(b) Before the superintendent issues any such license or renewal,
there shall be filed in the superintendent's office an application by
the person, firm, association or corporation desiring such license, in
such form or forms, and supplements thereto, and containing information
the superintendent prescribes. For each business entity, the
sub-licensee or sub-licensees named in the application shall be
designated responsible for the business entity's compliance with the
insurance laws, rules and regulations of this state. A person or entity
licensed as an excess line broker in his, her or its home state may
receive a non-resident excess line broker license pursuant to subsection
(a) of this section with the submission of the application.
(c) (1) At the time of application for every such license, and for
every renewal, each applicant shall pay the superintendent the following
fees:
(A) Two hundred dollars for each year or fraction of a year in which a
license shall be valid, if the applicant maintains an office in, or acts
as an excess line broker in placing insurance on risks located in, any
county in this state having a population of one hundred thousand or more
inhabitants.
(B) Twenty-five dollars for each year or fraction of a year in which a
license shall be valid in all other cases.
(2) The population of any county shall be determined by the most
recent official census, whether by the United States or by this state.
(d) Every license issued pursuant to this section shall be for a term
expiring with the expiration of the qualifying broker license and may be
renewed for the ensuing period of twenty-four months upon the filing of
an application in conformity with subsection (b) of this section and
paying the fee prescribed by subsection (c) of this section. In the case
of a license issued to a new applicant, the superintendent may issue a
license for a term of more than two years, provided however, such term
shall not exceed thirty months.
(e) Any such license issued to a firm, association or corporation
shall authorize as sub-licensee only the sub-licensees named in its
license as insurance broker, and each such sub-licensee may act
thereunder only in the name of and on behalf of the licensee.
(g) The superintendent may issue a replacement for a currently in
force license which has been lost or destroyed. Before such replacement
license shall be issued, there shall be on file in the office of the
superintendent a written application for such replacement license,
affirming under penalty of perjury that the original license has been
lost or destroyed, together with a fee of fifteen dollars.
(h) Pursuant to subsection (a) of this section, an excess line broker
may procure policies of insurance from insurers which are not authorized
to transact business in this state for personal accident insurance and
accident disability insurance, in which the insured is a non-resident of
this state, and the nature of the risk to be insured is related to the
operation of motor vehicles at high speeds for the enjoyment of
spectators, is unusual and difficult to place and where such broker,
after diligent effort, could not procure substantially similar coverage
from an insurer authorized to do business in this state.
(i) Pursuant to subsection (a) of this section, an excess line broker
may procure policies of salary protection insurance from insurers that
are not authorized to transact business in this state.
Structure New York Laws
Article 21 - Agents, Brokers, Adjusters, Consultants and Intermediaries
2102 - Acting Without a License.
2103 - Insurance Agents; Licensing.
2104 - Insurance Brokers; Licensing.
2105 - Excess Line Brokers; Licensing.
2106 - Reinsurance Intermediaries; Licensing.
2107 - Insurance Consultants; Licensing and Duties.
2108 - Adjusters; Licensing and Duties.
2113 - Title Insurance Agent Commissions; Disclosure.
2114 - Life, Accident and Health Insurance Agents; Commissions.
2115 - Property/casualty Insurance Agents; Commissions.
2116 - Insurance Brokers; Commissions.
2117 - Acting for or Aiding Unlicensed or Unauthorized Insurers or Health Maintenance Organizations.
2118 - Excess Line Brokers; Duties.
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; Acting as Agent, Broker or Insurer of Persons Without Insurable Interest.
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.
2133 - Forged Insurance Identification Cards.
2135 - Administration of Certain Functions.
2137 - Life Settlement Brokers; Licensing.
2138 - Health Benefit Exchange Navigators.
2139 - Title Insurance Agents; Licensing.
2140 - Restrictions on Insurance Producers Procuring Immigration Bonds.