N.Y. Ins. Law § 2303

§ 2303. Standards for rates. Rates shall not be excessive, inadequate,\nunfairly discriminatory, destructive of competition or detrimental to\nthe solvency of insurers. In determining whether rates comply with the\nforegoing standards, the superintendent shall include all income earned\nby such insurer and any insurer controlling or controlled by such\ninsurer or under common control by or with such insurer on all its\ninvestments of any kind and wherever located. The superintendent shall\nfurther determine whether any component of such rates represent an\neffort on the part of the insurer to recover losses incurred in another\nstate due to any referendum, law or regulation which requires a general\nreduction in rates for the kinds of insurance described in section two\nthousand three hundred two of this article. Such a finding shall be\ndeemed unfairly discriminatory for the purposes of this article.\n