Section 3430. Right of insured, agent or broker aggrieved on basis of geographical location of property or risks  


Latest version.
  • (a) An insured aggrieved  by  an inability to obtain:
        (1)  homeowner's  insurance,  including  fire  insurance  or  fire and
      extended coverage insurance, other  than  from  the  New  York  property
      insurance underwriting association, or
        (2)  automobile  insurance  subject  to  section  three  thousand four
      hundred twenty-five of this article, other than  through  the  New  York
      automobile insurance plan,
      from any insurer or through any insurance agent or broker because of the
      geographical  location  of  the  risk  or property within the state or a
      licensed agent or broker whose contract or account was terminated or not
      renewed because of the geographical location of the agent or  broker  or
      the  geographical  location  of  the  risks  within  the state for which
      coverage is afforded through the agent or broker and the  grievance  was
      not  the  result  of the application of sound underwriting and actuarial
      principles reasonably related to actual or anticipated  loss  experience
      may  file  a  complaint to that effect with the superintendent on a form
      prescribed by him.
        (b) The superintendent shall investigate  the  complaint  pursuant  to
      rules and regulations promulgated by him. In addition to any other power
      or  procedure authorized by this chapter, the superintendent may require
      the physical inspection of the risk or property or hold  a  hearing,  or
      both,  for  the  purpose  of  assisting  him in his determination of the
      issues raised by the complaint.