Legislation


N.Y. Ins. Law § 1218. Regulation of stock ownership, interlocking directors and common management: Organization and Corporate Procedure – New York

Status: Enacted
Year Enacted: 1984
File: Download

Any insurer that is allowed to do business in the state is permitted to retain, invest, or acquire another insurer or have common management with the insurer unless the domestic or alien insurer’s transaction substantially lessens competition in any line of commerce in insurance in any section of the country or tends to create a monopoly, or the foreign insurer’s transaction substantially lessens competition in any line of commerce in insurance or tends to create a monopoly. Moreover, an individual may not serve as a director for two or more insurers, directly in the same line of insurance. Serving as a director for more than one insurer must not be used as a means to substantially lessen competition generally in the business of insurance or create a monopoly. If the statute is violated, the superintendent and attorney general has the power to serve a notice to cease and desist the violation, which is subject of judicial review. Similarly, other entities who are harmed by the business’s violation may file an injunction and seek recovery in court.


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