EstatePass
L&HNew Yorkhard

A New York carrier completes a Reg 60 replacement transaction. The producer's compliance officer asks how long the insurer must retain the Important Notice, Disclosure Statement, sales material, and the proof that the existing insurer received the 10-day notice. Which period correctly states the insurer's record-retention obligation under Reg 60?

A2 years from policy issue
6 years from policy issue or until the next regular DFS examination, whichever is later
C3 years from policy issue
DIndefinitely, until the policy lapses

Why this is the answer

Under 11 NYCRR § 51.6(b)(8), the insurer must maintain a replacement register and copies of all replacement documents (including the Important Notice, Disclosure Statement, sales material, and proof of the 10-day notice to the existing insurer) for at least 6 years or until the conclusion of the next regular DFS market-conduct examination, whichever comes later. This 'whichever is later' tail distinguishes Reg 60 from the flat 6-year Reg 187 rule. Per 11 NYCRR § 51.6(b)(8).

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