5-1502F - Construction--insurance transactions.

§ 5-1502F. Construction--insurance  transactions. In a statutory short  form power of attorney, the language conferring general  authority  with  respect to "insurance transactions, " must be construed to mean that the  principal authorizes the agent:    1.  To  continue,  to  pay the premium or assessment on, to modify, to  rescind, to release or to terminate  any  contract  of  life,  accident,  health,  disability  or  liability  insurance or any combination of such  insurance procured by or  on  behalf  of  the  principal  prior  to  the  creation  of  the agency which insures either the principal or any other  person, without  regard  to  whether  the  principal  is  or  is  not  a  beneficiary   thereunder;   provided,  however,  with  respect  to  life  insurance  contracts  existing  at  the  creation  of  the  agency,  the  authority  granted  hereby shall not include the power to add, delete or  otherwise change the designation of beneficiaries in effect for any such  contract, unless the authority to  make  such  additions,  deletions  or  changes is conveyed in a statutory gifts rider to a statutory short form  power  of  attorney  or  in a non-statutory power of attorney signed and  dated by  the  principal  with  the  signature  of  the  principal  duly  acknowledged  in  the  manner  prescribed  for  the  acknowledgment of a  conveyance of real property, and  which  is  executed  pursuant  to  the  requirements  of  paragraph (b) of subdivision nine of section 5-1514 of  this title;    2. To procure new, different  or  additional  contracts  of  insurance  protecting   the  principal  with  respect  to  ill-health,  disability,  accident or liability of any sort, to select the  amount,  the  type  of  insurance  contract  and  the mode of payment under each such policy, to  pay the premium or assessment on, to modify, to rescind, to  release  or  to terminate, any contract so procured by the agent;    3.  To  apply for and to receive any available loan on the security of  the contract of insurance, whether for the payment of a premium  or  for  the  procuring  of  cash, to surrender and thereupon to receive the cash  surrender value, to exercise an election as to beneficiary  or  mode  of  payment,  to  change  the manner of paying premiums, and to change or to  convert the type of insurance contract, with respect to any contract  of  life,  accident,  health,  disability or liability insurance as to which  the principal has, or claims to have, any one  or  more  of  the  powers  described in this section; provided, however, that the authority granted  hereby  shall  not  include the power to add, delete or otherwise change  the designation of beneficiaries in effect for any such contract, unless  the authority to make such additions, deletions or changes  is  conveyed  in  a  statutory gifts rider to a statutory short form power of attorney  or in a  non-statutory  power  of  attorney  signed  and  dated  by  the  principal  with  the signature of the principal duly acknowledged in the  manner prescribed  for  the  acknowledgment  of  a  conveyance  of  real  property,  and  which  is  executed  pursuant  to  the  requirements  of  paragraph (b) of subdivision nine of section 5-1514 of this title;    4.  To  demand,  to  receive,  to  obtain  by  action,  proceeding  or  otherwise,  any  money,  dividend,  or other thing of value to which the  principal is, or may become, or may claim to be entitled as the proceeds  of any contract of insurance or of  one  or  more  of  the  transactions  enumerated  in  this  section, to conserve, to invest, to disburse or to  utilize anything so received for purposes enumerated  in  this  section,  and  to reimburse the agent for any expenditures properly made by him in  the execution of the powers conferred on him by the statutory short form  power of attorney;    5. To apply for and to procure any available governmental aid  in  the  guaranteeing  or  paying of premiums of any contract of insurance on the  life of the principal;6. To sell, to assign, to hypothecate, to borrow upon,  or  to  pledge  the interest of the principal in any contract of insurance;    7.  To  pay,  from  such  proceeds  or  otherwise, to compromise or to  contest, and to apply  for  refunds  in  connection  with,  any  tax  or  assessment  levied by a taxing authority with respect to any contract of  insurance or the proceeds thereof or liability  accruing  by  reason  of  such tax or assessment;    8. To agree and to contract, in any manner, and with any person and on  any  terms,  which the agent may select for the accomplishment of any of  the purposes enumerated in this section, and to perform, to rescind,  to  reform, to release or to modify any such agreement or contract;    9.  To  execute,  to  acknowledge, to seal and to deliver any consent,  demand,  request,  application,  agreement,  indemnity,   authorization,  assignment,  pledge,  notice, check, receipt, waiver or other instrument  which the agent may think useful for the accomplishment of  any  of  the  purposes enumerated in this section;    10.  To  continue, to procure, to pay the premium or assessment on, to  modify, to rescind, to release, to terminate or otherwise to  deal  with  any  contract  of insurance, other than those enumerated in subdivisions  one  or  two  of  this  section,   whether   fire,   marine,   burglary,  compensation, disability, liability, hurricane, casualty, or other type,  or  any  combination of insurance, to do any act or acts with respect to  any such contract or with respect to its proceeds or  enforcement  which  the  agent  thinks  to  be  desirable  or necessary for the promotion or  protection of the interests of the principal;    11.  To  prosecute,  to  defend,  to  submit  to  alternative  dispute  resolution,  to  settle,  and  to propose or to accept a compromise with  respect to any claim existing in favor of,  or  against,  the  principal  based  on  or involving any insurance transaction or to intervene in any  action or proceeding relating thereto;    12. To hire, to discharge, and to compensate any attorney, accountant,  expert witness or other assistant or assistants  when  the  agent  shall  think such action to be desirable for the proper execution by him of any  of  the  powers  described in this section and for the keeping of needed  records thereof; and    13. In general, and in addition to  all  the  specific  acts  in  this  section enumerated, to do any other act or acts, which the principal can  do   through  an  agent,  in  connection  with  procuring,  supervising,  managing, modifying, enforcing and terminating contracts of insurance in  which  the  principal  is  the  insured  or  is  otherwise  in  any  way  interested.    All   powers   described  in  this  section  5-1502F  of  the  general  obligations law shall be exercisable with respect  to  any  contract  of  insurance  in which the principal is in any way interested, whether made  in the state of New York or elsewhere.