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New York Insurance - Article 21 - § 2115 Property/casualty Insurance Agents; Commissions

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Insurance 
 
    §  2115. Property/casualty insurance agents; commissions. (a) * (1) No
  insurer  doing  business  in  this  state,  and  no   agent   or   other
  representative  thereof,  except  as  provided in subsection (b) hereof,
  shall pay any commission or other  compensation  to  any  person,  firm,
  association  or corporation for acting as insurance agent in this state,
  except to a licensed insurance agent of such  insurer  or  to  a  person
  described  in  paragraph  two  or  four of subsection (a) of section two
  thousand one hundred one of  this  article  or  except  as  provided  in
  subsection  (c)  of  this  section.  For  the  purposes of this section,
  "acting as insurance agent" shall not include the referral of  a  person
  to  a  licensed  insurance  agent  or  broker  that  does  not include a
  discussion of specific insurance policy terms and conditions  and  where
  the  compensation  for  referral  is  not  based  upon  the  purchase of
  insurance by such person.
    * NB Effective until September 10, 2014
    * (1) No insurer doing business in this state, and no agent  or  other
  representative  thereof,  except  as  provided in subsection (b) hereof,
  shall pay any commission or other  compensation  to  any  person,  firm,
  association  or corporation for acting as insurance agent in this state,
  except to a licensed insurance agent of such  insurer  or  to  a  person
  described  in  paragraph  two  or  four of subsection (a) of section two
  thousand one hundred one of  this  article  or  except  as  provided  in
  subsection (c) of this section.
    * NB Effective September 10, 2014
    (2)  The  term  "licensed  insurance agent" as used in this subsection
  includes any agent authorized to act as such by a license issued and  in
  force  pursuant  to  the  provisions  of  subsection  (b) of section two
  thousand one hundred three of this article or authorized to act as  such
  in  connection  with  contracts  for disability benefits pursuant to the
  provisions of subsection (n) of such section.
    (b) This section shall  not  apply  to  any  life  insurance  company,
  fraternal benefit society, accident and health insurance company, health
  maintenance  organization,  title  insurance company nor to any agent or
  representative of  any  such  insurer,  society  or  health  maintenance
  organization, acting as such.
    (c)  An  insurer  participating  in  a plan for assignment of personal
  injury  liability  insurance  or  property  damage  liability  insurance
  pursuant  to  article fifty-three of this chapter, or participating in a
  reinsurance agreement for the writing of bonds to the state of New  York
  under  the  alcoholic  beverage  control  law, which plan or reinsurance
  agreement has been approved by the superintendent, may pay a  commission
  to an adequately qualified agent who is licensed to act as agent for any
  insurer  participating  in  such plan or reinsurance agreement when such
  agent is designated by the assured as the producer of record  under  the
  automobile  assigned  risk plan pursuant to which a policy is issued, or
  where such agent submits an application for a  bond  pursuant  to  which
  such bond is issued under such reinsurance agreement.
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Last modified: February 15, 2014