N.Y. Comp. Codes R. & Regs. tit. 11 § 90.4

Current through Register Vol. 46, No. 53, December 31, 2024

Section 90.4 - Exemptions from electronic filing requirements

(a) An insurer required to make an electronic filing pursuant to this Part may apply to the superintendent for an exemption from the requirement that the filing be electronic by submitting a written request to the superintendent for approval at least 30 days before the insurer is due to submit to the superintendent the particular filing that is the subject of the request.

(b) The request for an exemption shall:

(1) set forth the insurer's NAIC number;

(2) identify the specific filing as to which the insurer is applying for the exemption;

(3) specify whether the insurer is making the request for an exemption based upon undue hardship, impracticability, or good cause, and set forth a detailed explanation as to the reason that the superintendent should approve the request; and

(4) specify whether the request for an exemption extends to future filings, in addition to the specific filing identified in paragraph (2) of this subdivision.

(c) The insurer requesting an exemption shall submit, upon the superintendent's request, any additional information necessary for the superintendent to evaluate the insurer's request for an exemption.

(d) The insurer shall be exempt from the electronic filing requirement upon the superintendent's written determination so exempting the insurer, where the determination specifies the basis upon which the superintendent is granting or denying the request and to which filings the exemption applies.

(e) If the superintendent approves an insurer's request for an exemption from the electronic filing requirement, then the insurer shall make a physical filing in a form acceptable to the superintendent.

N.Y. Comp. Codes R. & Regs. Tit. 11 § 90.4

Adopted New York State Register August 19, 2020/Volume XLII, Issue 33, eff. 9/18/2020