The Office of General Counsel issued the following opinion on January 11, 2005, representing the position of the New York State Insurance Department.

Re: Insurance agent and broker license number on quotation and/or other correspondence

Question Presented

Does the New York State Insurance Law ("N.Y. Ins. Law") and regulations promulgated thereunder require that insurance agents and insurance brokers disclose their license numbers on quotations or other correspondence?

Conclusion

No. There is no requirement under the N.Y. Ins. Law or regulations promulgated thereunder that insurance agents or brokers disclose their license numbers on quotations or other correspondence. Previous Office of General Counsel Opinions available on the New York State Insurance Department's website (www.ins.state.ny.us) have addressed whether insurance agents and brokers must disclose their license numbers on business cards or their website.

Facts

No facts are presented.

Analysis

The N.Y. Ins. Law and regulations promulgated thereunder do not require that insurance agents and brokers disclose their license numbers on quotations or other correspondence. Previous Office of General Counsel Opinions have addressed related issues.

Office of General Counsel Opinion Number 04-03-14 dated March 12, 2004 concluded that the N.Y. Ins. Law and regulations promulgated thereunder do not require that insurance agents and brokers have specific information printed on their letterhead and envelopes; however, any information that appears on the letterheads and envelopes must comply with the N.Y. Ins. Law.

Office of General Counsel Opinion Number 04-12-01 dated December 1, 2004 concluded that the N.Y. Ins. Law and regulations promulgated thereunder do not require that insurance agents and brokers print their license numbers on business cards or other advertising material.

Office of General Counsel Opinion Number 03-12-17 dated December 16, 2003 concluded that the N.Y. Ins. Law and regulations promulgated thereunder do not require that insurance agents and brokers disclose certain licensing information, including their license numbers, if they advertise or do business on the internet. However, N.Y. Comp. Codes R. & Regs. tit. 11, § 34.5 (2003) (Regulation 125) states:

In a headquarters location and each satellite office, the establishing agent or broker must prominently display the license or licenses of the supervising person or persons responsible for that place of business.

Where an insurance agent's or broker's website is maintained as an adjunct to its headquarters location or satellite office, such agent or broker would be prudent to provide certain licensing information, including licensing number, on its website.

For further information one may contact Senior Attorney Robert Freedman at the New York City Office.