N.Y. Insurance Law § 3208: Antedating of life insurance policies and burial agreements prohibited

§ 3208. Antedating of life insurance policies and burial agreements

prohibited. (a) No insurer shall knowingly deliver or issue for delivery

in this state any policy of life insurance that purports to have been

issued or to have taken effect more than six months before the date on

which the application therefor was made, if thereby the premium is

reduced below the premium that would be payable thereon as determined by

the insured's birthday nearest the date on which the application was

made.

(b) No agent, other representative of an insurer or broker shall

prepare, submit or accept in this state any application for life

insurance dated earlier than the date on which the application was made

by the insured or the applicant, if thereby the premium is reduced as

above stated.

(c) This section shall not be construed to invalidate any contract

made in violation of the provisions hereof; nor to prohibit the

exchange, alteration or conversion of any policy of life insurance as of

the original date thereof if the amount of insurance of the new policy

does not exceed the greater of that of the original policy or that which

the premium paid for the original policy would have purchased if the new

policy had been originally applied for; nor to prohibit the exercise of

any conversion privilege contained in any policy.

(d) No person, firm, association, society, or corporation engaged in

this state in the business of providing for the payment of funeral,

burial or other expenses of deceased members, whether or not it be

subject to the other provisions of this chapter, and no insurer shall:

(1) deliver or issue for delivery in this state any contract or policy

whereby the benefit or any part thereof accruing under such contract or

policy, upon the death of such member or of the person insured, shall be

payable to a designated or restricted funeral director or funeral

directing concern or other person engaged in such trade or business, or

to any official or designated group of them; or

(2) pay any such benefit or any part thereof to any funeral director

or funeral directing concern or other person engaged in such trade or

business or to any official or designated group of them, without the

consent of the person or persons entitled to such benefits, or to pay

any commission or other consideration to any funeral director or funeral

directing concern or employee thereof to induce such person to sell or

offer to sell any contract or policy of insurance designated or marketed

as payable for funeral or burial expenses upon the death of the insured;

or

(3) in any way deprive the personal representative or family of the

deceased of the advantages of competition in procuring and purchasing

supplies and services in connection with the funeral and burial

arrangements of such deceased.