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P&CNew Yorkeasy

Under New York Insurance Law, which official is vested with primary authority to supervise the business of insurance in New York and to enforce the Insurance Law?

The Superintendent of Financial Services (head of DFS)
BThe New York State Attorney General
CThe New York State Comptroller
DThe NAIC Commissioner for the Northeast Zone

Why this is the answer

The Superintendent of Financial Services heads the Department of Financial Services (DFS), the agency that absorbed the former Insurance Department in 2011. Under Financial Services Law §§ 202 and 301, which vest the Superintendent with every power the Insurance Law confers, and Insurance Law Article 3 (§ 301 regulations; §§ 309-310 examinations), the Superintendent has broad authority to enforce the Insurance Law, license insurers and producers, conduct examinations, issue regulations (NYCRR Title 11 and 23), levy penalties, and bring enforcement actions. While the Attorney General handles civil/criminal litigation referrals and the Comptroller audits state funds, neither has primary insurance regulatory authority. The NAIC is a non-governmental association of state regulators and has no direct enforcement power in NY.

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