N.Y. Comp. Codes R. & Regs. tit. 11 § 186.13

Current through Register Vol. 46, No. 25, June 18, 2024

Section 186.13 - Adjustment of claims

(a) No insurer or representative thereof shall agree with, or permit any person, firm, or corporation, other than its own employees, licensed attorneys, or adjusters, to adjust or pay any claims under debtor's policies. In individual cases, an insurer, may, except as provided in subdivision (b) of this section, permit an agent to negotiate:

(1) automobile glass losses; or

(2) other property losses not exceeding $200.

(b) No agent, broker or other person having a retrospective commission arrangement, or other beneficial interest in such policy, shall:

(1) partake in the selection, designation, or employment of any insurance carrier's employee, licensed adjuster, or attorney;

(2) provide any office facilities to any insurance carrier's employee, licensed adjuster, or attorney; or

(3) act in any capacity, directly or indirectly, in the adjustment of a loss, on behalf of the insurance carrier.

An insurer, in individual cases, may permit such agent to negotiate automobile glass losses, or other property losses not exceeding $100.

(c) No insurer or representative thereof shall enter into, or renew any agreement with any agent, broker, or other person which permits the retention or withholding by such person, for the purpose of payment of losses, or loss adjustment expenses, of any portion of premium collected under policies issued by the insurer.

(d) Nothing herein shall prohibit reasonable contingent commission arrangements based on underwriting results.

N.Y. Comp. Codes R. & Regs. Tit. 11 § 186.13