State RegulationsNY specificDifficulty 1/5
Under the conformity with state statutes provision required by N.Y. Ins. Law §3216(d)(2)(I), a policy provision that conflicts with the statutes of the state in which the insured resides on the policy's effective date is:
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Answer & full 3-part explanation (select an option above, or peek)
Why A is correct
Under N.Y. Ins. Law §3216(d)(2)(I), any provision of an individual accident and health policy that, on its effective date, conflicts with the statutes of the state in which the insured resides on that date is amended to conform to the minimum requirements of those statutes. The cure is automatic, so the insured keeps the policy and receives at least the statutory minimum protections without any further action.
Why the other options are wrong
- B) A conflicting provision does not void the policy; it is automatically amended up to the statutory minimum, preserving the contract.
- C) No corrective endorsement is needed; the conformity amendment operates by force of the provision itself.
- D) The benchmark is the statutes of the insured's resident state, not the insurer's state of organization.
Memory hook
Conflict with the insured's state law? Auto-amend to the minimum.