N.Y. Comp. Codes R. & Regs. tit. 11 § 216.2

Current through Register Vol. 46, No. 51, December 18, 2024

Section 216.2 - Applicability

This Part shall apply to all insurers licensed to do business in this State.

(a) It shall not be applicable to policies of workers' compensation insurance issued pursuant to the provisions of section 1113 (a)(15) of the Insurance Law; credit insurance issued pursuant to the provisions of section 1113(a)(17); title insurance issued pursuant to the provisions of section 1113(a)(18); inland marine insurance issued pursuant to the provisions of section 1113(a)(20); unless such insurance is subject to the provisions of section 3425 of the Insurance Law; and ocean marine insurance issued pursuant to the provisions of section 1113(a)(20) and (21).

(b) Subdivisions (a) and (b) of section 216.6 of this Part shall not be applicable to policies of life insurance written pursuant to the provisions of section 1113 (a)(1) of the Insurance Law. Subdivision (b) of section 216.6 of this Part shall not be applicable to accident and health policies written pursuant to the provisions of section 1113(a)(3) and the provisions of article 43 of the Insurance Law.

(c) Sections 216.4 and 216.5 and subdivision (c) of section 216.6 of this Part shall not be applicable to policies of accident and health insurance written pursuant to the provisions of section 1113(a)(3) and the provisions of article 43 of the Insurance Law, where the claimant is neither a policyholder, a certificate holder under a policy of group insurance, nor a relative or member of the household of such policy or certificate holder.

(d) Subdivision (b) of section 216.3, subdivision (b) of section 216.4 and subdivision (a) of section 216.5 of this Part shall not be applicable to policies of insurance where the claimant is represented by a public adjuster or a person acting in the capacity of a public adjuster pursuant to the provisions of article 21 of the Insurance Law.

(e) This Part shall also apply to an unauthorized insurer with respect to a group policy issued pursuant to section 3455 or 3458 of the Insurance Law.

N.Y. Comp. Codes R. & Regs. Tit. 11 § 216.2

Amended New York State Register October 25, 2017/Volume XXXIX, Issue 43, eff. 10/25/2017

Amended New York State Register February 8, 2023/Volume XLV, Issue 06, eff. 2/8/2023