New York Consolidated Laws

N.Y. Insurance Law § 5906 (2026)

Security funds and compulsory associations

✓ text as retrieved May 2026 (this copy records no edition or section history)
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§ 5906. Security funds and compulsory associations. (a) No risk
retention group shall be required or permitted to join or contribute
financially to any insurance insolvency security fund, or similar
mechanism, in this state, nor shall any risk retention group, or its
insureds or claimants against its insureds receive any benefit from any
such fund for claims arising under the insurance policies issued by such
risk retention group.
  (b) When a purchasing group obtains insurance covering its members'
risks from an insurer not authorized in this state or a risk retention
group, no such risks wherever resident or located shall be covered by
any insurance insolvency security fund or similar mechanism in this
state.
  (c) The superintendent may require risk retention groups not chartered
in this state to participate, and may exempt domestic risk retention
groups from participation, in any mechanism established or authorized
under the law of this state for the equitable apportionment among
insurers of liability insurance risks or of liability insurance losses
and expenses incurred on policies written through such mechanism, and
such risk retention groups shall submit sufficient information to the
superintendent to enable the superintendent to apportion on a
non-discriminatory basis the risk retention group's proportionate share
of such risks or of such losses and expenses.
Notes of Decisions
Cited in 3 cases, 2019–2019 · leading case: Givens v. Kingsbridge Hgts. Care Ctr., Inc., 171 A.D.3d 569 (N.Y. App. Div. 1st Dep't 2019).
Givens v. Kingsbridge Hgts. Care Ctr., Inc., 171 A.D.3d 569 (N.Y. App. Div. 1st Dep't 2019). “Risk retention groups, unlike traditional insurance companies, are not required to contribute to a guaranty fund which would be available in the event of their insolvency ( see 15 USC §§ 3901-3906 ; Insurance Law § 5906 [exempts risk management companies from the requirement of…”
Caimares v. Erickson, 173 A.D.3d 417 (N.Y. App. Div. 1st Dep't 2019). “Plaintiff's position to the contrary is particularly persuasive, given the unavailability of indemnity funds to compensate her for harms attributable to defendant Erickson ( see Insurance Law § 5906). To the extent defendants herald the creation of RRGs by federal law as a…”
Hala v. Orange Reg'l Med. Ctr., 178 A.D.3d 151 (N.Y. App. Div. 2d Dep't 2019). “Notably, Insurance Law § 5906 precludes risk retention groups from participating in medical malpractice insurance in New York.”
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