N.Y. Laws » CHAPTER Insurance / ARTICLE Unfair Methods of Competition and Unfair and Deceptive Acts and Practices
New York Consolidated Laws

N.Y. Insurance Law § 2402 (2026)

Definitions

✓ text as retrieved May 2026 (this copy records no edition or section history)
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§ 2402. Definitions. In this article:  (a) "Person" means any
individual and any legal entity subject to any provision of this
chapter, engaged in the business of insurance in this state, including
any reciprocal exchange or Lloyds insurer, or in the business of life
settlements.
  (b) "Defined violation" means the commission by a person of an act
prohibited by: subsection (a) of section one thousand one hundred two,
section one thousand two hundred fourteen, one thousand two hundred
seventeen, one thousand two hundred twenty, one thousand three hundred
thirteen, subparagraph (B) of paragraph two of subsection (i) of section
one thousand three hundred twenty-two, subparagraph (B) of paragraph two
of subsection (i) of section one thousand three hundred twenty-four, two
thousand one hundred two, two thousand one hundred seventeen, two
thousand one hundred twenty-two, two thousand one hundred twenty-three,
subsection (p) of section two thousand three hundred thirteen, section
two thousand three hundred twenty-four, two thousand five hundred two,
two thousand five hundred three, two thousand five hundred four, two
thousand six hundred one, two thousand six hundred two, two thousand six
hundred three, two thousand six hundred four, two thousand six hundred
six, two thousand seven hundred three, two thousand nine hundred two,
two thousand nine hundred five, three thousand one hundred nine, three
thousand two hundred twenty-four-a, three thousand four hundred
twenty-nine, three thousand four hundred thirty-three, paragraph seven
of subsection (e) of section three thousand four hundred twenty-six,
four thousand two hundred twenty-four, four thousand two hundred
twenty-five, four thousand two hundred twenty-six, seven thousand eight
hundred nine, seven thousand eight hundred ten, seven thousand eight
hundred eleven, seven thousand eight hundred thirteen, seven thousand
eight hundred fourteen and seven thousand eight hundred fifteen of this
chapter; or section 135.60, 135.65, 175.05, 175.45, or 190.20, or
article one hundred five of the penal law.
  (c) "Determined violation" means any unfair method of competition or
any unfair or deceptive act or practice, which is not a defined
violation but is determined by the superintendent pursuant to section
two thousand four hundred five of this article to be such method, act or
practice.
Notes of Decisions
Cited in 5 cases, 1985–2014 · leading case: Soanes v. Empire Blue Cross/Blue Shield, 970 F. Supp. 230 (S.D.N.Y. 1997).
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Soanes v. Empire Blue Cross/Blue Shield, 970 F. Supp. 230 (S.D.N.Y. 1997). “Plaintiffs claim, inter alia, that Empire breached a health insurance contract (“contract 82079”) and a written stipulation, violated N.Y. Ins. Law §§ 2402 and 2403, engaged in deceptive acts and practices prohibited by N.”
Maimonides Med. Ctr. v. First United Am. Life Ins., 116 A.D.3d 207 (N.Y. App. Div. 2d Dep't 2014). “*214 Section 2 of the legislation creating the Prompt Pay Law added the violation of the above provisions to the definition of a ££[d]efined violation” (Insurance Law § 2402 [b]; see L 1997, ch 637, § 2).”
Kurrus v. CNA Ins., 115 A.D.2d 593 (N.Y. App. Div. 2d Dep't 1985). “The prohibitions of section 2601 are included within Insurance Law article 24 governing unfair trade practices in the business of insurance, under the definition of "Defined violation” (Insurance Law § 2402 [b]). Plaintiffs’ second cause of action raises the question of whether…”
Am. Auto. Consum. Repair Agreement Ltd. v. Corcoran, 108 A.D.2d 547 (N.Y. App. Div. 1st Dep't 1985). · cites it 2× “A violation of Section 40 is deemed a ‘defined violation’ under Insurance Law Section 2402 and requires that a formal hearing be held by the Superintendent.”
Maimonides Med. Ctr. v. First United Am. Life Ins., 116 A.D.3d 207 (N.Y. App. Div. 2d Dep't 2014). “*214 Section 2 of the legislation creating the Prompt Pay Law added the violation of the above provisions to the definition of a ££[d]efined violation” (Insurance Law § 2402 [b]; see L 1997, ch 637, § 2).”
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