N.Y. Insurance Law Section 2140
Restrictions on insurance producers procuring immigration bonds

(a)

No insurance producer shall require the use of an electronic monitoring device as a condition of immigration bail. For the purposes of this section, an “electronic monitoring device” includes any device that tracks or monitors location, any device that tracks or monitors biometric data, or any device that records or transmits video or audio surveillance data.

(b)

No insurance producer shall make a referral to or provide contact information for a legal services provider without:

(1)

disclosing in writing, in a language understood by the consumer, whether the insurance producer or an entity that is an affiliate of the insurance producer: (A) has a financial or ownership interest in the legal services provider; (B) is receiving any compensation, either directly or indirectly, for making a referral to or providing contact information for the legal services provider; or (C) is compensating, either directly or indirectly, the legal services provider for the legal services rendered; and

(2)

stating that: “The payment of premiums to the insurance producer is not for and does not guarantee that you will receive legal representation. Using this legal services provider is not a requirement of bail. If you choose to hire this legal services provider, you have the right to fire the provider at any time and retain your own counsel.” (c) Any agreement, or portion thereof, entered into requiring the waiving of the requirements of this section or otherwise in violation of this section shall be void and unenforceable.

Source: Section 2140 — Restrictions on insurance producers procuring immigration bonds, https://www.­nysenate.­gov/legislation/laws/ISC/2140 (updated Feb. 10, 2023; accessed Apr. 27, 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
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Accessed:
Apr. 27, 2024

Last modified:
Feb. 10, 2023

§ 2140’s source at nysenate​.gov

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