New York Appellate Court Reinstates Majority of Title Industry “Kickback” Regulations

New York Appellate Court Reinstates Majority of Title Industry “Kickback” Regulations


By: Janice Mac Avoy, Amber Koonce

On January 15, 2019, in In re New York State Land Title Association, Inc. v. New York State Department of Financial Services, No. 151562/18 (N.Y. App. Div. 1st Dep't, Jan. 15, 2019), the Appellate Division of the New York State Supreme Court reversed a trial court decision that had invalidated the New York State Department of Financial Services (“DFS”) regulations limiting title insurers' ability to offer inducements to obtain business. The Appellate Court, in reversing, held that the governing statute unambiguously prohibits an insurer from offering or making any payment, rebate, or consideration as inducement or compensation for any title insurance business, and therefore, DFS was entitled to adopt regulations severely restricting the title insurance industry's practice of providing certain entertainment benefits to generate business.

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