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Car Insurance Question  In New York, can a voluntary policy be uprated after 60 days or mid term?

Auto insurance companies typically do not adjust, uprate, raise or lower rates mid-term. For example if you have a clean driving record when you start the policy you are rated as such. If mid-term or mid-policy you get a speeding ticket conviction, your rates normally are not adjusted until the policy renewal period.

This is general information for most insurance companies in most states. State laws and insurance regulations can differ so to find out how the insurance regulator of NYS allows for rate changes contact the New York State Insurance Department.

New York laws state that you should notify your insurer of any changes while the policy is in force, such as a change of your address or the addition or deletion of a vehicle or driver. An insurer, by law, must revise your premium if it discovers certain information (e.g., that your vehicle is used for purposes other than those listed on your application, other persons operating your vehicle, or surchargeable accidents or convictions) that affect the rating exposures and/or characteristics.

In NY, a mid-term cancellation is not permitted after a new policy is in force for 60 days, or anytime during a renewal policy, except for such limited reasons as revocation or suspension of a driver’s license of any person insured under your policy, non-payment of premium, or discovery of fraud or misrepresentation.

The NYS insurance regulator does allow an insurer to cancel a new policy (not a renewal policy) for any reason not contrary to New York Insurance Law by mailing a notice within the first 60 days. This termination period for cancellations permits insurers the time and opportunity to verify any underwriting information on a brand-new risk, in order to confirm that it wants to insure you

In addition, an insurer is entitled to cancel any policy mid-term if it discovers any fraud or material misstatement made in the application for the policy. Discovery of fraud in making a claim may also subject any person involved to criminal prosecution and/or a civil penalty under the Insurance Law of up to $5,000, plus the value of the fraudulent claim.

Article 34 of the current New York insurance law, particularly section 3425, may apply to your question. See a portion of this law below:

(b) During the first sixty days a covered policy is in effect, no notice of cancellation shall be issued or be effective unless it states or is accompanied by a statement of the specific reason or reasons for such cancellation.

(c) After a covered policy has been in effect for sixty days, or upon the effective date if the policy is a renewal, no notice of cancellation shall be issued to become effective unless required pursuant to a program approved by the superintendent as necessary because a continuation of the present premium volume would be hazardous to the interests of policyholders of the insurer, its creditors or the public, or unless it is based on one or more of the following:

(1) With respect to automobile insurance policies:

(A) nonpayment of premium, provided, however, that a notice of cancellation on this ground shall inform the insured of the amount due;

(B) suspension or revocation during the required policy period of the driver’s license of the named insured or any other person who customarily operates an automobile insured under the policy, other than a suspension issued pursuant to the subdivision one of section five hundred ten-b of the vehicle and traffic law or one or ore administrative suspensions arising from the same incident which has or have been terminated prior to the effective date of cancellation; or

(C) discovery of fraud or material mis-representation in obtaining the policy or in the presentation of a claim there under.

(2) With respect to personal lines insurance policies:

(A) nonpayment of premium, provided, however, that a notice of cancellation on this ground shall inform the insured of the amount due;

(B) conviction of a crime arising out of acts increasing the hazard insured against;

(C) discovery of fraud or material misrepresentation in obtaining the policy or in the presentation of a claim there under;

(D) discovery of willful or reckless acts or omissions increasing the hazard insured against;

(E) physical changes in the property insured occurring after issuance or last annual anniversary date of the policy which result in the property becoming insurable in accordance with the insurer’s objective, uniformly applied underwriting standards in effect at the time the policy was issued or last voluntarily renewed; or

(F) a determination by the superintendent that the continuation of the policy would violate or would place the insurer in violation of this chapter.

You should be able to view the remainder of the insurance law section 3425, or other sections of the NYS law, by going to the NYS Insurance Department's site or searching NYS insurance for this section.

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This car insurance question was asked on 7/29/2006
This auto insurance answer was last updated on 8/7/2006
Bridget C requested this car insurance solution.
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