New York Codes, Rules and Regulations
Title 11 - INSURANCE
Chapter III - Policy and Certificate Provisions
Subchapter A - Life, Accident and Health Insurance
Part 57 - Smoker/nonsmoker Mortality Tables And Underwriting Classifications
Section 57.1 - Purpose and applicability

Current through Register Vol. 46, No. 39, September 25, 2024

(a) The purpose of this Part is to establish standards and rules for classifying an insured as a smoker or a nonsmoker and for reclassifying an insured in accordance with section 57.5(d) of this Part and permit the use of mortality tables that reflect differences in mortality between smokers and nonsmokers in determining minimum cash surrender values, minimum amounts and minimum periods of paid-up nonforfeiture benefits, and minimum reserve liabilities for plans of insurance with separate premium rates for smokers and nonsmokers. This Part, as amended, clarifies that if an insurer issues coverage to an insured not underwritten as a smoker at issue then the insurer may not subsequently treat the insured as a smoker for that coverage.

(b) This Part applies to every authorized life insurance company and authorized fraternal benefit society.

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