Monday, December 30, 2019

Case Alert: Title Regulation 208 is Back - No More Wining and Dining Permitted - DFS Enforcement is Coming

On December 26, 2019, the Appellate Division, First Department, reversed the Supreme Court and dismissed the New York State Land Title Association's challenge to Regulation 208.

Now, title insurance underwriters and their agents may not offer free meals and beverages, tickets to entertainment events, gifts, golf outings, parties, office supplies and the like as we had previously discussed in the November 2019 article, No More Title Insurance Bribes: Compliance Protocol needed at Every Title Insurance Agency

The only aspects of Regulation 208 which remain annulled after this decision are the ancillary fees at 228.5 and the closer payment restrictions.

To understand the current title landscape, read our blog from January 19, 2019, Title Insurance Regulation 208 is Back - Soliciting Title Business is Seriously Restricted Yet Again.

Now, after the December 26 decision, the only possibilities that can change the new reality of the title insurance industry in New York are:

  • An application for leave to appeal to the Court of Appeals is made and granted, then, the matter is heard and reversed;
  • New regulations are issued by DFS; or
  • New legislation is enacted. 
Title insurance companies should immediately issue policy notices to their staff, conduct trainings and prepare for DFS enforcement. 


No comments:

Post a Comment