N.Y. Defense Emergency Act 1951 784/51 § 96: Definitions; interpretation of article

§ 96. Definitions; interpretation of article. 1. When used in this

article, the following terms shall mean and include the following:

(a) "Organization"--any insurer, rating organization, service or

advisory organization, joint underwriting association, welfare or

pension fund, which is subject, in whole or in part, to the insurance

law of this state.

(b) "Domestic organization"--any "organization" which is domiciled in

this state, including, insofar as the provisions of this article may

appropriately apply thereto, any welfare or pension fund or United

States branch of an alien insurer.

(c) "Charter"--the certificate of organization or incorporation or

special law incorporating a corporation together with its by-laws, or

the agreement establishing a fund or association together with its

constitution and by-laws.

(d) "Acute emergency"--a period in which, by reason of loss of life,

epidemic disease, destruction or damage of property, contamination of

property by radiological, chemical or bacteriological means, or

disruption of the means of transportation and communication, resulting

from an attack, as defined in subdivision two of section three of this

chapter, it is impossible or impracticable for the business of insurance

in this state to be conducted in strict accord with the provisions of

law or "charters" applicable thereto.

(e) "Board"--the board of directors, board of trustees, committee or

similar body having control of the affairs of an "organization."

(f) "Director"--a director, trustee, or member of a "board".

(g) "Acting director"--an acting "director" elected or appointed in

accordance with this article.

(h) "Officer"--an officer of a "domestic organization".

(i) "Acting officer"--an acting "officer" appointed in accordance with

this article.

(j) "Quorum"--the minimum number of "directors" required by charter

and law other than this article, to be present for valid action to be

taken at a meeting of a "board" with respect to each particular item of

business which may come before such meeting.

(k) "Superintendent"--the superintendent of financial services or

person duly designated to exercise the powers of that office during an

"acute emergency".

2. This article does not, and shall not be construed to, limit the

powers of any organization or permit or require any organization which

is not domiciled in this state or any branch, office, or agency of such

organization or the directors, officers, members, policyholders or

stockholders of any such organization to act, or fail to act, in such

fashion as would violate the laws of the jurisdiction wherein such

organization has its domicile.