Section 357. Insurance  


Latest version.
  • 1. The licensee may require a borrower, on loans of
      two hundred and fifty dollars or more, excluding insurance premiums  and
      precomputed  interest,  to  insure  tangible  personal  property, except
      household goods, taken as security for a loan  against  any  substantial
      risk  of  loss,  damage  or  destruction for an amount not to exceed the
      lesser of the reasonable value of the property insured or the  principal
      amount  of  the loan, and for the customary insurance term approximating
      the term of the loan contract. The policy may insure the interest of the
      borrower as well as the interest of the licensee. A  policy  covering  a
      motor  vehicle  securing  the  loan may also insure the borrower against
      liability for bodily injury and  property  damage,  but  such  liability
      insurance  shall  be  at  the  option  of  the borrower and shall not be
      required by the licensee. The premiums for all such insurance shall  not
      exceed the premiums chargeable in accordance with rate filings made with
      the  superintendent of insurance for such insurance by the insurer. Such
      insurance shall be written by, or through,  a  duly  licensed  insurance
      agent or broker, or shall be provided directly by a company qualified to
      do business in this state.
        2. For purposes of this section, the term "household goods" shall mean
      clothing,  furniture,  appliances, one radio and one television, linens,
      china, crockery, kitchenware, and personal  effects  (including  wedding
      rings)  owned  by  the consumer and his or her dependents, but shall not
      include works of art, other electronic  entertainment  equipment,  items
      acquired as antiques, and other jewelry.
        3. When a licensee provides credit life insurance, credit accident and
      health  insurance,  or credit unemployment insurance, or credit property
      insurance pursuant to section two thousand three hundred  forty  of  the
      insurance  law,  or  any combination thereof with respect to one or more
      borrowers, such licensee may collect from  the  borrower  a  premium  or
      identifiable  charge  which  shall  not  exceed  the  premium  rates  or
      identifiable charges chargeable in accordance  with  rate  filings  made
      with  the superintendent of insurance for such insurance by the insurer,
      subject to a refund of the insurance  charge  computed  as  provided  in
      paragraph  (a) of subdivision five of section three hundred fifty-one of
      this  article,  in  the  event  of  prepayment  by  cash,  a  new  loan,
      refinancing  or  otherwise.  Only  one  such  amount may be collected in
      connection with any loan contract irrespective of the number of obligors
      and only one obligor need be insured.
        4. The insurance authorized by this section,  with  the  exception  of
      insurance  provided under group insurance policies, may be written by or
      arranged through the licensee or an affiliate, associate or employee  of
      the  licensee only if such licensee, affiliate, associate or employee is
      a duly  licensed  insurance  agent  or  broker,  provided,  however,  no
      licensee  shall decline new or existing insurance which meets or exceeds
      the standards set forth in this section, nor prevent any  borrower  from
      obtaining such insurance coverage from other sources.
        5. If a borrower procures such insurance by or through a licensee, the
      statement  required  by  section three hundred fifty-two of this article
      shall disclose the cost or rate of charge to the borrower and  the  type
      of  insurance,  and  the  licensee  shall  cause  to be delivered to the
      borrower a copy of the policy, certificate, or other  evidence  therefor
      within a reasonable time.
        6.  The  insurance  authorized  by  this  section  and all benefits or
      returns  therefrom  accruing  to  the  licensee  or  to  any  affiliate,
      associate  or  employee  of  the licensee shall not be prohibited by any
      other provision of this article.
        7. No insurance shall be required, requested, sold or offered for sale
      in connection with any loan made under this article, except  as  and  to
    
      the  extent authorized by this section or as provided in subdivision six
      of section three hundred fifty-one  of this article.
        If  the  borrowers on any loan are husband and wife, joint credit life
      insurance and joint credit accident and health insurance may  be  issued
      on such loan pursuant to this section.