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New York · Through 2026-09-11

N.Y. Insurance Law § 1108: Insurers exempt from licensing and other requirements

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Where this section sits in the code
  1. Insurance Law
  2. Article 11. Licensing of Insurers

§ 1108. Insurers exempt from licensing and other requirements. The

following insurers, their officers, agents, representatives and

employees shall be exempt from licensing and other requirements imposed

by the provisions of this chapter (except article seventy-four hereof)

to the extent specified below:

(a) Any charitable annuity society which complies with the

requirements of section one thousand one hundred ten of this article, to

the extent therein stated.

(b) Any fraternal benefit society, membership corporation or other

organization exempted under the provisions of article forty-five of this

chapter, to the extent therein stated.

(c) The state insurance fund of this state, except as to the

provisions of subsection (d) of section two thousand three hundred

thirty-nine, section three thousand one hundred ten, subsection (a),

paragraph one of subsection (b), paragraph three of subsection (c) and

subsection (d) of section three thousand two hundred one, sections three

thousand two hundred two, three thousand two hundred four, subsections

(a) through (d) of section three thousand two hundred twenty-one,

subsections (b) and (c) of section four thousand two hundred

twenty-four, section four thousand two hundred twenty-six and

subsections (a) and (b), (g) through (j), and (n) of section four

thousand two hundred thirty-five of this chapter and except as otherwise

specifically provided by the laws of this state.

(d) Any corporate trustee or board of trustees acting pursuant to the

banking law in relation to the fund for insurance of deposits in savings

banks or the fund for insurance of shares of savings and loan

associations.

(e) Any corporation, organized under the laws of any state, solely to

provide gratuitously for support or relief of the priests, clergy or

ministers of any religious denomination, or their dependents, is exempt

from all provisions of this chapter, except that any such corporation,

created by special act of incorporation of this state, which by the

provisions of such act is subject to the requirement of examination by,

and making annual reports to, the superintendent, shall be subject to

the provisions of article three of this chapter relating to examinations

and statements or reports by insurers.

(f) Any retirement system or pension fund that was doing business on

January first, nineteen hundred forty under the education law, the civil

service law, the mental hygiene law, any special act of incorporation of

this state, or any municipal charter adopted under the laws of this

state, exclusively for the benefit of the members of such system or fund

or for all or any classes of the employees of this state or any

municipality thereof, shall be exempt from the provisions of this

chapter, except that if the law under which such system or fund was

organized subjects it to examination by, and the making of annual

reports to, the superintendent, such system or fund shall be subject to

the provisions of article three of this chapter relating to examinations

and statements or reports by insurers.

(g) Any membership corporation or voluntary association organized and

operating in this state prior to January first, nineteen hundred

thirty-nine and its members may act as indemnitors of a licensed

property/casualty insurance company in respect to surety bonds or

policies of insurance required to be filed by such members pursuant to

section three hundred seventy of the vehicle and traffic law and are

exempted from the requirement of having an insurer's license; but no

such membership corporation or association shall become a surety on any

such bond or otherwise do an insurance business.

(h) Any relief department or pension plan of any common carrier

subject to the the Railroad Retirement Act of 1974 (45 U.S.C. § 31),

whose privileges and membership are confined to employees or former

employees of such carrier or its affiliated or subsidiary companies, or

to any association of such common carriers which administers any such

department or plan.

(i) Every blood credit system established by a city, pursuant to

section twenty-one-d of the general city law.

(j) Any group of employers authorized by the workers' compensation

board to provide workers' compensation benefits for the employees of all

member employers pursuant to subdivision three-a of section fifty of the

workers' compensation law.

* (k) A charitable bail organization holding a certificate issued by

the superintendent pursuant to section six thousand eight hundred five

of this chapter.

* NB There are 2 sb§ (k)'s

* (k) An institution of higher education, as defined in paragraph two

of subsection (a) of section one thousand one hundred twenty-four of

this article, that has a certificate of authority from the

superintendent and complies with the requirements of section one

thousand one hundred twenty-four of this article, to the extent therein

stated.

* NB There are 2 sb§ (k)'s

(n) A resolution facility established pursuant to section seven

thousand seven hundred nineteen of this chapter.

Collected 2026-09-14T19:32:45Z. Source file · JSON

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