New York 2025-2026 Regular Session

New York Senate Bill S05311

Introduced
2/20/25  
Refer
2/20/25  

Caption

Relates to mortgage guaranty insurance; allows for withdrawals from the contingency reserve if the superintendent determines that such withdrawals will not be harmful to policy holders.

Summary

This bill amends New York’s insurance law provisions governing mortgage guaranty insurance, specifically the rules for maintaining and using a contingency reserve. Under current law, mortgage guaranty insurers must place 50 percent of remaining earned premiums into a contingency reserve and generally keep those contributions for 120 months, with withdrawals allowed only in years when incurred losses exceed 35 percent of earned premiums and with prior approval from the superintendent. The bill adds an additional pathway for withdrawals from the contingency reserve. It would allow the superintendent to approve withdrawals in other circumstances as well, so long as, after due consideration, the superintendent determines the withdrawal would not be harmful to policyholders. The bill does not change the requirement to establish the reserve or the basic reserve computation rules, and it would take effect immediately upon enactment.

Impact

The bill would modify section 6502 of the Insurance Law, which regulates mortgage guaranty insurers’ contingency reserve requirements in New York. Its practical effect is to give the superintendent of financial services more discretion to authorize reserve withdrawals beyond the existing loss-threshold trigger, potentially increasing flexibility for insurers while preserving regulatory oversight. The change primarily affects mortgage guaranty insurance companies and, indirectly, policyholders whose protection depends on the adequacy of those reserves.

Sentiment

Based on the bill text and available context, the measure appears to be framed as a targeted regulatory adjustment rather than a controversial policy overhaul. The stated purpose is to allow reserve access when the superintendent concludes policyholders would not be harmed, suggesting a balance between insurer flexibility and consumer protection. No committee transcript or vote record was provided, so there is no documented public debate or recorded sentiment beyond the bill’s neutral, technical presentation.

Contention

The main point of potential contention is the expanded discretion given to the superintendent to permit withdrawals from the contingency reserve outside the existing loss-based standard. Supporters would likely view this as a practical safeguard that allows insurers to manage capital more efficiently when policyholder interests are protected. Critics could worry that loosening the withdrawal standard may weaken reserve protections and reduce the financial cushion available to cover mortgage insurance losses, though the bill retains superintendent approval and a policyholder-harm standard.

Companion Bills

NY A04254

Same As Relates to mortgage guaranty insurance; allows for withdrawals from the contingency reserve if the superintendent determines that such withdrawals will not be harmful to policy holders.

Previously Filed As

NY A00900

Relates to mortgage guaranty insurance; allows for withdrawals from the contingency reserve if the superintendent determines that such withdrawals will not be harmful to policy holders.

NY S03592

Relates to mortgage guaranty insurance; allows for withdrawals from the contingency reserve if the superintendent determines that such withdrawals will not be harmful to policy holders.

NY A04254

Relates to mortgage guaranty insurance; allows for withdrawals from the contingency reserve if the superintendent determines that such withdrawals will not be harmful to policy holders.

NY SB503

Insurance; rental home marketplace guarantees from the definition of property insurance; exempt

NY HB2567

To amend the Internal Revenue Code of 1986 to provide special rules for purposes of determining if financial guaranty insurance companies are qualifying insurance corporations under the passive foreign investment company rules.

NY SB1987

A bill to amend the Internal Revenue Code of 1986 to provide special rules for purposes of determining if financial guaranty insurance companies are qualifying insurance corporations under the passive foreign investment company rules.

NY SB3162

GROUNDWATER WITHDRAWALS

NY HSB520

A bill for an act relating to withdrawal requirements for insurance companies, insurance company affiliates, and other entities engaged in the business of insurance.

NY HB2130

Relating to the Oregon Insurance Guaranty Association.

NY S0015

Requires homeowner’s insurance providers to provide two months’ notice before increasing any policy more that 20%. Also caps rate increases for policy holders that are 65 years of age or older and meet certain income limits.

Similar Bills

No similar bills found.