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 Nov. 25, 2023).

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:
Nov. 25, 2023

Last modified:
Feb. 10, 2023

§ 2140’s source at nysenate​.gov

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