How to Fill Out NYSID Form 41C - W

NYSID Form 41C - W at a glance

What it is: NYSID Form 41C - W is PART C - AFFIDAVIT BY PRODUCING BROKER.

Who signs: The licensee or sublicensee of the named broker in Section 1 of this affirmation signs on the Signature of Affiant line.

A filled-in NYSID Form 41C - W example: a broker affirms one declination

NYSID Form 41C - W example filled out, example: a broker affirms one declination
A producing broker affirms an excess line placement on NYSID Form 41C-W. One authorized company declined the risk, so the schedule lists one company. The picture shows page 1 filled in, and every value in it is made up. Yes is marked for the disclosure information question because the broker gave the insured that notice. No is marked for question (a), so questions (b) and (c) are answered. No is marked for question (b) because the insured made no such written request. Yes is marked for question (c) because the one company declined the risk. Recent acceptance by the insurer is marked for company 1 because that is the broker's basis, so the other bases stay empty. Nothing goes in the rows for companies 2 and 3 because only one company declined.

How to fill out NYSID Form 41C - W, box by box

Producing broker information

NYSID Form 41C - W example filled out, producing broker information

Enter the AFFIDAVIT NO., the License No. BR-, and the Name, Address, City, State and Zip Code under PRODUCING BROKER INFORMATION.

Risk information

NYSID Form 41C - W example filled out, risk information

Enter the 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.

Disclosure information

NYSID Form 41C - W example filled out, disclosure information

Mark Yes or 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?

Declination information, questions (a) and (b)

NYSID Form 41C - W example filled out, declination information, questions (a) and (b)

For question (a), mark Yes or No: Has the Superintendent determined that declinations are not required for this type of risk? If the answer to question (a) is “YES”, skip questions (b) and (c) and go on to the affirmation section.

For question (b), mark Yes or 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 the answer to question (b) is “YES”, skip question (c) and go on to the affirmation section.

Declination information, question (c)

NYSID Form 41C - W example filled out, declination information, question (c)

For question (c), mark Yes or No: Was the risk 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) is “YES”, complete the schedule.

Authorized companies declining the risk, company 1

NYSID Form 41C - W example filled out, authorized companies declining the risk, company 1

Under AUTHORIZED COMPANIES DECLINING THE RISK, enter for company 1 the Name of company, the Date of Declin. and the NAIC Code.

Mark the basis for 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.

Authorized companies declining the risk, companies 2 and 3

NYSID Form 41C - W example filled out, authorized companies declining the risk, companies 2 and 3

For company 2 and for company 3, enter the Name of Company, the Date of Declin. and the NAIC Code, and mark the basis for I believed this insurer would consider underwriting this risk because.

Affirmation and signature of the affiant

NYSID Form 41C - W example filled out, affirmation and signature of the affiant

Enter the AFFIDAVIT NO. under PART C - AFFIDAVIT BY PRODUCING BROKER.

After I, enter the name of the Affiant, the licensee or sublicensee of the named broker in Section 1 of this affirmation. Affirm under penalties of perjury that all of the information contained herein is true to the best of my knowledge and belief.

Sign on the Signature of Affiant line and enter the Date.

Sources

[1] NYSID Form 41C - W (Ed. January 2023), Part C, Affidavit by Producing Broker (the Official source link on this page).

NYSID Form 41C-W PDF Details

The NYSID 41C W form serves a critical function in the realm of insurance brokerage in New York, encapsulating essential procedures and disclosures mandated by state insurance regulations. This document is chiefly utilized by producing brokers who are tasked with affirming several key pieces of information before proceeding with excess line placements. Firstly, it collects basic data on the producing broker, including their license number and contact information, setting the stage for further attestations. Crucially, it demands brokers confirm whether they have provided the insured with a written Notice of Excess Line Placement, adhering to Section 2118 of the New York Insurance Law and Regulation 41. Additionally, the form delves into declination information, probing whether specific declinations are necessary for the type of risk at hand or if the insured qualifies as an "Exempt Commercial Purchaser." Brokers must document attempts to place the coverage with authorized New York insurers and note any reasons provided for declination. The requirement for brokers to underpin their submission with an affirmation under penalty of perjury ensures the accuracy and honesty of the information provided. Thus, the NYSID 41C W form embodies a key procedural step in safeguarding the integrity of the excess line insurance market in New York, promoting transparency and compliance within the industry.

QuestionAnswer
Form NameNYSID Form 41C-W
Form Length2 pages
Fillable?Yes
Fillable fields45
Avg. time to fill out9 min 34 sec
Other namespart c affidavit by producing broker fillable, licensee, nysid form 41c w, 41C