N.Y. Comp. Codes R. & Regs. tit. 11 § 228.2

Current through Register Vol. 46, No. 16, April 17, 2024

Section 228.2 - Prohibition on Inducements for Future Title Insurance Business; Permitted Expenses

(a) Pursuant to Insurance Law section 6409(d) as well as other Insurance Law and Financial Services Law provisions that authorize the superintendent to regulate market conduct in the title insurance industry, no title insurance corporation, title insurance agent, or any other person acting for or on behalf of such title insurance corporation or title insurance agent, including any employee or independent contractor thereof, shall offer or make any rebate, directly or indirectly, or pay or give any consideration or valuable thing, to any applicant, or to any person, firm or corporation acting as an agent, representative, attorney or employee of the actual or prospective owner, lessee, mortgagee of the real property or any interest therein, as an inducement for, or as compensation for, any title insurance business, including future title insurance business, and maintaining existing title insurance business, regardless of whether provided as a quid pro quo for specific business.

(b) No title insurance corporation, title insurance agent, or any other person acting for or on behalf of such title insurance corporation or title insurance agent, including any employee or independent contractor thereof, shall provide or offer to provide to any person, firm or corporation acting as an agent, representative, attorney or employee of the actual or prospective owner, lessee, mortgagee of the real property or any interest therein any payment, expense, compensation or benefit associated with the following:

(1) Meals and beverages unless otherwise authorized under sub-division (c) of this section;

(2) entertainment, including tickets to sporting events, concerts, shows or artistic performances;

(3) gifts, including cash, gift cards, gift certificates, or other items with a specific monetary face value;

(4) outings, including vacations, holidays, golf, ski, fishing, and other sport outings, gambling trips, shopping trips, or trips to recreational areas, including country clubs;

(5) parties, including cocktail parties and holiday parties, open houses;

(6) providing assistance with business expenses of another person, including but not limited to rent, employee salaries, advertising, furniture, office supplies, telephones, telecommunications, computers and other electronic devices and business equipment, or automobiles, or leasing, renting, operating, or maintaining any of such items, for use by other than a title insurance corporation or title insurance agent;

(7) use of premises, unless a fair rental fee is charged that is equal to the market value in the premises' geographical area;

(8) paying the fees or charges of any professional representing an insured as part of a real estate transaction, such as an attorney, engineer, appraiser, or surveyor, or paying rent or all or any part of the salary or other compensation of any employee or officer of any current or prospective customer; and

(9) providing or offering to provide non-title services, without a charge that is commensurate with the actual cost thereof.

(c) Subject to subdivision (a) or (b) of this section, the following expenses shall be permissible provided that they are without regard to insured status or conditioned directly or indirectly on the referral of title business, and offered with no expectation of, or obligation imposed upon, to refer, apply for or purchase insurance. In addition, any expenses incurred pursuant to this subsection must be reasonable and customary, and not lavish or excessive:

(1) Advertising or marketing in any publication, or media, at market rates;

(2) Advertising and promotional items of a de minumus value that include a permanently affixed logo of a title insurance agent or title insurance corporation;

(3) Promotional or marketing events including complementary food and beverages that are open to and attended by the general public;

(4) Continuing legal education events including complementary food and beverages that are open to any member of the legal profession;

(5) Complementary attendance offered by a title insurance corporation, title insurance agent as a host of a marketing or promotional event, including food and beverages available to all attendees so long as (a) title insurance business is discussed for a substantial portion of the event including a presentation of title insurance products and services, (b) such events are not offered on a regular basis or as a regular occurrence, and (c) at least twenty-five diverse individuals from different organizations not affiliated with the host attend or were, in good faith, invited to attend in person;

(6) Charitable contributions made by negotiable instrument made payable only to the charitable organization in the name of the title insurance corporation or title insurance agent;

(7) Political contributions.

(d) The items listed in this section are intended as examples of permitted and prohibited practices under Insurance Law 6409(d), and should not be considered as exclusive or exhaustive.

N.Y. Comp. Codes R. & Regs. Tit. 11 § 228.2

Adopted New York State Register October 18, 2017/Volume XXXIX, Issue 42, eff. 12/18/2017