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Oct 25, 2017

Dan Maher is the COO and Executive Director of the Excess Line Association of New York (ELANY). ELANY’s business focus revolves around facilitating and encouraging compliance with New York’s excess law line. It is a non-profit industry advisory association. Dan is an attorney who is licensed to practice not just in New York, but also New Jersey and a good number of federal courts. Before he joined ELANY, Dan was the Senior Vice President of Lancer Insurance Company. 

In this episode, Dan explains the new developments in the surplus lines industry. He discusses the new regulatory scheme in New York and the possible impact of repealing the Diligent Effort. He also explains why the laws we have today are outdated when it comes to handling potential new risks. 

“The Diligent Effort is not what determines whether or not a risk goes to the surplus lines market; it’s the needs of the insured and the retailer.” – Dan Maher 

Today on Spot On Insurance:  

  •   The interesting new video ELANY recently released. 
  • The current growth status in the E&S market.
  • Is construction the main driver in the E&S market?
  • The current regulatory scheme in New York, what it is, and why it is happening.
  • Why the current regulatory scheme in New York looks to be anti-excess lines.
  • Could the new restrictions potentially impact license reciprocity with other states?
  • Repealing the Diligent Effort and its impact in the industry.
  • Feedback from states that repealed Diligent Effort?

Key Takeaway: 

  •  Most states allow some level of insurance punitive damages, New York does not.
  • The laws are out of date to handle emerging risks.

 Connect with Dan Maher 

This episode was brought to you by… 

Spot On Insurance is brought to you by Insurance Licensing Services of America (ILSA), America’s Premier Insurance Compliance and Licensing experts. To learn more about ILSA and their services, visit

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