N.Y. Insurance Law § 4241: Penalty for violation of filing requirements

§ 4241. Penalty for violation of filing requirements. (a) Any

authorized insurer, representative of such insurer, licensed insurance

agent or licensed insurance broker wilfully violating any of the

provisions of this article or of articles thirty-one or thirty-two of

this chapter relating to filings of life, accident and health and

annuity contract forms, premium rates, rules, classification of risks,

and commissions, compensation or other fees or allowances to agents and

brokers pertaining to the solicitation or sale of such insurance and of

fees or allowances to any individuals, firms or corporations for

services pertaining to the service or administration of such group

insurance and annuity contracts, shall, in addition to any other penalty

provided by law, be liable for a penalty as provided in subsection (b)

hereof.

(b) If the superintendent finds after notice and hearing, that any

authorized insurer, representative of such insurer, licensed insurance

agent or licensed insurance broker has wilfully violated the provisions

of subsection (d) hereof or this article relating to such filings, he

may, in lieu of any other penalty provided by law, order such insurer,

or person to pay to the people of this state a penalty not exceeding one

thousand dollars for each such offense.

(c) Failure of any such insurer or person to pay such penalty within

thirty days after the making of such order, unless suspended by an order

of a court of competent jurisdiction, shall constitute a violation of

this chapter.

(d) In this section, the issuance, procurement or negotiation of each

policy of insurance, by such insurer or person in wilful violation of

the provisions of this subsection or this article shall be deemed a

separate offense.