to section 16.8(f) of this Part.

(3) Class 3. Coverage other than medical malpractice issued to a large commercial insured that employs or retains a special risk manager to assist in the negotiation and purchase of a policy exempted under this article, provided, however, that:

(i) the special risk manager is not employed by the insurer issuing the policy or any person in the insurer's holding company system; and

(ii) the special risk manager is licensed as an insurance producer in this State pursuant to Insurance Law article 21, unless exempted from licensing therein.

N.Y. Comp. Codes R. & Regs. Tit. 11 § 16.1

Amended, New York State Register April 2, 2014/Volume XXXVI, Issue 13, eff. 4/2/2014