§ 2115 — Property/casualty insurance agents; commissions

§ 2115. Property/casualty insurance agents; commissions. (a) * (1) No\ninsurer doing business in this state, and no agent or other\nrepresentative thereof, except as provided in subsection (b) hereof,\nshall pay any commission or other compensation to any person, firm,\nassociation or corporation for acting as insurance agent in this state,\nexcept to a licensed insurance agent of such insurer or to a person\ndescribed in paragraph two or four of subsection (a) of section two\nthousand one hundred one of this article or except as provided in\nsubsection (c) of this section. For the purposes of this section,\n"acting as insurance agent" shall not include the referral of a person\nto a licensed insurance agent or broker that does not include a\ndiscussion of specific insurance policy terms and conditions and where\nthe compensation for referral is not based upon the purchase of\ninsurance by such person.\n * NB Effective until September 10, 2029\n * (1) No insurer doing business in this state, and no agent or other\nrepresentative thereof, except as provided in subsection (b) hereof,\nshall pay any commission or other compensation to any person, firm,\nassociation or corporation for acting as insurance agent in this state,\nexcept to a licensed insurance agent of such insurer or to a person\ndescribed in paragraph two or four of subsection (a) of section two\nthousand one hundred one of this article or except as provided in\nsubsection (c) of this section.\n * NB Effective September 10, 2029\n (2) The term "licensed insurance agent" as used in this subsection\nincludes any agent authorized to act as such by a license issued and in\nforce pursuant to the provisions of subsection (b) of section two\nthousand one hundred three of this article or authorized to act as such\nin connection with contracts for disability benefits pursuant to the\nprovisions of subsection (n) of such section.\n (b) This section shall not apply to any life insurance company,\nfraternal benefit society, accident and health insurance company, health\nmaintenance organization, title insurance company nor to any agent or\nrepresentative of any such insurer, society or health maintenance\norganization, acting as such.\n (c) An insurer participating in a plan for assignment of personal\ninjury liability insurance or property damage liability insurance\npursuant to article fifty-three of this chapter, or participating in a\nreinsurance agreement for the writing of bonds to the state of New York\nunder the alcoholic beverage control law, which plan or reinsurance\nagreement has been approved by the superintendent, may pay a commission\nto an adequately qualified agent who is licensed to act as agent for any\ninsurer participating in such plan or reinsurance agreement when such\nagent is designated by the assured as the producer of record under the\nautomobile assigned risk plan pursuant to which a policy is issued, or\nwhere such agent submits an application for a bond pursuant to which\nsuch bond is issued under such reinsurance agreement.\n