Supreme Court Justice

n July 5, 2018, Supreme Court Justice Eileen Rakower annulled Insurance Regulation 208 in full, finding that portions of it conflicted with Insurance Law § 6409(d) and that other provisions regulating title insurance closers and ancillary fees were arbitrary and capricious. DFS subsequently appealed and on January 15, 2019, the Appellate Division affirmed in part and reversed in part.  N.Y. State Land Title Association v. N.Y. State Department of Financial Services. Specifically, the Court affirmed that DFS’s restrictions on payments to in-house, as compared to independent closers, were arbitrary and capricious.  The Appellate Division also affirmed the Supreme Court’s invalidation of DFS’s caps on ancillary fees. The Appellate Division reversed, however, Justice Rakower’s conclusion that Insurance Regulation 208’s restrictions on title insurance marketing contravened Insurance Law § 6409(d), therefore prohibiting entertainment and sporting events.

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