The New York Insurance Department is taking a new approach to insurance regulation called principles-based regulation (see here). A specific draft regulation (Regulation 185, see here) focuses on desired outcomes rather than the details or technicalities of traditional regulation. One of the principles requires fairness in dealing with conflicts of interest and another requires clear and full disclosure. New York Insurance Superintendent Eric Dinallo commented:
We expect to turn regulation from periodic 'gotcha' exams into a continuing dialogue. Companies that deal honestly with the department can expect to be treated honestly in return.
The New York Insurance department is also working on a draft regulation requiring all insurance producers to disclose the value of their compensation to clients (see here). According to Steven Nachman, Deputy Superintendent for Frauds and Consumer Services, the regulation would:
ban any New York broker from accepting any compensation from an insurer if not disclosed to the client beforehand
While parts of this are certain to be controversial, a more principled approach to regulation is a strong step in the right direction.
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