Section 2709. Substantial compliance  


Latest version.
  • (a) An insurer which, pursuant to the
      laws  of  another  jurisdiction is required (or whose holding company is
      required)  to  report,  certify  or   otherwise   disclose   information
      substantially  equivalent to that required by section two thousand seven
      hundred five of this article, may satisfy the  requirements  of  section
      two  thousand  seven  hundred  five  of  this article by filing with the
      superintendent  within  the  applicable  periods  prescribed  hereunder,
      copies  of such material filed with such jurisdiction. The determination
      as to whether the requirements of a given jurisdiction are substantially
      equivalent to those of section two thousand seven hundred five  of  this
      article  shall  be  made by the superintendent in his or her discretion.
      The superintendent may require that any such filing be supplemented by a
      schedule or index referring to the specific requirements of section  two
      thousand seven hundred five or the regulations promulgated thereunder.
        (b)  The  superintendent,  in  his  or her discretion, may suspend the
      application of section two thousand seven hundred five of  this  article
      to  any  insurer  upon a finding that such insurer, a subsidiary of such
      insurer, or any member of the holding company system that includes  such
      insurer,  has  subjected  itself  in  good faith to the authority of the
      international commission referenced in a  memorandum  of  intent,  dated
      April   eighth,   nineteen   hundred   ninety-eight   executed   by  the
      superintendent, other  United  States  insurance  regulators,  worldwide
      Jewish  organizations  and  insurers,  or any successor thereto, and has
      meaningfully participated in such commission or successor  entity  in  a
      manner  reasonably  calculated  to  effect  the prompt investigation and
      resolution of claims of Holocaust victims and  upon  a  finding  by  the
      superintendent  that  such commission or successor entity is effectively
      moving toward the swift and equitable resolution of claims made  against
      such insurer by Holocaust victims.
        (c)  Each  such  suspension granted pursuant to subsection (b) of this
      section shall be valid for  a  one  year  period  and  may  be  extended
      annually  for  additional  one year periods upon a finding (i) that such
      insurer, a subsidiary of such insurer, or  any  member  of  the  holding
      company  system  that  includes  such  insurer, continues to satisfy the
      requirements set forth in subsection (b) of this section and  (ii)  that
      the  commission or successor entity is effective in achieving the prompt
      identification of Holocaust victims  to  whom  insurance  policies  were
      issued  between  January  first,  nineteen  hundred  twenty and December
      thirty-first, nineteen hundred forty-five,  and  the  investigation  and
      resolution  of  claims  of  those Holocaust victims. Each insurer who is
      exempted or seeks continued exemption pursuant  to  this  section  shall
      file   such   reports   or   provide   such  other  information  as  the
      superintendent may require in his or her discretion.
        (d) The superintendent shall have the discretion  to  discontinue  any
      exemption   made  in  accordance  with  this  section  if  a  reasonable
      determination is made  by  the  superintendent  that  the  insurer,  its
      subsidiary or division, or the member of the holding company system that
      includes such insurer, as applicable, is not cooperating fully with such
      commission  or  successor  entity  or  that such commission or successor
      entity is not effective in promptly  investigating  and  resolving  such
      claims.