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To the editor: The Excess Line Assn. of New York reviewed with great interest the July 7 letters to the editor from Gary D. Westphalen, president of the National Assn. of Professional Surplus Lines Offices Ltd., and Beth Avery of R.P. O'Brien & Co.

ELANY is a supporter of surplus lines deregulation, as well. In fact, in the recent past ELANY, in cooperation with the New York Insurance Department, has brought about the creation of an export list that eliminates the declination process for certain lines of insurance, as well as the elimination of the Part B (the insured) affidavit.

While ELANY generally appreciates and supports the comments Ms. Avery made in her letter, these clarifications are in order:

ELANY is a not-for-profit industry advisory association that exists to encourage and facilitate compliance by New York-licensed brokers with the applicable New York laws and regulations.

ELANY is not a branch of the Insurance Department.

ELANY functions as a resource to licensed excess line brokers in New York who have questions regarding such things as the declination process, the eligibility of non-admitted insurers and to act as a liaison with the Insurance Department for the excess line broker members of the organization.

When questions are raised, such as those mentioned in Ms. Avery's letter, ELANY encourages its members to contact ELANY so that we can offer assistance where possible.

Daniel F. Maher Jr.

Executive Director

Excess Line Assn. of New York

New York