Since 2005, banks have continued to provide certain military service members with loans that require payment of interest far beyond the 16% New York state cap under what has become known as the “Fort Drum Loophole.” The loophole has specifically exempted banks from the New York usury laws for loans
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New York Developments
NY DFS Temporary Head Named
New York Superintendent of Financial Services Benjamin M. Lawsky’s chief of staff will take over leadership of the Department of Financial Services after Lawsky’s departure next week. Mr. Lawsky recently announced that he is leaving the DFS to start his own firm. Anthony Albanese, chief of staff to Benjamin M.
NYDFS to Focus on Cyber Security
The New York State Department of Financial Services (NYDFS) has expanded its information technology examination procedures to focus more attention on cyber security. NYDFS intends to schedule IT/cyber security examinations after conducting comprehensive risk assessments. In a letter dated March 26, 2015, Superintendent Benjamin Lawsky (available here) asks…
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NY DFS Announces New Focus on Cyber Threat in Bank Exams
The NY State Department of Financial Services has announced new IT examination procedures for banks chartered or licensed in NYS to focus on cyber security. The announcement, found here, sets out areas of focus in upcoming examinations, including written policies and procedures, intrusion protection, information security testing (including penetration…
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New York Requires Insurer Information in Wake of TRIA Expiration
As of December 31, 2014, the Terrorism Risk Insurance Program Reauthorization Act of 2007 (“TRIA”) will expire.
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Edwards Wildman – Insurance and Reinsurance Review – May 2014
Welcome to the fourth e-edition of the Edwards Wildman Insurance and Reinsurance Review. …
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Massachusetts Superior Court Determines That New York Notice Law Does Not Apply Despite New York Choice Of Law Provision In Policy
In Catlin Specialty Ins. Co. v. Am. Superconductor Corp., 12-2314-BLS1 (Mass. Super. Ct. Jan. 29, 2014), Catlin sought a declaration of no coverage based on late notice, among other reasons. …
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Webinar: Sports Concussion Litigation- Latest NCAA and High School Research, Developments and Findings
Edwards Wildman’s Robert W. DiUbaldo will participate on a panel hosted by Perrin Webinar entitled: Sports Concussion Litigation- Latest NCAA and High School Research, Developments and Findings …
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New York to License Title Insurance Agents for the First Time
New York’s latest budget agreement was announced on March 30, 2014 and includes a measure to provide the Department of Financial Services (“DFS”) with authority to issue licenses to title insurance agents for the first time. …
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New York State Department of Financial Services Circular Letters Regarding Disaster Preparedness
On March 31, 2014, the New York State Department of Financial Services (“DFS”) issued three separate Circular Letters pursuant to various laws, including Insurance Law Sections 308, 1109, 2130 and 7001, Articles 42, 44 through 47, 52 through 55 and 59, and Financial Services Law Sections 202 and 306, setting forth standards expected of the “addressees” (as defined below) in planning, preparing for and responding to disasters in New York State. …
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