N.Y. Comp. Codes R. & Regs. tit. 11, § 223.3
(i) Known or kowingly means, depending on its use herein, the insurance producer or insurer had actual awareness, or in the exercise of ordinary care should have known, at the time of the act or practice complained of, that the person solicited:
(n) Side fund means a fund or reserve that is part of or otherwise attached to an insurance policy (excluding individually issued annuities) by rider, endorsement or other mechanism that accumulates premium or deposits with interest or by other means. The term does not include:
(3) a premium deposit fund that:
For purposes of this Part only: