7603 - Property/casualty insurance security fund.

§  7603.  Property/casualty  insurance  security  fund.  (a)  (1)  The  property/casualty insurance security fund shall be used in  the  payment  of  allowed  claims  remaining unpaid, in whole or in part, by reason of  the inability due to insolvency of an authorized  insurer  to  meet  its  insurance obligations under policies:    (A)  on  account  of claims from motor vehicle accidents as defined in  subsection (f) of  section  seven  thousand  six  hundred  two  of  this  article,    (B)  for  all  of  the kinds of insurance specified in paragraphs four  through fourteen, sixteen, nineteen through twenty-one, twenty-four  and  subparagraphs  (A)  and (B) of paragraph twenty-six of subsection (a) of  section one thousand one hundred thirteen of this chapter  with  respect  to  coverage  of property or risks located or resident in this state, or  outside this state but within the United  States,  its  possessions  and  territories, and Canada,    (C)  for  the kind of insurance providing disability benefits pursuant  to article nine of the workers' compensation law issued by an authorized  insurer licensed under article forty-one, sixty-one or sixty-six of this  chapter with respect to coverage of risks located or  resident  in  this  state,    (D) in the kind of insurance providing workers' compensation insurance  pursuant to subsection (j) of section three thousand four hundred twenty  of this chapter,    (E)  for  the  insurance provided by the medical malpractice insurance  association,    (F) for the  insurance  provided  pursuant  to  subdivision  two-a  of  section  seventy-six  of  the  workers'  compensation  law  if  and when  operative,    (G) for the kinds of credit insurance as defined in subparagraphs  (B)  and (C) of paragraph seventeen of subsection (a) of section one thousand  one hundred thirteen of this chapter, and    (H)  any  obligation for the return of unearned premiums on any policy  specified in subparagraphs (A), (B), (C), (D), (E), (F) and (G)  hereof,  which  shall, for the purposes of this article, be deemed to include the  obligations  of  an  insurer  and  the  medical  malpractice   insurance  association  under  medical  malpractice  claims-made policies to pay to  successor entities the actuarially appropriate amounts for the provision  of coverage to comply with the requirements of subsections (b), (c)  and  (d)  of  section  three  thousand four hundred thirty-six and paragraphs  two, three and four of subsection (f)  of  section  five  thousand  five  hundred four of this chapter.    (2)  No  payment  from  the  property/casualty insurance security fund  shall be made to any person who owns or controls ten percent or more  of  the voting securities of the insolvent insurer and no payment on any one  claim  shall  exceed  one  million  dollars, provided that the amount of  payment on a claim and the aggregate for all  claims  shall  be  further  limited  by the provisions of paragraph two of subsection (g) of section  seven thousand six hundred two of this article.    (b) (1) Contributions to the property/casualty insurance security fund  shall be determined on the basis  of  net  direct  written  premiums  on  policies insuring property or risks located or resident in this state.    (2) Every insurer shall pay into such fund, upon filing each quarterly  return  pursuant  to  section  seven  thousand  six hundred five of this  article, one-half of one percent of its net direct written  premiums  as  shown for the period covered by such return.    (c)  (1)  Whenever  the superintendent determines, pursuant to section  seven thousand six hundred six of this article, that the  net  value  of  the  property/casualty  insurance  security fund is at least one hundredfifty million dollars, no further contributions shall be made after  the  fund  year  in  which the determination is first made, but if thereafter  the superintendent determines that payments made from the  fund  by  the  commissioner  to  the superintendent acting as liquidator, rehabilitator  or conservator have reduced the net value to an amount  less  than  such  amount, the superintendent shall cause contributions to be resumed until  the  end  of  the  fund  year in which he first determines that such net  value exceeds such amount.    (2) If contributions are so resumed, they shall be apportioned:    (A)  ratably  among  those  kinds  of  insurance  as  to   which   the  commissioner  made  payments during the fund year in which the net value  of the property/casualty insurance security fund was reduced below  such  amount, and    (B)  among insurers in accordance with their respective amounts of net  direct premiums written in each such kind of insurance.    (d) (1) All income earned on moneys in the fund (after  deducting  any  amounts  paid  for allowed claims and administrative expenses during the  preceding  year)  shall  be  credited,   upon   certification   by   the  superintendent  to  the  commissioner,  to the general fund of the state  treasury; except that with respect to all such income earned on or after  July  first,  nineteen  hundred  seventy-nine  such  moneys   shall   be  distributed annually in the following manner:    (A)  Pursuant  to  regulations of the superintendent, the deficit from  the  operations  of  the  New  York  property   insurance   underwriting  association   shall   be   credited   with   such  income  earned,  upon  certification by the superintendent to the commissioner, in  a  sum  not  exceeding such total income earned or the sum of fifteen million dollars  whichever is the lesser in any one year. Such credit shall be in lieu of  a transfer of such funds to the general fund of the state treasury.    (B) Any balance of earned income shall be credited, upon certification  by  the  superintendent  to the commissioner, to the general fund of the  state treasury; but only when the value of the fund exceeds the  sum  of  two hundred forty million dollars.    (2)  The superintendent, after consultation with the commissioner, may  by regulation provide for contributions  to  be  made  in  the  form  of  acceptable  securities,  and  for the management and disposition of such  securities. The income from such securities shall  be  included  in  the  distribution outlined in paragraph one hereof.    (3)  The  superintendent is authorized to use the income earned on the  moneys of the fund to offset  the  deficit  of  the  New  York  property  insurance  underwriting association in accordance with subsection (d) of  section five thousand four hundred five of this chapter,  provided  that  any  income  earned  on  the  moneys  of  the fund which in any one year  exceeds fifteen million dollars or  which  the  superintendent  has  not  utilized  for  the  purposes of such subsection shall be credited to the  corpus of the fund until the  superintendent  determines  that  its  net  value  is  two  hundred  forty  million dollars, and thereafter shall be  credited, upon certification by the superintendent to the  commissioner,  to the general fund of the state treasury.    (e)  (1)  (A)  Notwithstanding  any  other  provision  of  law  to the  contrary, the superintendent shall annually no later than November first  in each year submit to the director of  the  budget  a  request  for  an  appropriation of ninety million dollars. The governor shall include such  amount  in  a  budget  bill  for  the  next state fiscal year. The state  comptroller shall encumber the amount so appropriated before the end  of  the  fiscal  year  for  which any such appropriation is made. If for any  fiscal year  commencing  on  or  after  April  first,  nineteen  hundred  eighty-three,  the  governor fails to submit a budget bill containing anappropriation in the amount  requested  by  the  superintendent  or  the  legislature  fails  to appropriate the amount in a budget bill submitted  by the governor for such fiscal year, the amount  appropriated  for  and  encumbered  during  the preceding fiscal year shall be payable forthwith  to the fund on July first of such year in the manner prescribed by  law,  provided,  however,  that  such  amount  shall  not exceed the amount of  moneys transferred to the general fund from the  fund  pursuant  to  the  provisions  of  chapter  fifty-five  of  the  laws  of  nineteen hundred  eighty-two.    (B) Any appropriation made to the fund pursuant to this section  shall  be  included  as an asset for the purposes of computing the value or net  value of the fund pursuant to this section.    (C) Any transfer of moneys from  the  fund  to  the  general  fund  in  accordance  with  the  provisions  of  chapter fifty-five of the laws of  nineteen hundred  eighty-two  is  deemed  a  proper  and  prudent  legal  undertaking  for  any  state  officer  with  the  responsibility for the  custody or the investment of the assets of the fund, notwithstanding any  other provision of law to the contrary.    (2) Upon certification by the superintendent that  further  sums,  not  exceeding  fifty  million  dollars in the aggregate, are required by the  public motor vehicle liability security fund to meet its obligations and  accomplish the purposes of this article the commissioner shall  transfer  from  the assets of the property/casualty insurance security fund to the  public motor vehicle liability security fund amounts to be specified  by  the  superintendent.  Such  sums, not exceeding fifty million dollars in  the aggregate,  shall  be  a  liability  of  the  public  motor  vehicle  liability  security  fund  and  shall be repaid to the property/casualty  insurance security fund pursuant to a plan of repayment to be prescribed  by the superintendent which may provide for an increase in the level  of  payments  into  the fund provided for in subsection (b) of section seven  thousand six hundred four of this article.