senate Bill S5024

2011-2012 Legislative Session

Relates to replacement of individual life insurance policies or annuity contracts

download bill text pdf

Sponsored By

Archive: Last Bill Status -

  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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view actions (8)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 20, 2012 referred to insurance
delivered to assembly
passed senate
Jun 06, 2012 advanced to third reading
Jun 05, 2012 2nd report cal.
Jun 04, 2012 1st report cal.996
Jan 04, 2012 referred to insurance
May 02, 2011 referred to insurance


S5024 - Details

See Assembly Version of this Bill:
Law Section:
Insurance Law
Laws Affected:
Amd §§2123 & 4226, Ins L

S5024 - Summary

Relates to replacement of individual life insurance policies or annuity contracts; amends provisions relating to misrepresentations and misleading statements; requires replacements regulations be consistent with policies of the national association of insurance commissioners.

S5024 - Sponsor Memo

S5024 - Bill Text download pdf

                    S T A T E   O F   N E W   Y O R K


                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               May 2, 2011

Introduced  by  Sen.  SEWARD -- read twice and ordered printed, and when
  printed to be committed to the Committee on Insurance

AN ACT to amend the insurance law, in relation  to  the  replacement  of
  individual  life insurance policies or individual annuity contracts of
  any insurer


  Section  1.  The  section  heading and subsections (a), (b) and (c) of
section 2123 of the insurance law,  subsections  (a),  (b)  and  (c)  as
amended  by  chapter  540 of the laws of 1996, paragraph 3 of subsection
(a) as added by chapter 616 of the laws of 1997, the  opening  paragraph
of paragraph 3 of subsection (a) as amended by chapter 13 of the laws of
2002, are amended to read as follows:
  Misrepresentations[,]   AND   misleading  statements  [and  incomplete
  (a) (1) No agent or representative of any insurer  or  health  mainte-
nance  organization  authorized  to  transact  life,  accident or health
insurance or health maintenance organization business in this state  and
no  insurance  broker,  and no other person, firm, association or corpo-
ration, shall issue or circulate or cause or  permit  to  be  issued  or
circulated,  any illustration, circular, statement or memorandum misrep-
resenting the terms, benefits or advantages of any policy or contract of
life, accident or health insurance, any annuity contract or  any  health
maintenance  organization  contract, delivered or issued for delivery or
to be delivered or issued for delivery, in this state, or shall make any
misleading estimate as to the dividends or share  of  surplus  or  addi-
tional  amounts to be received in the future on such policy or contract,
or shall make any false or misleading statement as to the  dividends  or
share  of  surplus  or  additional  amounts  previously paid by any such
insurer or  health  maintenance  organization  on  similar  policies  or
contracts, or shall make any misleading representation, or any misrepre-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.


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