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ARTICLE · 20 JANUARY 2020

Pre-Answer Security In New York Is No Joke

New York, among several other states, protects its citizen policyholders in disputes with unauthorized foreign or alien insurance companies by requiring the insurance

United StatesInsurance

New York, among several other states, protects its citizen policyholders in disputes with unauthorized foreign or alien insurance companies by requiring the insurance company to deposit security or obtain a licence to do an insurance business in the state before it can file any pleadings in an proceedings brought against it in New York. This is to make sure that any judgment can be enforced without the New York policyholder chasing around the world to execute. While there are limited exceptions, the general rule is before the defendant insurance company can appear and respond to a lawsuit, it has to post security. When the insurance company fails to comply, its efforts to respond to the case will be limited.

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