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The NYSID 41C W form serves as a crucial document in the realm of excess line insurance in New York. This form is primarily designed for use by producing brokers, who must provide detailed information about the risk being insured and the efforts made to secure coverage from authorized insurers. At the heart of the form lies the affidavit by the producing broker, requiring essential details such as the broker's license number, name, and contact information. The form also emphasizes the importance of accurately identifying the insured party, mandating that the name matches exactly with that found on the declarations page or any confirmation of coverage. Furthermore, brokers must disclose whether they provided a written Notice of Excess Line Placement to the insured, in compliance with New York Insurance Law. The declination section is particularly significant, as it captures whether the risk has been declined by authorized companies, outlining the reasons for such declinations. This includes the capacity of the insurer to underwrite the risk and any specific underwriting reasons that may apply. Lastly, the form culminates in an affirmation, where the broker attests to the truthfulness of the information provided, reinforcing the integrity of the process. Understanding the components of the NYSID 41C W form is essential for brokers to navigate the complexities of excess line placements effectively.

Similar forms

The NYSID 41C W form serves as an affidavit by the producing broker regarding the placement of excess line insurance in New York. Several other documents share similarities with this form, primarily in their purpose of providing essential information about insurance placements, disclosures, and compliance with regulations. Below is a list of nine documents that are similar to the NYSID 41C W form, along with an explanation of how they relate:

  • Notice of Excess Line Placement (NELP): This document is required to inform the insured about the placement of insurance with an excess line carrier. Like the NYSID 41C W form, it ensures compliance with New York Insurance Law.
  • Excess Line Broker's Affidavit: This affidavit confirms that the broker has followed the necessary steps to place coverage with an excess line insurer. It parallels the NYSID 41C W form in its focus on broker responsibilities and disclosures.
  • Insurance Application Form: This form collects detailed information from the insured about their coverage needs. Similar to the NYSID 41C W, it requires accurate information to ensure proper underwriting.
  • Declination Letter: When an insurer declines to provide coverage, a declination letter explains the reasons. This document aligns with the NYSID 41C W form’s section on declinations, detailing why coverage was not obtained.
  • Broker's Report of Placement: This report outlines the specifics of the coverage obtained for the insured. Like the NYSID 41C W form, it documents the broker’s actions in securing the insurance.
  • Insurance Binder: An insurance binder serves as temporary proof of insurance coverage until the policy is finalized. It shares the NYSID 41C W form's function of ensuring that the insured is aware of their coverage status.
  • Policy Declarations Page: This page summarizes the key details of an insurance policy, including coverage limits and terms. It is similar to the NYSID 41C W form in that it must match the information provided in the affidavit.
  • Certificate of Insurance: This document provides proof of insurance to third parties and includes relevant details about the coverage. It is akin to the NYSID 41C W form in its role of communicating essential insurance information.
  • Compliance Checklist for Excess Line Insurance: This checklist ensures that all regulatory requirements are met during the placement of excess line insurance. It parallels the NYSID 41C W form by emphasizing adherence to New York Insurance Law.

Each of these documents plays a crucial role in the insurance process, ensuring that brokers and insurers comply with regulations while providing clear information to insured parties.

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PART C – AFFIDAVIT BY PRODUCING BROKER

1. PRODUCING BROKER INFORMATION

AFFIDAVIT NO.

Name

Address

License No. BR-

CityState

Zip Code

2.RISK INFORMATION: Name of the Insured

(The name of the insured must be precisely the same in this affidavit and the declarations page, binder, cover note or confirmation of coverage.

3. DISCLOSURE INFORMATION

Yes

No

Did you personally provide a written Notice of Excess Line Placement (Form: NELP/2011) to the insured as required by Section 2118 of the New York Insurance Law and Regulation 41?

4. DECLINATION INFORMATION

(a)Yes

No

Has the Superintendent determined that declinations are not required for this type ofrisk? IF ANSWER TO QUESTION (a) IS “YES”, SKIP QUESTIONS (b) AND (c) GO ON TOTHE AFFIRMATION SECTION.

(b)Yes

No

Does the insured qualify as an “Exempt Commercial Purchaser” that made a written request consistent with the requirements of New York Insurance Law Section 2118(b)(3)(F)? IF ANSWER TO QUESTION (b) IS “YES”, SKIP QUESTION (c) GO ON TO THE AFFIRMATION SECTION.

(c)Yes

No

Was the risk described above submitted by the producing broker to companies: (1) each authorized in New York to write coverages of the kind requested; (2) which the licensee has reason to believe might consider writing the type of coverage or class of insurance involved; and (3) was such risk declined by each such company? If the answer to QUESTION (c) above is “YES”, COMPLETE THE FOLLOWING SCHEDULE:

AUTHORIZED COMPANIES DECLINING THE RISK

1.Name of company

NAIC Code

I believed this insurer would consider underwriting this risk because:

Date of Declin.:

Recent acceptance by the insurer of a risk, requiring that type of coverage or class of Insurance. Advertising by the insurer or its agent indicating it entertains that type of risk/coverage.

Media communications (Newspapers, Trade Magazines, Radio) which indicate the insurer will underwrite that type of coverage.

Communications with other professionals, such as brokers, agents, risk managers, insurance department or ELANY Personnel indicating the insurer entertains such risks.

Any other valid basis you can document.

NYSID Form 41C - W (Ed. January 2023)

Page 1 of 2

PART C – AFFIDAVIT BY PRODUCING BROKER

AFFIDAVIT NO.

AUTHORIZED COMPANIES DECLINING THE RISK

2.Name of Company NAIC Code

I believed this insurer would consider underwriting this risk because:

Date of Declin.:

Recent acceptance by the insurer of a risk, requiring that type of coverage or class of Insurance. Advertising by the insurer or its agent indicating it entertains that type of risk/coverage.

Media communications (Newspapers, Trade Magazines, Radio) which indicate the insurer will underwrite that type of coverage.

Communications with other professionals, such as brokers, agents, risk managers, insurance department or ELANY Personnel indicating the insurer entertains such risks.

Any other valid basis you can document.

3.Name of Company NAIC Code

Date of Declin.:

I believed this insurer would consider underwriting this risk because:

Recent acceptance by the insurer of a risk, requiring that type of coverage or class of Insurance. Advertising by the insurer or its agent indicating it entertains that type of risk/coverage.

Media communications (Newspapers, Trade Magazines, Radio) which indicate the insurer will underwrite that type of coverage.

Communications with other professionals, such as brokers, agents, risk managers, insurance department or ELANY Personnel indicating the insurer entertains such risks.

Any other valid basis you can document.

AFFIRMATION

I,

 

, am the licensee or sublicensee of the named broker

in Section 1 of this affirmation and I hereby affirm under penalties of perjury that all of the information contained herein is true to the best of my knowledge and belief.

Signature of Affiant

 

Date

NYSID Form 41C - W (Ed. January 2023)

Page 2 of 2

Common mistakes

Filling out the NYSID 41C W form can be a straightforward process, but mistakes are common. One frequent error is failing to ensure that the name of the insured matches exactly across all documents. This includes the affidavit, declarations page, and any binders or cover notes. Discrepancies can lead to complications in processing the insurance application.

Another mistake is not providing the required written Notice of Excess Line Placement. According to New York Insurance Law, this notice must be given to the insured. Omitting this step can result in penalties or delays in coverage.

Some individuals overlook the declination questions. If the Superintendent has determined that declinations are not required for the type of risk, it is important to skip subsequent questions. Failing to do so can cause confusion and may lead to unnecessary complications in the application process.

Additionally, when answering the questions about whether the insured qualifies as an “Exempt Commercial Purchaser,” it is crucial to provide accurate information. If the insured does qualify, skipping the next question is necessary. Misunderstanding this requirement can lead to incorrect submissions.

Many people also make the mistake of not listing all authorized companies that declined the risk. Each company’s name and NAIC code must be documented accurately. Incomplete or incorrect information can hinder the application’s approval.

Another common error is not specifying the reason for declination. The form requires clear explanations for why insurers declined to underwrite the risk. Vague responses can lead to misunderstandings and further inquiries from the insurance department.

Providing insufficient documentation to support claims about why certain insurers might consider underwriting the risk is another mistake. Individuals should include any relevant communications or advertising that supports their case. This documentation is essential for a thorough review.

Lastly, failing to sign and date the affirmation can invalidate the entire form. The signature confirms that the information provided is accurate and complete. It is a crucial step that should not be overlooked.

More About Nysid 41C W

  1. What is the purpose of the NYSID 41C W form?

    The NYSID 41C W form serves as an affidavit by the producing broker, documenting the process of securing excess line insurance coverage. It ensures compliance with New York Insurance Law and provides necessary information regarding risk placement and declinations.

  2. Who needs to fill out the NYSID 41C W form?

    The producing broker, who is responsible for placing the insurance risk, must complete the NYSID 41C W form. This includes providing accurate details about the insured and the declination process undertaken with various insurance companies.

  3. What information is required in the broker section of the form?

    In the broker section, the following information must be provided:

    • Broker's license number
    • Name
    • Address
    • City
    • State
    • Zip code
  4. What is the significance of the risk information section?

    This section requires the name of the insured, which must match precisely with the declarations page, binder, cover note, or confirmation of coverage. Accurate identification of the insured is crucial for compliance and clarity in the insurance process.

  5. What does the disclosure information section entail?

    The disclosure section asks whether the broker provided a written Notice of Excess Line Placement to the insured. This notice is a requirement under Section 2118 of the New York Insurance Law, ensuring that the insured is informed about the nature of their coverage.

  6. What are the declination questions about?

    The declination questions assess whether the risk has been submitted to authorized companies and whether those companies declined the risk. This information helps to establish that the broker has made a diligent effort to secure coverage before seeking excess line placement.

  7. What should I do if my risk was declined by multiple companies?

    If your risk was declined by multiple companies, you must complete the schedule provided in the form. This includes listing the names of the companies, their NAIC codes, reasons for declination, and the affiliation of the representative who declined the risk.

  8. How do I affirm the information provided in the form?

    The affirmation section requires the licensee or sublicensee to affirm that all information is true to the best of their knowledge. This affirmation must be signed and dated, confirming the accuracy of the details submitted in the form.

  9. What happens if I provide false information on the form?

    Providing false information on the NYSID 41C W form can lead to penalties under perjury laws. It is essential to ensure that all information is accurate and truthful to avoid legal consequences and maintain the integrity of the insurance process.

Misconceptions

Understanding the NYSID 41C W form is essential for compliance in the insurance industry. However, several misconceptions often arise regarding its use and requirements. Below is a list of common misunderstandings.

  • The NYSID 41C W form is only for specific types of insurance. This form is applicable to a wide range of insurance placements, not limited to any single type or category.
  • Only large insurance companies need to use this form. Regardless of the size of the insurer, any broker involved in placing excess line insurance must complete the form.
  • The form is optional if the broker has a good relationship with the insurer. Completion of the NYSID 41C W form is a legal requirement, regardless of the broker's rapport with the insurance company.
  • Filling out the form is a one-time requirement. The form must be completed for each new risk submitted, as each situation may involve different details and disclosures.
  • All brokers are familiar with the form and its requirements. Many brokers may not have encountered this form before, making it crucial for training and education on its proper use.
  • Providing a Notice of Excess Line Placement is optional. Brokers are legally required to provide this notice to the insured, as stipulated by New York Insurance Law.
  • The form can be completed without detailed risk information. Accurate and detailed risk information is essential for the form to be valid and for the insurer to make informed decisions.
  • Once the form is submitted, the broker has no further responsibilities. Brokers must remain engaged in the process and be prepared to address any follow-up inquiries or issues that may arise.

Addressing these misconceptions can help ensure that brokers comply with New York's insurance regulations and effectively manage their responsibilities in the placement of excess line insurance.

Key takeaways

When filling out and using the NYSID 41C W form, keep the following key takeaways in mind:

  • Accurate Information: Ensure that the name of the insured matches exactly with the declarations page, binder, or confirmation of coverage.
  • Notice Requirement: Confirm that you provided a written Notice of Excess Line Placement to the insured, as mandated by New York Insurance Law.
  • Declination Questions: Answer the declination questions carefully. If the Superintendent has determined that declinations are not required, you can skip subsequent questions.
  • Exempt Commercial Purchaser: Determine if the insured qualifies as an “Exempt Commercial Purchaser” and made a written request as per the law.
  • Authorized Companies: List all authorized companies that declined the risk, including their NAIC codes and reasons for declination.
  • Documentation: Provide documentation or reasoning for why you believed an insurer would consider underwriting the risk.
  • Affirmation Section: Complete the affirmation section accurately, affirming that all information is true to the best of your knowledge.
  • Signature Requirement: The form must be signed by the licensee or sublicensee to validate the affidavit.
  • Review Before Submission: Double-check all entries for accuracy and completeness before submitting the form to avoid delays or issues.

Nysid 41C W: Usage Guide

After gathering the necessary information, you can begin filling out the NYSID 41C W form. This form requires details about the producing broker, the insured, and the risk information. Ensure that all information is accurate and matches other related documents.

  1. Fill in the Producing Broker Information: Enter the license number, name, address, city, state, and zip code of the producing broker.
  2. Provide Risk Information: Write the name of the insured. Ensure this name matches exactly with the declarations page or any other relevant documents.
  3. Complete Disclosure Information: Indicate whether you provided a written Notice of Excess Line Placement (Form: NELP/2011) to the insured. Mark "Yes" or "No."
  4. Answer Declination Information:
    • For question (a), indicate if the Superintendent has determined that declinations are not required for this type of risk. If "Yes," skip to the affirmation section.
    • If you answered "No" to question (a), proceed to question (b). Indicate if the insured qualifies as an “Exempt Commercial Purchaser.” If "Yes," skip to the affirmation section.
    • If you answered "No" to both (a) and (b), answer question (c). Confirm if the risk was submitted to authorized companies and declined. If "Yes," complete the schedule for each company that declined the risk.
  5. Complete the Schedule for Declining Companies: For each company that declined the risk, fill in the name, NAIC code, reason for declination, and date of declination. Include the affiliation of the representative and their name.
  6. Provide Reasoning: For each company, explain why you believed they would consider underwriting the risk based on recent communications or advertising.
  7. Affirmation: At the end of the form, sign and date the affirmation, confirming that all information is true to the best of your knowledge.