N.Y. Insurance Law Section 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 § 2101 (Definitions)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, 2024 * (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 § 2101 (Definitions)section two thousand one hundred one of this article or except as provided in subsection (c) of this section. * NB Effective September 10, 2024 (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 § 2103 (Insurance agents)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 53 (Motor Vehicle Insurance Assigned Risk Plans)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.

Source: Section 2115 — Property/casualty insurance agents; commissions, https://www.­nysenate.­gov/legislation/laws/ISC/2115 (updated Sep. 6, 2019; accessed Jun. 22, 2024).

2101
Definitions
2102
Acting without a license
2103
Insurance agents
2104
Insurance brokers
2105
Excess line brokers
2106
Reinsurance intermediaries
2107
Insurance consultants
2108
Adjusters
2109
Agents and brokers
2110
Revocation or suspension of license of insurance producer, insurance consultant, adjuster or life settlement broker
2111
Revoked licensees
2112
Certificate of appointment of an insurance producer to act as an agent and notice of termination of an insurance producer
2113
Title insurance agent commissions
2114
Life, accident and health insurance agents
2115
Property/casualty insurance agents
2116
Insurance brokers
2117
Acting for or aiding unlicensed or unauthorized insurers or health maintenance organizations
2118
Excess line brokers
2119
Insurance agents, brokers, consultants, life settlement brokers, and title insurance agents
2120
Fiduciary capacity of insurance agents, title insurance agents, insurance brokers and reinsurance intermediaries
2121
Broker authorized to receive premium, when
2122
Advertising by insurance producers
2123
Misrepresentations, misleading statements and incomplete comparisons
2124
Stay or suspension of superintendent’s determination
2125
Marine insurance
2126
Impersonation at examinations prohibited
2127
Penalties for violations
2128
Commission and fee sharing prohibited
2129
Duty to have an agent or broker at each place of business
2130
Excess line association
2131
Limited license for rental vehicle companies, wireless communications equipment vendors and self-service storage companies
2132
Continuing education
2133
Forged insurance identification cards
2134
Change of address
2135
Administration of certain functions
2136
Reciprocity
2137
Life settlement brokers
2138
Health benefit exchange navigators
2139
Title insurance agents
2140
Restrictions on insurance producers procuring immigration bonds

Accessed:
Jun. 22, 2024

Last modified:
Sep. 6, 2019

§ 2115’s source at nysenate​.gov

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