
As an insurance agent, you're required to maintain all records for a significant amount of time. According to the relevant regulations, insurance agents must keep their records for at least 7 years from the date of the transaction.
This is a crucial aspect of being an insurance agent, as it allows regulators to verify compliance and ensures that you can provide accurate information to policyholders.
Records Retention Guidelines
Records retention is a crucial aspect of being an insurance agent. You must maintain an organized record of all completed transactions for five years.
This includes procured insurance contracts, amount of premium paid or to be paid, name of insurer/broker and insured, and subject of the insurance. It's essential to keep these records in a safe and accessible place.
In general, seven years is usually sufficient for insurance agencies to maintain client records. This is seven years after the policy ends or claims can no longer be filed.
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However, in some cases, such as worker's comp policies, you may need to maintain documents for years or even decades. A prudent rule of thumb is to maintain policy documents for seven years following their expiration.
To manage all your records effectively, consider creating a records retention program. This will help define how long documents are to be kept and ensure that the documents you need will be there when the time comes.
Here's a quick reference guide to help you keep track of your records retention:
Remember, it's always better to err on the side of caution and maintain records for a longer period. This will help you avoid any potential issues or disputes with clients.
Understanding the Question
The question at hand is quite specific. It's about whether licensed insurance agents and brokers must retain customer records for certain types of policies.
The Insurance Law and Insurance Department Regulations are the governing authorities here. They are the rules that licensed insurance agents and brokers must follow.
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According to the regulations, agents and brokers must specifically retain customer records for policies that are "lapsed", "declined" or "not taken out". This means any records related to these types of policies must be kept.
The question also asks if agents and brokers must generally retain any records. The answer to this is also yes, they must retain any records at all.
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Conclusion and Policy
In New York State, there is no general prescription for record retention by insurance agents and brokers.
N.Y. Ins. Law § 2119(a) & (c) and N.Y. Comp. Codes R. & Regs. tit. 11, § 20.4(b) & (c) provide specific record retention requirements for customer records of insurance agents and brokers.
Insurance agents and brokers maintaining records on an insurer's behalf are subject to the record retention requirements applicable to insurance companies in New York State.
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Conclusion:
In New York State, there's no one-size-fits-all prescription for record retention by insurance agents and brokers.

N.Y. Ins. Law § 2119(a) & (c) and N.Y. Comp. Codes R. & Regs. tit. 11, § 20.4(b) & (c) provide specific record retention requirements for customer records of insurance agents and brokers.
Insurance agents and brokers are responsible for maintaining records on an insurer's behalf, and they're subject to the same record retention requirements as insurance companies in New York State.
N.Y. Comp. Codes R. & Regs. tit. 11, Part 243 addresses the minimum time for retention of customer records by authorized insurers, and it also applies to certain other entities, including Health Maintenance Organizations.
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Policy-Based Retention
Seven years is a good rule of thumb for maintaining client records, as it's usually sufficient for insurance agencies to keep records after a policy ends or claims can no longer be filed.
In some cases, like Georgia, statutes and regulations prescribe shorter time frames, so it's best to err on the side of caution. For example, OCGA § 33-23-34 requires licensed insurance agents to maintain records for 5 years.
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Five years is a minimum requirement, but it's not always clear when the clock starts ticking. In some cases, it may start when the contract was signed, while in others, it may start after the policy expires or when new claims are no longer possible.
Policies with long-term claims, like worker's comp policies, may require longer retention periods, even up to decades. However, for most independent agents, a 7-year rule of thumb after policy expiration is a good starting point.
A well-defined records retention program can help ensure that necessary documents are kept and unnecessary clutter is minimized. This program should specify the types of records to be kept and for how long.
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Insurance Agent File Retention
As an insurance agent, it's essential to maintain accurate and up-to-date records of all transactions, including procurements, premiums, and client information.
Five years is a standard retention period for many types of records, including insurance contracts, premiums, and client names. This is mandated by law, as seen in OCGA § 33-23-34, which requires licensed insurance agents to maintain records for 5 years.
You must keep a record of all completed transactions, including procured insurance contracts, amount of premium paid or to be paid, name of insurer/broker and insured, and subject of the insurance. This ensures that you can access the necessary information for claims or future reference.
In Georgia, there are specific regulations that dictate shorter retention periods for certain types of records. However, it's generally recommended to err on the side of caution and maintain records for seven years after the policy ends or claims can no longer be filed.
Here's a summary of the key retention periods for insurance agents:
- Insurance contracts, premiums, and client names: 5 years (mandated by law)
- Policy documents, contracts, and adjustments: 7 years after expiration
- Other client documents: until you contact the client, or notify them that you'll shred the documents after a specified date
Frequently Asked Questions
How long are producers required to retain all insurance transaction records?
Producers typically need to retain insurance transaction records for about three years. This timeframe allows for resolution of potential disputes or audits.
Sources
- https://www.insurance.wa.gov/recordkeeping
- https://www.dfs.ny.gov/insurance/ogco2003/rg030628.htm
- https://www.dfs.ny.gov/insurance/ogco2005/rg050332.htm
- https://www.slotkinlawfirm.com/how-long-should-you-keep-client-documents-insurance-agents-and-file-retention/
- https://www.schauergroup.com/resource-library/insurance-policy-record-retention/
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