A lapsed individual accident and health policy is being reinstated in New York. The insurer requires an application for reinstatement, issues a conditional receipt for the tendered premium, and then neither approves nor disapproves the application. Under N.Y. Ins. Law §3216(d)(1)(D), when is the policy reinstated?

Why D is correct

Under N.Y. Ins. Law §3216(d)(1)(D), when an insurer requires an application for reinstatement and issues a conditional receipt for the premium, the policy is reinstated upon the insurer's approval or, lacking approval, on the 45th day following the date of the conditional receipt, unless the insurer has previously notified the insured in writing of its disapproval. Silence therefore does not leave the applicant in limbo: the policy revives automatically on day 45.

Why the other options are wrong

• A) Submitting the application alone does not reinstate the policy; reinstatement follows approval or the 45th day after the conditional receipt.
• B) Written approval is one route to reinstatement, but the policy is also reinstated automatically on the 45th day after the conditional receipt absent written disapproval.
• C) The automatic reinstatement date is the 45th day after the conditional receipt, not the 60th day.

Memory hook

Conditional receipt plus insurer silence equals reinstated on day 45.