§ 2109 — Agents and brokers; temporary license in case of death, service in armed forces or disability

New York § 2109

• Jurisdiction: New York
• Law ISC: Insurance
• Art. 21: Agents, Brokers, Adjusters, Consultants and Intermediaries

Text

§ 2109. Agents and brokers; temporary license in case of death,\nservice in armed forces or disability. (a) The superintendent may issue\na temporary insurance agent's license, title insurance agent's license\nor insurance broker's license, or both an insurance agent's and\ninsurance broker's license, without requiring the applicant to pass a\nwritten examination or to satisfy the requirements of subsection (c) of\nsection two thousand one hundred four of this article except as to age,\nin the case of a license issued pursuant to paragraph two of this\nsubsection, in the following cases:\n (1) in the case of the death of a person who at the time of his death\nwas a licensed accident and health insurance agent under subsection (a)\nof section two thousand one hundred three of this article, a licensed\ninsurance agent or licensed title insurance agent under subsection (b)\nof such section or a licensed insurance broker:\n (A) to the executor or administrator of the estate of such deceased\nagent or broker;\n (B) to a surviving next of kin of such deceased agent or broker, where\nno administrator of his estate has been appointed and no executor has\nqualified under his duly probated will;\n (C) to the surviving member or members of a firm or association, which\nat the time of the death of a member was such a licensed insurance\nagent, licensed title insurance agent or licensed insurance broker; or\n (D) to an officer or director of a corporation upon the death of the\nonly officer or director who was qualified as a sub-licensee or to the\nexecutor or administrator of the estate of such deceased officer or\ndirector;\n (2) to any person who may be designated by a person licensed pursuant\nto this chapter as an insurance agent, title insurance agent or an\ninsurance broker, or both an insurance agent and insurance broker, and\nwho is absent because of service in any branch of the armed forces of\nthe United States, including a partnership or corporation that is\nlicensed pursuant to this chapter as an insurance agent, title insurance\nagent or as an insurance broker, or both an insurance agent and\ninsurance broker, in a case where the sub-licensee or all sub-licensees,\nif more than one, named in the license or licenses issued to such\npartnership or corporation is or are absent because of service in any\nbranch of the armed forces of the United States; and\n (3) to the next of kin of a person who has become totally disabled and\nprevented from pursuing any of the duties of his or her occupation, and\nwho at the commencement of his or her disability was a licensed accident\nand health insurance agent under subsection (a) of section two thousand\none hundred three of this article, a licensed insurance agent under\nsubsection (b) of such section, a licensed title insurance agent or a\nlicensed insurance broker.\n (b) (1) Before any such license or licenses shall be issued, there\nshall be filed in the office of the superintendent a written application\nby the person or persons desiring such license or licenses, together\nwith a written designation of such person or persons, in the case of a\nlicense issued pursuant to paragraph two of subsection (a) hereof, in\nsuch form or forms and supplements thereto, and containing such\ninformation, as the superintendent prescribes.\n (2) No fee shall be charged for any such license or any renewal\nthereof, except that fees for the renewals of any license issued\npursuant to paragraph two of subsection (a) hereof shall be one-half of\nthe fees otherwise required by this chapter for such license.\n (c) Such license or licenses shall authorize the person or persons\nnamed therein to renew the business of the deceased, absent or disabled\ninsurance agent, title insurance agent, or insurance broker, or both an\ninsurance agent and insurance broker, as the case may be, or of the firm\nor, in the case of a license issued pursuant to paragraph one or three\nof subsection (a) of this section, the association whose business is\nbeing continued thereunder, each such agent or broker being referred to\nin this section as "original licensee", expiring during the period in\nwhich such temporary license or licenses are in force, to collect\npremiums due and payable to the original licensee or, in the case of a\nlicense issued pursuant to paragraph one of subsection (a) of this\nsection, to his or her estate, and to perform such other acts as an\ninsurance agent, a title insurance agent or an insurance broker, or both\nan insurance agent or insurance broker, as the case may be, as are\nincidental to the continuance of the insurance business of such original\nlicensee.\n (d) A person eligible for such a temporary agent's license may be\nlicensed only as an agent of the insurer or insurers which such original\nlicensee was licensed to represent at the time of such death, entrance\nupon military or naval duty or disability.\n (e) (1) In the case of a license or licenses issued pursuant to\nparagraph one of subsection (a) of this section, the license or licenses\nmay be issued for a term not exceeding ninety days from the death of\nsuch deceased, and the superintendent may in his discretion renew such\nlicense or licenses for an additional term or terms of ninety days each,\nnot exceeding in the aggregate fifteen months.\n (2) The superintendent may issue renewal licenses for an additional\nterm or terms of ninety days each exceeding the aggregate period of\nfifteen months when in his judgment it will best serve the interests of\nany person serving in the armed forces of the United States.\n (3) A license issued to the next of kin shall not be renewed if,\nbefore the expiration of its term, an administrator or executor of the\ndeceased shall have applied for and qualified for such a license.\n (4) No person or persons so licensed shall, by virtue of such license,\nbe authorized to solicit, negotiate or sell new insurance.\n (f) (1) In the case of a license or licenses issued pursuant to\nparagraph two of subsection (a) hereof, the license or licenses may be\nissued for a term not exceeding six months, and the superintendent may\nin his discretion renew such license or licenses for an additional term\nor terms of six months each.\n (2) The term of any such license or renewal shall in no event extend\nbeyond sixty days after the final discharge of such absent insurance\nproducer from military or naval duty, and each such license or renewal\nshall expire on such day as if that were the day specified therein for\nthe expiration thereof.\n (3) No person so licensed shall solicit new business under such\nlicense.\n (g) (1) In the case of a license or licenses issued pursuant to\nparagraph three of subsection (a) hereof, the license or licenses may be\nissued for a term not exceeding ninety days from the disability of such\nperson, and the superintendent may in his discretion renew such license\nor licenses for an additional term or terms of ninety days each, not\nexceeding in the aggregate fifteen months.\n (2) No person or persons so licensed shall, by virtue of such license,\nbe authorized to solicit, negotiate or sell new insurance.\n (h) (1) In the case of a person seeking a temporary license to act as\na title insurance agent pursuant to subsection (a) of this section, the\nsuperintendent may issue a license for a term not to exceed one hundred\neighty days to such person provided the person:\n (A) demonstrates to the satisfaction of the superintendent that a\ntitle insurance corporation is willing to appoint him or her;\n (B) submits to the next available title insurance agent examination;\nand\n (C) demonstrates to the satisfaction of the superintendent that he or\nshe is qualified, competent, experienced and trustworthy to act as a\ntitle insurance agent.\n (2) Any person issued a license pursuant to this subsection shall, by\nvirtue of such license, be authorized to solicit, negotiate or sell new\npolicies of title insurance.\n