EstatePass
PLNew Yorkhard

A New York personal-lines customer, after receiving the producer's baseline Reg 194 disclosure, asks in writing for a detailed description of the compensation the producer will receive from the insurer for placing the homeowners policy. Under 11 NYCRR 30, the producer must do which of the following BEFORE the contract of insurance is bound?

ARefer the customer to the insurer's website without providing any further written information from the producer
Provide a description of the quantity or value of the compensation, including any compensation based in whole or in part on the volume or profitability of business placed with the insurer, and obtain the customer's written acknowledgment
CDecline to disclose, citing producer competitive trade secrets
DProvide the information only after the policy has been bound and issued

Why this is the answer

Reg 194 has two layers. Layer 1 (baseline): at/before application, the producer states role and the fact of insurer compensation. Layer 2 (on request): if the customer asks for more detail, the producer must — before the policy is bound — provide a written description of the quantity or value of the compensation, including any contingent or supplemental compensation tied to volume, profitability, retention, or growth, and obtain the customer's written acknowledgment. The disclosure cannot be deferred until after binding, nor outsourced to the insurer's website, nor refused on trade-secret grounds.

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