New York Codes, Rules and Regulations
Title 11 - INSURANCE
Chapter IX - Unfair Trade Practices
Part 220 - Holocaust Victims Insurance Claims And Reports
Section 220.4 - Interest on proceeds
Universal Citation: 11 NY Comp Codes Rules and Regs ยง 220.4
Current through Register Vol. 46, No. 39, September 25, 2024
(a) Where claims are resolved and settled in accordance with this Part, interest on the proceeds of policies or annuities shall be payable, and shall be calculated as provided by this section, which implements section 2701 (d) of the Insurance Law.
(b) Where the policy or annuity states a method for the calculation of interest on proceeds, then that method shall apply.
(c) Where the policy or annuity does not state a method for the calculation of interest on proceeds, then:
(1) in the case of life insurance
policies and annuities in respect of which benefits became payable because of
the death of the insured or annuitant or the maturity of an endowment or
similar contract, the department has concluded that the legislative approach
set forth in section
3214 of the
Insurance Law presents an appropriate general guide for determining reasonable
interest on proceeds pursuant to section
2701
(d) of the Insurance Law. Accordingly,
interest upon the principal sum paid to the beneficiary or policyholder shall
be computed daily at the applicable rates of interest paid by the insurer over
the course of time on proceeds left under the interest settlement option, from
the date of the death of an insured or annuitant in connection with a death
claim on such a policy of life insurance or contract of annuity and from the
date of maturity of an endowment or similar contract to the date of payment and
shall be added to and be a part of the total sum paid; and
(2) in all other cases and in respect of all
other types of policies or annuities, interest shall be calculated in
accordance with a reasonable standard agreed upon by the insurer and the
claimant, or, if the superintendent prescribes a standard, according to such
standard as the superintendent may prescribe, including those instances in
which the insurer and the claimant cannot agree upon a standard.
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