OGC Opinion No. 06-11-13

The Office of General Counsel issued the following opinion on November 15, 2006 representing the position of the New York State Insurance Department.

Re: Personal meeting between the insurance producer and the insured

Issue

Must an insurance producer meet in person with a prospective insured before selling that person an assigned risk insurance policy over the internet?

Conclusion

Although there is no statutory requirement for an insurance agent or broker to personally meet the individual to whom an insurance policy is being sold, individual insurers may require it, and, in fact, the New York Automobile Insurance Plan, (hereinafter NYAIP), requires a producer to meet in person with the individual to whom an insurance policy is being sold.

Facts

None were provided.

Analysis

The inquirer is an insurance agent or broker, and wants to know whether he or she must meet in person with a prospective insured before selling such person an assigned risk insurance policy over the internet. Although there is no statutory requirement for an insurance agent or broker to personally meet the individual to whom an insurance policy is being sold, individual insurers may require it, and, in fact NYAIP requires a producer to meet in person with the individual to whom an insurance policy is being sold.

NYAIP states in pertinent part in Section 15(A)(1)(c):

For further information one may contact Senior Attorney Susan Dess at the New York City Office.