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P&CNew Yorkeasy

Which NY personal lines product remains subject to prior-approval rate regulation rather than the file-and-use procedure used for most commercial risks?

ACommercial general liability
BCommercial inland marine
CLarge commercial property in the Free Trade Zone
Personal private-passenger auto

Why this is the answer

Under NY Ins. Law § 2305, personal private-passenger auto and homeowners are prior-approval lines — the insurer cannot use a new rate until DFS issues an affirmative approval. Commercial liability, inland marine, and most other commercial property/casualty rates use file-and-use with a 30-day deemer. Large commercial risks that qualify under Free Trade Zone (§§ 6300-6306) bypass rate filing entirely. The prior-approval carve-out for personal lines reflects consumer-protection concerns where individuals lack bargaining leverage to negotiate price.

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