New York Proposes New Producer Compensation Transparency Regulation
Sep 11, 2009
The New York Insurance Department (“Department”) announced on September 10, 2009 that it has sent a new Producer Compensation Transparency Regulation (“Regulation 194”) to the Governor’s Office of Regulatory Reform for review.
Regulation 194 would require insurance producers to inform customers of their right to request information about compensation received by producers from an insurer for the sale or service of insurance.
To view the complete text of Regulation 194, click here.
Regulation 194 must either be adopted, revised or withdrawn by the Department after a 45-day public comment period.
New York Superintendent of Insurance Eric Dinallo originally issued the proposed disclosure Rule more than six months after holding joint hearings with New York Attorney General Andrew Cuomo to address the compensation system established pursuant to 2005 and 2006 settlements with certain brokers and insurers.
In three hearings held during a two-week period last July in New York State, authorities heard divergent testimony on issues such as contingent commissions, equal treatment, disclosure requirements and the difference between agents and brokers.
The Department’s news release with a hyperlink to the proposed Regulation is reprinted below.
Should you have any questions or comments, please contact Colodny Fass.
Department Submits Proposed Producer Compensation Transparency Regulation to the Governor’s Office of Regulatory Reform
September 10, 2009
The New York Insurance Department today announced it is proposing a new Producer Compensation Transparency Regulation and has sent it to the Governor’s Office of Regulatory Reform (GORR) for review. The proposed regulation would require insurance producers to notify insurance consumers of their right to request information on compensation provided to producers by insurers for the sale or service of insurance.
The proposed regulation the result of extensive outreach to interested parties, including representatives of the insurance industry and consumer groups, beginning with public hearings in July 2008. After approval by GORR, the proposed regulation will be published in the New York Register, followed by a 45-day formal public comment period. After reviewing any comments received, the Department may adopt, revise or withdraw the proposed regulation. To view the text of the proposed regulation, click here.
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