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New Appleman New York Insurance Law, Second Edition
Copyright 2016, Matthew Bender & Company, Inc., a member of the LexisNexis Group.

3-36 New Appleman New York Insurance Law 36.syn


Licensing of Foreign and Alien Insurers


General Editor: Wolcott B. Dunham Jr.;; Revised by Nicholas F. Potter; and James F. Johnson, 4th

Chapter Summary


This chapter, from New Appleman New York Insurance Law, addresses the licensing of insurance companies organized under the laws of another state (a "foreign" insurer) or under the laws of a foreign country (an "alien" insurer) who want to do business in the State of New York. The chapter reviews licensing requirements, including the application, name approval, filing requirements and fees, examination, capital surplus requirements, deposits, and other restrictions.

The chapter covers the general "substantial compliance" provisions under Insurance Law Section 1106(e) and investment "substantial compliance" under Insurance Law Section 1413(a). It also discusses retaliatory tax provisions in Insurance Law Section 1112; the statutory "seasoning" requirement; trusteed assets of alien insurers; and the duration, revocation, and voluntary termination of licensed status. Finally, the chapter reviews the record-keeping requirements of an alien insurer and jurisdiction issues regarding unauthorized alien or foreign insurers.

New Appleman New York Insurance Law (Matthew Bender) provides complete coverage of insurance law in New York. It covers each type of policy: life, accident and health, property, title, general liability, excess and umbrella liability, professional liability, product liability, directors' and officers' liability, environmental, workers' compensation, no-fault automobile, uninsured and underinsured motorist, fidelity and surety, mortgage guaranty, and financial guaranty. It also contains detailed coverage of the regulation of insurance companies: formation, licensing, accounting principles, taxation, mergers and acquisitions, reorganizations, market conduct, liquidation, and insolvency.


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The operation and key decisions from the New York Insurance Department are contained in Chapter 2, The New York Insurance Department.

The key issues and strategies regarding the procedural law applicable to insurance disputes, including litigation, arbitration, bankruptcy and settlement, are discussed in Chapter 7, Litigation, Arbitration and Settlement of Insurance Coverage Disputes.

The activities that constitute engaging in the insurance business so as to require a license, and the applicable rules when a licensing issue must be resolved, are addressed in Chapter 32, Activities Requiring License as Insurer.

The formation, licensing, corporate finance and corporate governance requirements for insurers incorporated in New York, as well as voluntary and involuntary corporate dissolution of them, is reviewed in Chapter 33, Formation and Corporate Governance of Domestic Insurers.


For answers to questions on coverage, conditions, and exclusions of liability insurance, along with coverage of the formation and interpretation of policies and particular types of policies, such as homeowners', general commercial liability, environmental, products liability, professional malpractice, and directors' and officers' liability, see Law of Liability Insurance (Matthew Bender).

For comprehensive coverage of insurance issues, including agents and brokers, reinsurance, commercial general liability insurance, contract/policy issues, premiums, automobile insurance, professional liability insurance, insurance regulation, life insurance, health insurance, and disability insurance see Appleman on Insurance 2d and Appleman on Insurance Law & Practice (Matthew Bender).

For step-by-step guidance on each phase of an insurance coverage dispute, including insurance agent and broker liability, insurance policy interpretation, bad faith, insureds' duties, tendering the claim, insurers' responses, duty to defend, initiating litigation, settlements, appeals, along with descriptions of separate lines of insurance, see New Appleman Insurance Law Practice Guide (Matthew Bender).

For a comprehensive coverage of the legal responsibilities of agents and brokers with a detailed discussion of rights and responsibilities as debtors and creditors, the buying and selling of insurance agencies, mass marketing and group life insurance, advertising and unfair trade practices, agency contracts, and the role of agents in employee benefits, see Responsibilities of Insurance Agents and Brokers (Matthew Bender).
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