STATE OF NEW YORK ________________________________________________________________________ 7152 2023-2024 Regular Sessions IN ASSEMBLY May 11, 2023 ___________ Introduced by M. of A. WEPRIN -- read once and referred to the Committee on Insurance AN ACT to amend the insurance law, in relation to allowable expenses for title insurance corporations and title insurance agents The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subsection (d) of section 6409 of the insurance law, as 2 amended by section 17 of part V of chapter 57 of the laws of 2014, is 3 amended to read as follows: 4 (d) (1) No title insurance corporation, title insurance agent, or any 5 other person acting for or on behalf of the title insurance corporation 6 or title insurance agent, shall offer or make, directly or indirectly, 7 any rebate of any portion of the fee, premium or charge made, or pay or 8 give to any applicant, or to any person, firm, or corporation acting as 9 agent, representative, attorney, or employee of the owner, lessee, mort- 10 gagee or the prospective owner, lessee, or mortgagee of the real proper- 11 ty or any interest therein, either directly or indirectly, any commis- 12 sion, any part of its fees or charges, or any other consideration or 13 valuable thing, as an inducement for, or as compensation for, any title 14 insurance business, nor shall any applicant, or any person, firm, or 15 corporation acting as agent, representative, attorney, or employee of 16 the owner, lessee, mortgagee or of the prospective owner, lessee, or 17 mortgagee of the real property or anyone having any interest in real 18 property knowingly receive, directly or indirectly, any such rebate or 19 other consideration or valuable thing. Any person or entity who violates 20 this section shall be subject to a penalty of [(1)] (i) five thousand 21 dollars; or [(2)] (ii) up to ten times the amount of any compensation or 22 rebate received or paid in the case of a title insurance corporation or 23 title insurance agent; or [(3)] (iii) up to five times the amount of any 24 compensation or rebate received or paid; or [(4)] (iv) in the case of an 25 applicant for title insurance that covers real property used predomi- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09342-01-3
A. 7152 2 1 nantly for residential purposes, and which consists of not more than 2 four dwelling units, other than hotels and motels, an amount not to 3 exceed the compensation or rebate received or paid, when such applicant 4 knew that it was a violation to receive such rebate, or other consider- 5 ation or valuable thing; provided, however, if such applicant did not 6 know that it was a violation to receive such rebate, or other consider- 7 ation or valuable thing, he or she shall not be assessed a penalty under 8 this [subdivision] subsection. 9 (2) Nothing contained in paragraph one of this subsection to the 10 contrary shall prohibit any title insurance corporation or title insur- 11 ance agent, or any other person acting for or on behalf of the title 12 insurance corporation or title insurance agent, from undertaking any 13 usual and customary marketing activity aimed at acquainting present and 14 prospective customers with the advantages of using a particular title 15 insurer or title insurance agent that are not intended for the purpose 16 of a reward for the future placement of, or the past placement, of a 17 particular piece of title insurance business, including the following 18 expressly permitted activities: 19 (i) Advertising or marketing in any publication, event or media, at 20 market rates, including sponsorships, advertising gifts, promotional 21 items and consumables; 22 (ii) Meals and beverages with present or prospective customers where 23 one or more employees or representatives of the title insurance corpo- 24 ration or title insurance agent are present and title insurance business 25 is discussed; 26 (iii) Continuing legal education course materials or instruction; and 27 (iv) Charitable contributions in the name of the title insurance 28 corporation or title insurance agent. 29 Notwithstanding the provisions of this paragraph, no title insurance 30 corporation or title insurance agent, or any other person acting for or 31 on behalf of a title insurance corporation or title insurance agent 32 shall undertake any expenses for providing vacations, trips, travel, 33 gifts, gift cards, gift certificates or other thing of specific monetary 34 value to any present and prospective customers. 35 § 2. This act shall take effect immediately.