N.Y. Comp. Codes R. & Regs. tit. 11 § 220.5

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

Section 220.5 - Reports to the superintendent of insurance

(a) Every insurer required to submit a report by section 2705(b) of the Insurance Law, or its holding company, shall in such report provide the information required by paragraphs (1) through (3), (5) and (7) of subsection (b) of section 2705 of the Insurance Law. The report shall include the name and telephone number of the contact person designated pursuant to section 220.2(b)(2) of this Part. The report shall be in such format as may be prescribed from time to time by the superintendent by circular letter.

(b) Pursuant to section 2705(b)(4) of the Insurance Law, if requested by the superintendent, and to the extent consistent with applicable laws and confidentiality obligations, an insurer, or its holding company, shall include in a report filed pursuant to subdivision (a) of this section the names of the owner, beneficiaries, and the face amount or pay-out value of any insurance policy that could possibly be expected to have been issued to a Holocaust victim, as well as the information compiled pursuant to section 220.2(b)(3) of this Part.

(c) An insurer shall maintain in its relevant claim file an explanation of any denial or pending payment of a claim to any person who alleges or has alleged that he or she is a Holocaust victim. An insurer, or its holding company, shall submit such explanation to the superintendent, if requested to do so, pursuant to section 2705(b)(6) of the Insurance Law.

(d) Pursuant to section 2705(b)(8) of the Insurance Law, in the event that an insurer is unable to provide any of the information required by section 2705 of the Insurance Law, the insurer, or its holding company, shall report an explanation of the reasons for such inability, and shall indicate, to the best of its current knowledge and information, why and whether such information may become ascertainable in the future.

(e) Any report required by section 2705(b) of the Insurance Law shall be made no later than January 30, 1999 and annually thereafter for each of the succeeding 10 years, with the last report due on January 30, 2009.

(f) Pursuant to section 2705(c) of the Insurance Law, a report shall be certified and affirmed under oath as being true and not misleading, and as containing the most accurate information available at the time of the submission of the report. A certification shall be given by the chief executive officer (or comparable officer) of each insurer and its holding company, if any.

(g) Pursuant to section 2709(a) of the Insurance Law, and subject to the discretion of the superintendent, an insurer may satisfy the requirements of section 2705 of the Insurance Law by filing annually with the superintendent, no later than January 30th, a copy of any report, certificate, or other disclosure of information which it or its holding company has filed in another jurisdiction pursuant to the laws thereof, and which is substantially equivalent to the report or reports which the insurer is required to submit under section 2705 of the Insurance Law, and shall also submit a schedule or index referring to the specific requirements of section 2705 of the Insurance Law and this section which demonstrates that the requirements of both are substantially met by the report, certificate or disclosure filed in the other jurisdiction.

N.Y. Comp. Codes R. & Regs. Tit. 11 § 220.5