- 77 - Assuming that petitioner's excess value activity might have been considered "insurance" subject to regulation under various State laws, petitioner's "restructured" method of handling EVC's would also seem to violate State laws. For example, in some States the sale or solicitation of insurance without authorization is a violation of State statutes. See, e.g., Cal. Ins. Code sec. 700 (West 1993);36 N.Y. Ins. Law sec. 109(a) 36Cal. Ins. Code sec. 700 (West 1993) provides: �700. Admittance required; penalties; compliance; hearings; issuance of certificate (a) A person shall not transact any class of insurance business in this state without first being admitted for that class. Admission is secured by procuring a certificate of authority from the commissioner. The certificate shall not be granted until the applicant conforms to the requirements of this code and of the laws of this state prerequisite to its issue. (b) The unlawful transaction of insurance business in this state in willful violation of the requirement for a certificate of authority is a public offense punishable by imprisonment in the state prison, or in a county jail not exceeding one year, or by fine not exceeding one hundred thousand dollars ($100,000), or by both, and shall be enjoined by a court of competent jurisdiction on petition of the commissioner. Cal. Ins. Code sec. 35 (West 1993) provides: �35. Transact "Transact" as applied to insurance includes any of the following: (a) Solicitation. (continued...)Page: Previous 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 Next
Last modified: May 25, 2011