NY State Senate Bill 2025-S8258

Senate Bill S8258

2025-2026 Legislative Session

Relates to the administrative supervision of insurers deemed to be in a hazardous financial condition

download bill text pdf

Current Bill Status - In Senate Committee Insurance Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 28, 2025	referred to insurance

2025-S8258 (ACTIVE) - Details

Current Committee:: Senate Insurance
Law Section:: Insurance Law
Laws Affected:: Add §1125, amd §§1309, 1310, 1311 & 1312, Ins L

2025-S8258 (ACTIVE) - Summary

Relates to the administrative supervision of insurers deemed to be in a hazardous financial condition.

2025-S8258 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S8258

SPONSOR: SKOUFIS
 
TITLE OF BILL:

An act to amend the insurance law, in relation to administrative super-
vision

 
PURPOSE:

Authorizes the Department of Financial Services to pursue administrative
supervision of insurers.

 
SUMMARY OF PROVISIONS:

Section 1. Legislative Findings.

Section 2. Adds new section 1125 of the insurance law to establish a
process for administrative supervision of insurers deemed at risk of
insolvency, engaged in hazardous activity, or out of compliance with
insurance law and regulations.

Section 3. Amends subsection (a) of section 1309 of the insurance law to
allow for administrative supervision of insurers that are at risk of
insolvency.

Section 4. Amends subsection (a) of section 1310 of the insurance law to
allow for administrative supervision of domestic stock insurers that are
engaged in hazardous activities.

Section 5. Amends subsection (c) of section 1311 of the insurance law to
allow for administrative supervision of domestic mutual or reciprocal
insurers that have not complied with an order of remediation.

Section 6. Amends paragraph 2 of subsection (c) of section 1312 of the
insurance law to allow for administrative supervision of foreign insur-
ers that have not complied with an order of remediation.

Section 7. Effective Date.

 
JUSTIFICATION:

This bill authorizes the Department of Financial Services (DFS) to place
troubled insurance companies under administrative supervision.  This
will allow DFS to intervene when an insurer is engaging in fraudulent or
hazardous activities, and help return the insurer to financial health
before rehabilitation or liquidation becomes necessary.

Currently, DFS can direct a troubled insurer to undertake remediation of
financial or other conditions that threaten the insurer's solvency. If
an insurer refuses to follow this order, DFS must commence a formal
rehabilitation or liquidation proceeding. These are public processes
that usually result in the termination of the insurer's operations,
causing harm to policyholders and the public.

This bill gives DFS an alternative option when an insurer refuses to
follow a remediation order. It allows DFS to access, evaluate, and
provide guidance regarding the insurer's administrative processes with-
out forcing such information into the public eye. Administrative super-
vision helps to address a troubled insurer's affairs without the public
scrutiny that comes with a formal court proceeding. The insurer has the
right to challenge the administrative supervision order at an adminis-
trative hearing.

This bill follows the National Association of Insurance Commissioners'
administrative supervision model, which has been adopted in 21 states,
including California, Connecticut, Florida, Massachusetts, and New
Jersey.

 
LEGISLATIVE HISTORY:

New bill

 
FISCAL IMPLICATIONS:

TBD

 
EFFECTIVE DATE:
This act shall take effect immediately.

2025-S8258 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8258
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                               May 28, 2025
                                ___________
 
 Introduced  by  Sen. SKOUFIS -- 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 administrative  super-
   vision
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Legislative findings. In order to increase the authority of
 the superintendent of financial services to respond to the harm posed by
 impaired insurers in this state, the legislature finds that it is in the
 best interest of the people of this state  to  enact  an  administrative
 supervision  statute.  The  superintendent of financial services has the
 right and responsibility to enforce the insurance law and the  authority
 to  seek  redress  against  any person responsible for the impairment or
 insolvency of the insurer, and  nothing  in  this  act  is  intended  to
 restrict or limit such right, responsibility, or authority.
   § 2. The insurance law is amended by adding a new section 1125 to read
 as follows:
   §  1125.  ADMINISTRATIVE  SUPERVISION.   (A)(1) THE SUPERINTENDENT MAY
 ISSUE AN ORDER PLACING A DOMESTIC INSURER  UNDER  ADMINISTRATIVE  SUPER-
 VISION  IF  THE SUPERINTENDENT DETERMINES THAT ONE OR MORE OF THE CONDI-
 TIONS SET FORTH IN SUBSECTION (B) OF THIS SECTION EXISTS.  UPON  SUCH  A
 DETERMINATION, THE SUPERINTENDENT SHALL FURNISH THE INSURER WITH A WRIT-
 TEN LIST OF REQUIREMENTS TO ABATE THE CONDITION OR CONDITIONS WITHIN THE
 TIME SPECIFIED IN THE ORDER, WHICH SHALL BE SIXTY DAYS OR ANOTHER PERIOD
 OF  TIME  AS  DESIGNATED BY THE SUPERINTENDENT. THE DOMESTIC INSURER MAY
 CHALLENGE THE ORDER BY REQUESTING AN ADMINISTRATIVE HEARING PURSUANT  TO
 THE ADJUDICATORY PROCEEDING RULES IN ARTICLE THREE OF THE STATE ADMINIS-
 TRATIVE  PROCEDURE  ACT.  UPON ISSUANCE OF THE ORDER, THE SUPERINTENDENT
 SHALL ADVISE SUCH DOMESTIC INSURER OF ITS RIGHT  TO  REQUEST  A  HEARING
 CHALLENGING  THE  ORDER PURSUANT TO THE ADJUDICATORY PROCEEDING RULES IN
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13211-01-5
 S. 8258                             2

 
 ARTICLE THREE OF THE STATE ADMINISTRATIVE PROCEDURE ACT AND  REGULATIONS
 PROMULGATED BY THE SUPERINTENDENT.
   (2)  IF,  AT  THE END OF THE PERIOD SPECIFIED IN THE ORDER, THE SUPER-
 INTENDENT DETERMINES THAT THE CONDITION OR CONDITIONS THAT GAVE RISE  TO
 THE  ORDER  STILL EXISTS OR EXIST, THEN ADMINISTRATIVE SUPERVISION SHALL
 CONTINUE. THE INSURER MAY REQUEST A HEARING TO CHALLENGE THE SUPERINTEN-
 DENT'S DETERMINATION TO CONTINUE ADMINISTRATIVE SUPERVISION.
   (3) IF THE SUPERINTENDENT DETERMINES THAT THE CONDITION OR  CONDITIONS
 THAT  GAVE RISE TO ADMINISTRATIVE SUPERVISION NO LONGER EXISTS OR EXIST,
 THEN THE SUPERINTENDENT SHALL RELEASE THE INSURER FROM SUPERVISION.
   (B) (1) AN INSURER MAY BE SUBJECT TO ADMINISTRATIVE SUPERVISION BY THE
 SUPERINTENDENT IF UPON EXAMINATION OR ANY OTHER TIME IT APPEARS  IN  THE
 SUPERINTENDENT'S DISCRETION THAT:
   (A)  THE  INSURER'S  CONDITION RENDERS THE CONTINUANCE OF ITS BUSINESS
 HAZARDOUS TO THE PUBLIC OR TO ITS INSUREDS;
   (B) THE INSURER HAS OR APPEARS TO HAVE EXCEEDED ITS  POWERS,  AS  THAT
 TERM  IS  DEFINED IN PARAGRAPH TWO OF THIS SUBSECTION, GRANTED UNDER ITS
 CHARTER AND APPLICABLE LAW;
   (C) THE INSURER HAS FAILED TO COMPLY WITH THE APPLICABLE PROVISIONS OF
 THIS CHAPTER;
   (D) THE BUSINESS OF THE INSURER IS BEING CONDUCTED FRAUDULENTLY; OR
   (E) THE INSURER GIVES ITS CONSENT.
   (2) THE TERM "EXCEEDED ITS POWERS"  MEANS  ANY  ONE  OR  MORE  OF  THE
 FOLLOWING CONDITIONS:
   (A)  THE  INSURER  HAS  REFUSED  TO  PERMIT  EXAMINATION OF ITS BOOKS,
 PAPERS, ACCOUNTS, RECORDS OR AFFAIRS BY THE SUPERINTENDENT OR THE SUPER-
 INTENDENT'S DEPUTIES, EMPLOYEES OR DULY COMMISSIONED EXAMINERS;
   (B) A DOMESTIC INSURER HAS UNLAWFULLY REMOVED FROM THIS  STATE  BOOKS,
 PAPERS, ACCOUNTS OR RECORDS NECESSARY FOR AN EXAMINATION OF THE INSURER;
   (C)  THE  INSURER  HAS  FAILED  TO PROMPTLY COMPLY WITH THE APPLICABLE
 FINANCIAL REPORTING STATUTES OR RULES AND DEPARTMENTAL REQUESTS RELATING
 THERETO;
   (D) THE INSURER HAS NEGLECTED OR REFUSED TO OBSERVE AN  ORDER  BY  THE
 SUPERINTENDENT  TO  MAKE  GOOD,  WITHIN  THE TIME PRESCRIBED BY LAW, ANY
 PROHIBITED DEFICIENCY IN ITS CAPITAL, CAPITAL STOCK OR SURPLUS;
   (E) THE INSURER IS CONTINUING TO TRANSACT INSURANCE OR WRITE  BUSINESS
 AFTER ITS LICENSE HAS BEEN REVOKED OR SUSPENDED BY THE SUPERINTENDENT;
   (F)  THE  INSURER,  BY CONTRACT OR OTHERWISE, HAS UNLAWFULLY OR HAS IN
 VIOLATION OF AN ORDER OF THE SUPERINTENDENT OR HAS WITHOUT FIRST  HAVING
 OBTAINED  WRITTEN APPROVAL OF THE SUPERINTENDENT IF APPROVAL IS REQUIRED
 BY LAW: (I) TOTALLY REINSURED ITS ENTIRE OUTSTANDING BUSINESS;  OR  (II)
 MERGED  OR  CONSOLIDATED  SUBSTANTIALLY  ITS ENTIRE PROPERTY OR BUSINESS
 WITH ANOTHER INSURER;
   (G) THE INSURER ENGAGED IN ANY TRANSACTION IN WHICH IT IS NOT  AUTHOR-
 IZED TO ENGAGE UNDER THE LAWS OF THIS STATE; OR
   (H)  THE  INSURER  REFUSED TO COMPLY WITH A LAWFUL ORDER OF THE SUPER-
 INTENDENT.
   (3) THE TERM "CONSENT" MEANS AGREEMENT TO  ADMINISTRATIVE  SUPERVISION
 BY THE INSURER.
   (C)  DURING THE PERIOD OF SUPERVISION, THE SUPERINTENDENT MAY PROHIBIT
 THE INSURER FROM ENGAGING IN ANY OF THE FOLLOWING ACTIVITIES WITHOUT THE
 SUPERINTENDENT'S PRIOR APPROVAL:
   (1) DISPOSING OF, CONVEYING, OR ENCUMBERING ANY OF ITS ASSETS  OR  ITS
 BUSINESS IN FORCE;
   (2) WITHDRAWING ANY FUNDS FROM ITS BANK ACCOUNTS;
   (3) LENDING ANY OF ITS FUNDS;
 S. 8258                             3
 
   (4) INVESTING ANY OF ITS FUNDS;
   (5) PAYING ANY CLAIMS;
   (6) TRANSFERRING ANY OF ITS PROPERTY;
   (7) INCURRING ANY DEBT, OBLIGATION, OR LIABILITY;
   (8) MERGING OR CONSOLIDATING WITH ANOTHER COMPANY;
   (9) APPROVING NEW PREMIUMS OR RENEWING ANY POLICIES;
   (10) ENTERING INTO ANY NEW REINSURANCE CONTRACT OR TREATY;
   (11) TERMINATING, SURRENDERING, FORFEITING, CONVERTING, OR LAPSING ANY
 INSURANCE  POLICY,  CERTIFICATE,  OR  CONTRACT, EXCEPT FOR NONPAYMENT OF
 PREMIUMS DUE;
   (12) RELEASING, PAYING, OR REFUNDING PREMIUM DEPOSITS, ACCRUED CASH OR
 LOAN VALUES, UNEARNED PREMIUMS, OR OTHER RESERVES ON ANY INSURANCE POLI-
 CY, CERTIFICATE, OR CONTRACT;
   (13) MAKING ANY MATERIAL CHANGE IN MANAGEMENT; OR
   (14) INCREASING SALARIES AND BENEFITS OF OFFICERS OR DIRECTORS OR  THE
 PAYMENT OF BONUSES, DIVIDENDS, OR OTHER PAYMENTS.
   (D)  THE  SUPERINTENDENT  MAY APPOINT AS ADMINISTRATIVE SUPERVISOR, AT
 THE INSURER'S EXPENSE, ONE OR MORE PERSONS NOT EMPLOYED BY  ANY  INSURER
 OR INTERESTED IN SUCH INSURER, EXCEPT AS A POLICYHOLDER.
   (E)  DURING  THE  PERIOD OF ADMINISTRATIVE SUPERVISION, AN INSURER MAY
 CONTEST AN ACTION TAKEN OR PROPOSED TO BE TAKEN BY THE SUPERINTENDENT OR
 BY THE ADMINISTRATIVE SUPERVISOR ON  THE  GROUNDS  THAT  THE  ACTION  OR
 PROPOSED  ACTION  WOULD  NOT  RESULT  IN  IMPROVING THE CONDITION OF THE
 INSURER. DENIAL OF THE INSURER'S REQUEST  UPON  RECONSIDERATION  MAY  BE
 CHALLENGED BY THE INSURER BY REQUESTING AN ADMINISTRATIVE HEARING PURSU-
 ANT  TO  THE ADJUDICATORY PROCEEDING RULES IN ARTICLE THREE OF THE STATE
 ADMINISTRATIVE PROCEDURE ACT.
   (F) (1) THE EXPENSES OF ADMINISTRATIVE SUPERVISION  PURSUANT  TO  THIS
 SECTION SHALL BE BORNE AND PAID BY THE INSURER SO SUPERVISED.
   (2) IN THE EVENT THAT AN INSURER BECOMES SUBJECT TO A PROCEEDING UNDER
 ARTICLE  SEVENTY-FOUR OF THIS CHAPTER WITHIN ONE YEAR OF THE SUPERINTEN-
 DENT RELEASING THE INSURER FROM ADMINISTRATIVE SUPERVISION, ALL  ACCRUED
 AND  OUTSTANDING  EXPENSES  INCURRED  IN  CONNECTION WITH ADMINISTRATIVE
 SUPERVISION SHALL BE TREATED AS ACTUAL AND NECESSARY COSTS AND  EXPENSES
 OF  THE  ADMINISTRATION OF SUCH PROCEEDING UNDER ARTICLE SEVENTY-FOUR OF
 THIS CHAPTER.
   (G) (1) NOTWITHSTANDING ANY OTHER SECTION OF LAW  AND  EXCEPT  AS  SET
 FORTH  IN  THIS SECTION, PROCEEDINGS, HEARINGS, NOTICES, CORRESPONDENCE,
 REPORTS, AND OTHER INFORMATION IN THE POSSESSION OF  THE  SUPERINTENDENT
 OR DEPARTMENT RELATING TO THE SUPERVISION OF ANY INSURER SHALL BE CONFI-
 DENTIAL  AND  NOT SUBJECT TO SUBPOENA OR PUBLIC INSPECTION UNDER ARTICLE
 SIX OF THE PUBLIC OFFICERS LAW OR ANY OTHER STATUTE, AND  SHALL  NOT  BE
 SUBJECT  TO  DISCOVERY  OR  ADMISSIBLE  IN EVIDENCE IN ANY PRIVATE CIVIL
 ACTION, EXCEPT AS PROVIDED IN THIS SECTION; PROVIDED, HOWEVER, THAT  THE
 SUPERINTENDENT  IS  AUTHORIZED TO USE THE DOCUMENTS, MATERIALS, OR OTHER
 INFORMATION IN THE FURTHERANCE OF ANY REGULATORY OR LEGAL ACTION BROUGHT
 AS PART OF THE SUPERINTENDENT'S OFFICIAL DUTIES.
   (2) THE SUPERINTENDENT MAY SHARE THE NOTICES, CORRESPONDENCE, REPORTS,
 RECORDS, OR INFORMATION PURSUANT TO SECTION  ONE  HUNDRED  TEN  OF  THIS
 CHAPTER.
   (3)  THE  SUPERINTENDENT  MAY OPEN THE PROCEEDINGS OR HEARINGS OR MAKE
 PUBLIC THE NOTICES, CORRESPONDENCE, REPORTS, RECORDS, OR OTHER  INFORMA-
 TION  IF THE SUPERINTENDENT DEEMS THAT IT IS IN THE BEST INTEREST OF THE
 PUBLIC OR IN THE BEST INTEREST OF THE INSURER, ITS INSUREDS,  CREDITORS,
 OR THE GENERAL PUBLIC.
 S. 8258                             4
 
   (4)  THIS SUBSECTION SHALL NOT APPLY TO HEARINGS, NOTICES, CORRESPOND-
 ENCE, REPORTS, RECORDS, OR OTHER INFORMATION OBTAINED UPON THE  APPOINT-
 MENT OF A RECEIVER FOR THE INSURER BY A COURT OF COMPETENT JURISDICTION.
   (H)  NOTHING  IN  THIS  SECTION  SHALL  BE CONSTRUED AS PRECLUDING THE
 SUPERINTENDENT FROM INITIATING JUDICIAL PROCEEDINGS TO PLACE AN  INSURER
 IN    REHABILITATION,    LIQUIDATION,   CONSERVATION,   OR   DISSOLUTION
 PROCEEDINGS.
   (I) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE SUPERINTENDENT MAY
 MEET WITH A SUPERVISOR APPOINTED UNDER THIS SECTION AND WITH THE  ATTOR-
 NEY  OR  OTHER REPRESENTATIVE OF THE SUPERVISOR, WITHOUT THE PRESENCE OF
 ANY OTHER PERSON, AT THE TIME OF ANY PROCEEDING OR DURING  THE  PENDENCY
 OF  ANY PROCEEDING HELD UNDER AUTHORITY OF THIS SECTION TO CARRY OUT THE
 SUPERINTENDENT'S DUTIES UNDER THIS SECTION  OR  FOR  THE  SUPERVISOR  TO
 CARRY OUT THE SUPERVISOR'S DUTIES UNDER THIS SECTION.
   § 3. Subsection (a) of section 1309 of the insurance law is amended to
 read as follows:
   (a)  Whenever  the  superintendent finds from a financial statement or
 report on examination that an authorized insurer is unable  to  pay  its
 outstanding  lawful  obligations as they mature in the regular course of
 business, as shown by an excess of required reserves and  other  liabil-
 ities  over  admitted  assets, or by its not having sufficient assets to
 reinsure all outstanding risks with other  solvent  authorized  assuming
 insurers  after  paying  all  accrued claims owed, such insurer shall be
 deemed insolvent and the superintendent may proceed against it  pursuant
 to  the  provisions of article seventy-four of this chapter OR MAY PLACE
 THE INSURER UNDER ADMINISTRATIVE SUPERVISION  PURSUANT  TO  SECTION  ONE
 THOUSAND ONE HUNDRED TWENTY-FIVE OF THIS CHAPTER.
   § 4. Subsection (a) of section 1310 of the insurance law is amended to
 read as follows:
   (a) Whenever the superintendent finds from a financial statement, or a
 report  on examination, of any domestic stock insurer that [(i)] (1) the
 admitted assets are less than the aggregate amount  of  its  liabilities
 and  outstanding  capital stock or [(ii)] (2) the admitted assets of any
 such insurer [which] THAT is required to maintain a minimum  surplus  to
 policyholders  are less than the aggregate amount of its liabilities and
 the amount of its minimum surplus to policyholders, [he] THE SUPERINTEN-
 DENT shall determine the amount of the impairment and order the  insurer
 to  eliminate  the impairment within such period as [he] THE SUPERINTEN-
 DENT designates, not more than ninety  days  from  the  service  of  the
 order.  [He]  THE SUPERINTENDENT may also order the insurer not to issue
 any new policies while the  impairment  exists.  If  the  impairment  as
 determined  by the provisions of [item (i) hereof] PARAGRAPH ONE OF THIS
 SUBSECTION equals  or  exceeds  twenty-five  percent  of  the  insurer's
 outstanding  capital  stock, or as determined by the provisions of [item
 (i) or (ii) hereof] PARAGRAPH ONE OR TWO OF THIS SUBSECTION is such that
 the insurer does not have the minimum  capital  or  minimum  surplus  to
 policyholders required by this chapter, and if at the expiration of such
 designated  period,  such  insurer  has not satisfied the superintendent
 that such impairment has been eliminated, the superintendent may proceed
 against the insurer pursuant to the provisions of  article  seventy-four
 of  this  chapter  on  the  ground  that  its condition is such that its
 further transaction of business will be hazardous to  its  policyholders
 or  its  creditors  or  the  public  OR THE SUPERINTENDENT MAY PLACE THE
 INSURER UNDER ADMINISTRATIVE SUPERVISION PURSUANT TO SECTION  ONE  THOU-
 SAND ONE HUNDRED TWENTY-FIVE OF THIS CHAPTER.
 S. 8258                             5
 
   § 5. Subsection (c) of section 1311 of the insurance law is amended to
 read as follows:
   (c) If the impairment so determined is such that such insurer does not
 have the minimum surplus required for item (iii) of subsection (a) here-
 of,  and  if  when  such  designated  period expires the insurer has not
 satisfied the superintendent that such impairment has  been  eliminated,
 THEN the superintendent may proceed against such insurer pursuant to the
 provisions  of  article  seventy-four of this chapter on the ground that
 its further transaction of business will be hazardous to its policyhold-
 ers, its creditors or the public OR THE  SUPERINTENDENT  MAY  PLACE  THE
 INSURER  UNDER ADMINISTRATIVE SUPERVISIONS PURSUANT TO SECTION ONE THOU-
 SAND ONE HUNDRED TWENTY-FIVE OF THIS CHAPTER.
   § 6. Paragraph 2 of subsection (c) of section 1312  of  the  insurance
 law is amended to read as follows:
   (2)  If  at  the expiration of such designated period such insurer has
 not satisfied the superintendent that such impairment  has  been  elimi-
 nated,  the  superintendent may proceed against such insurer pursuant to
 the provisions of article seventy-four of this  chapter  as  an  insurer
 whose  condition is such that its further transaction of business in the
 United States will be hazardous to its policyholders, its  creditors  or
 the  public  in  the  United  States OR THE SUPERINTENDENT MAY PLACE THE
 INSURER UNDER ADMINISTRATIVE SUPERVISION PURSUANT TO SECTION  ONE  THOU-
 SAND ONE HUNDRED TWENTY-FIVE OF THIS CHAPTER.
   § 7. This act shall take effect immediately.

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