Key Takeaways

  • New York producers have fiduciary duties to act in the best interest of clients under Regulation 187
  • Producers must disclose compensation arrangements and conflicts of interest
  • Trust funds and premiums must be handled according to strict fiduciary requirements
  • Producers must maintain accurate records for at least 6 years
  • Continuing education includes mandatory ethics training (1 hour minimum)
Last updated: January 2026

Producer Conduct and Fiduciary Duties

New York insurance producers have legal and ethical obligations to their clients and the public. Regulation 187 established enhanced duties for life insurance and annuity sales.

Fiduciary Duties

A fiduciary is someone who acts in another's best interest. Insurance producers owe fiduciary duties to their clients:

Key Duties

DutyDescription
Best InterestPut client's interests first (Reg 187)
DisclosureReveal all material information
CompetenceMaintain professional knowledge
ConfidentialityProtect client information
Good FaithAct honestly in all dealings

Agent vs. Broker Duties

Producer TypePrimary Duty To
AgentInsurance company (but must be fair to client)
BrokerClient/Insured (stronger fiduciary duty)

Exam Tip: Under Regulation 187, both agents and brokers must act in the client's best interest when recommending life insurance and annuities.

Disclosure Requirements

New York producers must disclose:

Compensation Disclosures

  • Method of compensation (commission, fee, both)
  • Material conflicts of interest
  • Ownership interests in recommending insurers
  • Referral arrangements

Product Disclosures

  • All material terms and conditions
  • Limitations and exclusions
  • Premium and cost information
  • Comparison with alternatives when replacing

Handling of Funds

Producers must handle premiums and client funds according to strict rules:

Premium Collection

RequirementRule
DepositPromptly to insurer or trust account
ComminglingCannot mix with personal funds
Trust AccountRequired for holding premiums
RecordsMust maintain detailed records

Trust Account Requirements

  • Separate from personal accounts
  • Clearly designated as trust account
  • Detailed records of all transactions
  • Regular reconciliation
  • Available for DFS examination

Consequences of Mishandling

  • License suspension or revocation
  • Required restitution
  • Civil liability
  • Criminal charges possible

Record Keeping

New York requires producers to maintain records:

Required Records

Record TypeRetention Period
Applications6 years
Policy documents6 years
Client correspondence6 years
Premium records6 years
Replacement forms6 years

Access to Records

  • DFS can examine records during investigations
  • Must provide records upon request
  • Failure to maintain records is a violation

Ethics in Practice

Client Communication

Best practices for ethical client communication:

  1. Be Truthful - Never exaggerate or mislead
  2. Be Clear - Use language client understands
  3. Be Complete - Disclose all material information
  4. Be Responsive - Address questions and concerns
  5. Be Professional - Maintain appropriate boundaries

Conflicts of Interest

Common conflicts and how to handle them:

ConflictProper Response
Higher commission productDisclose and recommend what's best for client
Insurer incentive tripsDisclose the incentive
Product quotasDon't let quotas drive recommendations
Referral feesDisclose to client

Continuing Education

New York requires ethics training as part of CE:

  • Minimum 1 hour of ethics every renewal period
  • Total of 15 hours required for Life, Accident & Health
  • Must be NY-approved courses
  • Covers regulatory updates and best practices

Professional Standards

Beyond legal requirements, professional standards include:

  • Treating all clients fairly and equally
  • Maintaining professional competence
  • Avoiding conflicts of interest
  • Protecting client confidentiality
  • Being honest in all communications
  • Reporting illegal or unethical conduct to DFS
Test Your Knowledge

Which type of New York insurance producer has the strongest fiduciary duty to the client?

A
B
C
D
Test Your Knowledge

How long must New York insurance producers retain client records?

A
B
C
D