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