New York Consolidated Laws

N.Y. Insurance Law § 109 (2026)

Penalties; civil actions

✓ current as of May 2026

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§ 109. Penalties; civil actions. (a) Every violation of any provision
of this chapter shall, unless the same constitutes a felony, be a
misdemeanor.
  (b) Every penalty imposed by this section shall be in addition to any
penalty or forfeiture otherwise provided by law.
  (c) (1) If the superintendent finds after notice and hearing that any
authorized insurer, representative of the insurer, licensed insurance
agent, licensed insurance broker, licensed adjuster, or any other person
or entity licensed, certified, registered, or authorized pursuant to
this chapter, has willfully violated the provisions of this chapter or
any regulation promulgated thereunder or with respect to accident and
health insurance, any provision of titles one or two of division BB of
the Consolidated Appropriations Act of 2021 (Pub. L. No. 116-260), as
may be amended from time-to-time, and any regulations promulgated
thereunder, then the superintendent may order the person or entity to
pay to the people of this state a penalty in a sum not exceeding one
thousand dollars for each offense.
  (2) Failure to pay such penalty within thirty days after the order,
unless it is suspended by an order of a court of competent jurisdiction,
shall constitute a further violation of the provisions of this chapter.
  (3) No penalty shall be imposed pursuant to this subsection if a
monetary penalty is otherwise provided in this chapter.
  (d) The superintendent may maintain a civil action in the name of the
people of the state to recover a judgment for a money penalty imposed by
law for the violation of any provision of this chapter.

Notes of Decisions

Cited in 26 cases, 1987–2020 · leading case: Presbyterian Hosp. v. Maryland Cas. Co., 683 N.E.2d 1 (NY 1997).

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Presbyterian Hosp. v. Maryland Cas. Co., 683 N.E.2d 1 (NY 1997). · cites it 2× “As the Principal *289 Examiner for the Insurance Department noted in his January 18, 1989 letter, the regulations provide a framework which would enable the Department to levy administrative penalties.”

Belco Petroleum Corp. v. AIG Oil Rig, Inc., 164 A.D.2d 583 (N.Y. App. Div. 1991). · cites it 3× “) 1 The Superintendent of Insurance is authorized to determine whether an insurer has engaged in an unfair claim settlement practice, and to punish those who do with a fine not exceeding $500 for *586 each instance of noncompliance (Insurance Law § 109 [c] [1]). Unlike…”

Harrison v. Metro. Life Ins., 417 F. Supp. 2d 424 (S.D.N.Y. 2006). “2001) (citing N.Y. Ins. Law § 109 ). Therefore, no private right of action may be implied, and Harrison’s claim relying upon Defendants’ alleged violation of § 3202(b)(1)(B) must be dismissed.”

Deerman v. Fed. Home Loan Mortg. Corp., 955 F. Supp. 1393 (N.D. Ala. 1997). “See N.Y.Ins.Law § 109(c)-(d) (McKinney 1996).”

Hroncich v. Corcoran, 158 A.D.2d 274 (N.Y. App. Div. 1990). · cites it 2× “(See, Insurance Law § 109 [a].) For this reason, the imposition of a monetary penalty under both Insurance Law §§ 109 and 2117 was improper.”

Walts v. First Union Mortg. Corp., 259 A.D.2d 322 (N.Y. App. Div. 1999). “The IAS Court correctly ruled that no private right of action exists under Insurance Law § 6503 (d), which prohibits requiring a mortgage borrower to make private mortgage insurance (PMI) premium payments once the principal amount of the loan drops below 75% of the appraised…”

Am. Transit Ins. v. Corcoran, 565 N.E.2d 485 (NY 1990). · cites it 3× “We agree with the Appellate Division that there is substantial evidence to support the Superintendent’s determination; however, failure to file the required forms in 1987 constitutes one "offense” (Insurance Law § 109 [c]), for which the maximum allowable penalty is $500.”

Fox v. Corcoran, 172 A.D.2d 523 (N.Y. App. Div. 1991). · cites it 3× “Proceeding pursuant to CPLR article 78 to review a determination of the respondent New York State Department of Insurance, dated December 16, 1988, which, after a hearing, suspended the petitioners’ license to sell insurance for a period of not less than one year and directed…”

Greenspan v. Allstate Ins., 937 F. Supp. 288 (S.D.N.Y. 1996). “” N.Y.Ins.L. § 109. The legislative history of section 2601 makes plain that the administrative remedy was designed to supplement rather than preempt individual insureds’ common-law *293 rights.”

Senise v. Corcoran, 146 Misc. 2d 598 (N.Y. Sup. Ct. 1989). · cites it 2× “Finally, the issue of whether the Superintendent of Insurance’s refusal to accept the voluntary surrender of petitioner’s license constitutes a violation of his First and Fourteenth Amendment rights is moot.”

Maimonides Med. Ctr. v. First United Am. Life Ins., 35 Misc. 3d 570 (N.Y. Sup. Ct. 2012). “Subsection (c) (2), which provides for a determination of violation by the Superintendent following his or her own investigation, and imposition of penalties (as provided in Insurance Law § 109), but limits the imposition of civil penalties where the Superintendent finds that…”

Aeropulse, Inc. v. Armstrong & Brooks, Ltd., 740 F. Supp. 938 (E.D.N.Y 1990). “Every penalty imposed by this section shall be in addition to any penalty or forfeiture otherwise provided by law.”

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— N.Y. Insurance Law § 109(c) — 1 case

Deerman v. Fed. Home Loan Mortg. Corp., 955 F. Supp. 1393 (N.D. Ala. 1997). “See N.Y.Ins.Law § 109(c)-(d) (McKinney 1996).”

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