New York Insurance Code § 2130

Excess line association
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* § 2130. Excess line association. (a) There is hereby created a\nnon-profit association to be known as the excess line association of New\nYork. All excess line licensees shall be deemed to be members of the\nassociation. The association must perform its functions under the plan\nof operation established and approved under subsection (c) of this\nsection and must exercise its powers through a board of directors\nestablished under subsection (b) of this section. The association shall\nbe supervised by the superintendent. The association shall be authorized\nand have the duty to:\n  (1) receive and record all excess line insurance documents which\nexcess line brokers are required to file with the association under\nsection two thousand one hundred eighteen of this article. All records\nwhich an excess line broker is required to maintain under section two\nthousand one hundred eighteen of this article shall be open to\nexamination by the excess line association;\n  (2) notify the superintendent or his designee prior to stamping\nsubmitted insurance documents as provided in paragraph three of this\nsubsection if the association believes that the unauthorized insurer\ndoes not meet the standards of eligibility imposed by section two\nthousand one hundred eighteen of this article, together with any rules\nand regulations promulgated pursuant to said section;\n  (3) stamp all excess line insurance documents which excess line\nbrokers are required to file with the association under section two\nthousand one hundred eighteen of this article, provided that an\nunauthorized insurer meets the standards of eligibility imposed by\nsection two thousand one hundred eighteen of this article, together with\nany rules and regulations promulgated pursuant to said section;\n  (4) prepare reports to be provided to the superintendent on the\nfifteenth day of every month, which reports shall include premium data\nfrom excess line licensee affidavits relating to excess line insurance\nfiled by each licensee and stamped by the association during the\npreceding calendar month. Such reports shall also include corresponding\nlicensee affidavits in such form as the superintendent may prescribe.\nThe association shall provide each licensee with a copy of the report as\nit pertains to said licensee's business for the calendar month;\n  (5) prepare and deliver to each licensee and to the superintendent\nannually the reports of excess line business, which reports shall\ninclude a delineation of the classes and kinds of business procured\nduring the preceding calendar year in such form as the superintendent\nmay prescribe;\n  (6) deliver to each licensee standard forms for affidavits required\nunder section two thousand one hundred eighteen of this article;\n  (7) employ and retain such persons as are necessary to carry out the\nduties of the association;\n  (8) borrow money as necessary to effect the purposes of the\nassociation;\n  (9) enter contracts as necessary to effect the purposes of the\nassociation;\n  (10) perform such other acts as will facilitate and encourage\ncompliance by its members with the excess line law of this state and\nrules promulgated thereunder; and\n  (11) provide such other services to its members as are incidental or\nrelated to the purposes of the association; and\n  (12) utilize the authority granted to unincorporated associations\nunder section twelve of the general associations law.\n  (b)(1) The association shall function through a board of directors\nelected by the association members, and officers who shall be elected by\nthe board of directors.\n  (2) The board of directors of the association shall consist of not\nless than five nor more than nine persons serving terms as established\nin the plan of operation. The plan of operation shall provide for the\nelection of a board of directors by the members of the association from\nits membership. The plan of operation shall fix the manner of voting and\nmay weigh each member's 

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