NYDFS yesterday announced a settlement with an AIG subsidiary for engaging in the pension risk transfer business in New York without being licensed. The AIG subsidiary will pay a $12 million penalty – substantial for insurance penalties in NY– and transfer the business line to an AIG subsidiary licensed by NYDFS. Hot takes:
– This is the second settlement in an industry-wide investigation. The first was with Athene Holding Ltd. last year, which involved a $45 million penalty.
– The Consent Order notes the agency’s position that each instance of unlicensed solicitation, negotiation, or sale of insurance by an unauthorized insurer or of an improper policy is a separate violation of the Insurance Law. So sending and receiving hundreds or thousands of emails in an unlicensed business can quickly run up the penalty number.
– NYDFS maintains its long-term focus on penalizing financial companies that conduct business in New York without the necessary license; this is construed as an unfair competitive advantage by the regulator. 

The Consent Order may be found here: https://www.dfs.ny.gov/system/files/documents/2021/01/ea20210201_aig.pdf