§ 5910. Administrative and procedural authority regarding risk retention groups and purchasing groups. The superintendent is authorized to make use of any of the powers, established under this chapter to enforce the laws of this state, not specifically preempted by the federal Liability Risk Retention Act of 1986. Such powers include the superintendent's administrative authority to investigate, issue subpoenas, conduct depositions and hearings, issue orders, impose penalties and seek injunctive relief. With regard to any investigation, administrative proceeding, or litigation, the superintendent may rely on the procedural law and regulations of this state.

Terms Used In N.Y. Insurance Law 5910

  • Liability: means legal liability for damages (including costs of defense, legal costs and fees, and other claims expenses) because of injuries to other persons, damage to their property, or other damage or loss to such other persons resulting from or arising out of:

    (1) (A) any business (whether profit or nonprofit), trade, product, services (including professional services), premises, or operations; or

    (B) any activity of any state or local government, or any agency or political subdivision thereof; and

    (2) does not include personal risk liability and an employer's liability with respect to its employees other than legal liability under the Federal Employers' Liability Act (45 U. See N.Y. Insurance Law 5902
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • State: means any state of the United States or the District of Columbia. See N.Y. Insurance Law 5902
  • Superintendent: means the superintendent of financial services of this state. See N.Y. Insurance Law 5902
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