State RegulationsNY specificDifficulty 2/5
A policy issued in another state covers a person who resides in New York on the date the policy takes effect, and one provision is less generous than New York law requires. Under N.Y. Ins. Law §3216(d)(2)(I), what is the result?
Select an option to reveal the answer and the full 3-part explanation — free, no signup.
Answer & full 3-part explanation (select an option above, or peek)
Why C is correct
Under N.Y. Ins. Law §3216(d)(2)(I), any policy provision that, on the policy's effective date, conflicts with the statutes of the state in which the insured resides on that date is amended to conform to the minimum requirements of those statutes. Because the insured resides in New York, the less generous provision is automatically conformed to New York's minimum requirements without any action by the parties.
Why the other options are wrong
- A) The policy is not void; the conformity provision automatically raises the conflicting term to the statutory minimum.
- B) The place of issuance does not control; conformity is measured against the statutes of the insured's resident state on the effective date.
- D) No Superintendent approval or endorsement process is required; the amendment occurs automatically under the provision.
Memory hook
Issued elsewhere but the insured lives here? New York minimums apply.