New York Consolidated Laws

N.Y. Insurance Law § 301 (2026)

Regulations by superintendent

✓ current as of May 2026

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§ 301. Regulations by superintendent. The superintendent shall have
the power to prescribe and from time to time withdraw or amend, in
writing, regulations, not inconsistent with the provisions of this
chapter:
  (a) governing the duties assigned to the members of the staff of the
department;
  (b) effectuating any power, given to him under the provisions of this
chapter to prescribe forms or otherwise make regulations;
  (c) interpreting the provisions of this chapter; and
  (d) governing the procedures to be followed in the practice of the
department.

Notes of Decisions

Cited in 34 cases (3 in the last 5 years), 1985–2025 · leading case: The Burlington Ins. Co. v. NYC Transit Auth., 79 N.E.3d 477 (NY 2017).

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The Burlington Ins. Co. v. NYC Transit Auth., 79 N.E.3d 477 (NY 2017). · cites it 2× “57 afforded the current and former incarnations of the State Insurance Department (see Insurance Law § 301), protected consumers who purchase insurance -- such as "auto," "home," and "life" policies -- for everyday needs.”

Med. Soc'y v. Serio, 800 N.E.2d 728 (NY 2003). “Responsibility for administering the Insurance Law rests with the Superintendent of Insurance (see Insurance Law § 301), who has “broad power to interpret, clarify, and imple *864 ment the legislative policy” (Ostrer v Schenck, 41 NY2d 782 , 785 [1977]).”

Raffellini v. State Farm Mut. Auto. Ins., 878 N.E.2d 583 (NY 2007). “, 100 NY2d at 863-864 , quoting Ostrer v Schenck, 41 NY2d 782 , 785 [1977]) and has directed the Superintendent to “prescribe forms” {see Insurance Law § 301 [b]). Thus, in Medical Society, where the Superintendent’s power to adopt regulations imposing strict time requirements…”

In Re the Liquidation of Union Indem. Ins., 699 N.E.2d 852 (NY 1998). · cites it 2× “nt of Insurance, as administrator of the Security Fund (a role distinct from that as Liquidator in this particular circumstance [ see , Insurance Law § 7601 (e)]), has authority to "prescribe[,] * * * withdraw or amend * * * regulations * * * interpreting the provisions of [the…”

East Acupuncture, P.C. v. Allstate Ins., 61 A.D.3d 202 (N.Y. App. Div. 2009). “Responsibility for administering the Insurance Law rests with the Superintendent, who has broad power to interpret, clarify, and implement the legislative policy by promulgating regulations (see Insurance Law § 301; Raffellini v State Farm Mut.”

State Farm Mut. Auto. Ins. v. James M. Liguori, M.D., P.C., 589 F. Supp. 2d 221 (E.D.N.Y 2008). “As the New York Court of Appeals has stated and as Judge Glasser noted in CPT Medical Services, regulations by the Department of Insurance interpreting provisions of the insurance law are generally entitled to great deference: The Superintendent of Insurance is vested by…”

In Re September 11th Liab. Ins. Coverage Cases, 333 F. Supp. 2d 111 (S.D.N.Y. 2004). “See N.Y. Ins. Law § 301 (giving the Superintendent the power to prescribe regulations not inconsistent with provisions of the insurance law).”

New York Pub. Interest Rsch. Grp., Inc. v. New York State Dep't of Ins., 488 N.E.2d 466 (NY 1985). “The Superintendent of Insurance is vested by Insurance Law § 301 with the power to prescribe regulations interpreting the provisions of the Insurance Law, provided only that his regulations are not inconsistent with some specific provision of the law (Ostrer v Schenck, 41 NY2d…”

Sullivan Fin. Grp., Inc. v. Wrynn, 94 A.D.3d 90 (N.Y. App. Div. 2012). “, 9 NY3d 196, 201 [2007]; see Insurance Law § 301). Moreover, “[i]n so doing, [respondent] can adopt regulations that go beyond the text of [the Insurance Law], provided [the regulations] are not inconsistent with the statutory language or its underlying purposes” (Matter of…”

Allcity Ins. v. Williams, 120 A.D.2d 1 (N.Y. App. Div. 1986). “The authority of the Superintendent of Insurance to promulgate such a regulation rests not only upon his general power to interpret the provisions of the Insurance Law (Insurance Law § 301 [c]) but also upon his specific power to define the contents of a mandatory policy…”

East Acupuncture, P.C. v. Allstate Ins., 15 Misc. 3d 104 (N.Y. App. Term. 2007). “As the Legislature granted the Superintendent “broad power to interpret, clarify, and implement the legislative policy” in the no-fault arena (Matter of Medical Socy.”

Walt v. GEICO Gen. Ins., 16 Misc. 3d 23 (N.Y. App. Term. 2007). “) Responsibility for administering the Insurance Law rests with the Superintendent of Insurance (Insurance Law § 301), who has “broad power to interpret, clarify, and implement the legislative policy” (Ostrer v Schenck, 41 NY2d 782 , 785 [1977] [internal quotation marks…”

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