N.Y. Insurance Law § 2303: Standards for rates

§ 2303. Standards for rates. Rates shall not be excessive, inadequate,

unfairly discriminatory, destructive of competition or detrimental to

the solvency of insurers. In determining whether rates comply with the

foregoing standards, the superintendent shall include all income earned

by such insurer and any insurer controlling or controlled by such

insurer or under common control by or with such insurer on all its

investments of any kind and wherever located. The superintendent shall

further determine whether any component of such rates represent an

effort on the part of the insurer to recover losses incurred in another

state due to any referendum, law or regulation which requires a general

reduction in rates for the kinds of insurance described in section two

thousand three hundred two of this article. Such a finding shall be

deemed unfairly discriminatory for the purposes of this article.