- September 22, 2010
- All New York State Office Counsel, Managers and Agents
- Comfort Letters/Non-Impairment Letters
The New York State Department of Insurance issued Circular Letter No. 14 (2010) on September 14, 2010, "Title Insurance Companies' Issuance of Comfort Letters in Lieu of Endorsements". The Circular Letter addresses the "request that title insurance companies issue to such lenders 'comfort letters,' sometimes referred to as 'non-impairment letters,' which state that the coverage under an existing loan insurance policy continues in full force notwithstanding modifications to the insured loan. This circular letter addresses comfort letters that purport to modify the obligations of an existing loan insurance policy or that are otherwise issued in lieu of issuing an endorsement to a policy. The purpose of this circular letter is to provide guidance to title insurance companies regarding their obligations in such instances."
The letter provides that "a title insurance company may not issue a comfort letter to a lender in lieu of issuing an endorsement in a form, and subject to the rates, approved by the Superintendent."
NYSID Circular Letter No. 14 (2010) (click to view)
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