N.Y. Insurance Law § 7402: Grounds for rehabilitation of domestic insurer

§ 7402. Grounds for rehabilitation of domestic insurer. The

superintendent may apply under this article for an order directing him

to rehabilitate a domestic insurer which:

(a) Is insolvent within the meaning of section one thousand three

hundred nine of this chapter.

(b) Has refused to submit its books, papers, accounts or affairs to

the reasonable inspection of the superintendent, his deputy or examiner.

(c) Has failed or refused to comply, within the time designated by the

superintendent, with an order of the superintendent, pursuant to law, to

make good an impairment of its capital, or minimum surplus to

policyholders, if a stock insurer, or of its minimum surplus, if a

mutual insurer, a reciprocal insurer, Lloyds underwriters or a

co-operative fire insurance corporation.

(d) Has transferred or attempted to transfer, by contract of

reinsurance or otherwise, substantially its entire property or business,

or entered into any transaction which merges substantially its entire

property or business into the property or business of any other

corporation, association, society, order, firm or individual, without

having first obtained the approval of the superintendent.

(e) Is found, after examination, to be in such condition that its

further transaction of business will be hazardous to its policyholders,

creditors, or the public.

(f) Has wilfully violated its charter or any law of the state.

(g) Has an officer who refused to be examined under oath, concerning

its affairs.

(h) If organized under article five-a, six, seven, eight, ten or ten-b

of the former insurance law constituting chapter twenty-eight of the

consolidated laws of nineteen hundred nine, or if organized as a mutual

or non-stock insurer under article nine-a, nine-c, ten, eleven-a,

eleven-b, twelve or fourteen of the former insurance law constituting

chapter twenty-eight of the consolidated laws in effect immediately

before the effective date of this chapter or article forty-one,

forty-two, forty-four, forty-five, sixty-one or sixty-six of this

chapter, including amendments thereto in force at the time of such

organization, is found to be in such condition, after examination, that

it could not meet the requirements for incorporation and authorization

specified in such articles except with respect to having any required

initial surplus.

(i) Has ceased to do the business of insurance for a period of one

year as provided in subsection (b) of section one thousand two hundred

three of this chapter.

(j) Has commenced voluntary liquidation or dissolution, or attempts to

commence or prosecute any action or proceeding to liquidate its business

or affairs, or to dissolve its corporate charter, or to procure the

appointment of a receiver, trustee, custodian, or sequestrator under any

law except this article.

(k) Has been the subject of an application for the appointment of a

receiver, trustee, custodian or sequestrator of the insurer or its

property, or if a receiver, trustee, custodian, or sequestrator is

appointed by a federal court or if such appointment is imminent.

(l) Has consented to such an order through a majority of its

directors, shareholders, or members.

(m) Has not organized or completed its organization and obtained a

license or certificate authorizing it to commence the doing of an

insurance business within one year from the date of its incorporation,

as provided in subsection (a) of section one thousand two hundred three

of this chapter.

(n) Has failed or refused to take such steps as may be necessary to

remove from office any officer or director whom the superintendent has

found, after notice to and hearing of such insurer and of such officer

or director, to be a dishonest or untrustworthy person.

(o) Has an occurrence of an authorized control level event or a

mandatory control level event pursuant to subsection (f) or (g) of

section one thousand three hundred twenty-two or subsection (f) or (g)

of section one thousand three hundred twenty-four of this chapter.