3103 - Non-conforming contracts. - New York Statutes

§ 3103. Non-conforming contracts. (a) Except as otherwise specifically provided in this chapter, any policy of insurance or contract of annuity delivered or issued for delivery in this state in violation of any of the provisions of this chapter shall be valid and binding upon the insurer issuing the same, but in all respects in which its provisions are in violation of the requirements or prohibitions of this chapter it shall be enforceable as if it conformed with such requirements or prohibitions. (b) No policy of insurance or contract of annuity delivered or issued for delivery in this state shall provide that the rights or obligations of the insured or of any person rightfully claiming thereunder, with respect to: (1) a policy of life, accident and health insurance or contract of annuity upon a person resident in this state, (2) a policy of insurance upon property then in this state, or (3) the liabilities to be incurred by the insured as a result of activity then carried on by the insured in this state, shall be governed by the laws of any jurisdiction other than this state. This subsection shall not apply to policies of marine insurance. (c) In any action to recover under the provisions of any policy of insurance or contract of annuity delivered or issued for delivery in this state which the superintendent is authorized by this chapter to approve if in his opinion its provisions are more favorable to policyholders, the court shall enforce such policy or contract as if its provisions were the same as those specified in this chapter unless the court finds that its actual provisions were more favorable to policyholders at the date when the policy or contract was issued.