A New York-licensed P&C producer is suspected of engaging in unfair trade practices in connection with the sale of homeowners policies. Under NY Insurance Law § 2407, what is the Superintendent's primary procedural tool to halt the conduct quickly while an enforcement case proceeds?
Why this is the answer
NY Insurance Law Article 24 prohibits unfair methods of competition and unfair or deceptive acts (§ 2403). When the Superintendent has reason to believe such conduct is occurring, the procedural vehicle is a § 2407 cease and desist order, issued after notice and hearing under § 304. The order may direct an immediate stop to the practice, require restitution, or impose other conditions. Violation of a final cease and desist order exposes the licensee to additional penalties under § 2406 (up to $5,000 per violation; $10,000 if willful) and license action under § 2110. Criminal referrals and § 309 exams exist but are not the primary fast-acting tool; federal court actions are not the proper forum.
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