N.Y. Insurance Law § 2109: Agents and brokers; temporary license in case of death, service in armed forces or disability

§ 2109. Agents and brokers; temporary license in case of death,

service in armed forces or disability. (a) The superintendent may issue

a temporary insurance agent's license, title insurance agent's license

or insurance broker's license, or both an insurance agent's and

insurance broker's license, without requiring the applicant to pass a

written examination or to satisfy the requirements of subsection (c) of

section two thousand one hundred four of this article except as to age,

in the case of a license issued pursuant to paragraph two of this

subsection, in the following cases:

(1) in the case of the death of a person who at the time of his death

was a licensed accident and health insurance agent under subsection (a)

of section two thousand one hundred three of this article, a licensed

insurance agent or licensed title insurance agent under subsection (b)

of such section or a licensed insurance broker:

(A) to the executor or administrator of the estate of such deceased

agent or broker;

(B) to a surviving next of kin of such deceased agent or broker, where

no administrator of his estate has been appointed and no executor has

qualified under his duly probated will;

(C) to the surviving member or members of a firm or association, which

at the time of the death of a member was such a licensed insurance

agent, licensed title insurance agent or licensed insurance broker; or

(D) to an officer or director of a corporation upon the death of the

only officer or director who was qualified as a sub-licensee or to the

executor or administrator of the estate of such deceased officer or

director;

(2) to any person who may be designated by a person licensed pursuant

to this chapter as an insurance agent, title insurance agent or an

insurance broker, or both an insurance agent and insurance broker, and

who is absent because of service in any branch of the armed forces of

the United States, including a partnership or corporation that is

licensed pursuant to this chapter as an insurance agent, title insurance

agent or as an insurance broker, or both an insurance agent and

insurance broker, in a case where the sub-licensee or all sub-licensees,

if more than one, named in the license or licenses issued to such

partnership or corporation is or are absent because of service in any

branch of the armed forces of the United States; and

(3) to the next of kin of a person who has become totally disabled and

prevented from pursuing any of the duties of his or her occupation, and

who at the commencement of his or her disability was a licensed accident

and health insurance agent under subsection (a) of section two thousand

one hundred three of this article, a licensed insurance agent under

subsection (b) of such section, a licensed title insurance agent or a

licensed insurance broker.

(b) (1) Before any such license or licenses shall be issued, there

shall be filed in the office of the superintendent a written application

by the person or persons desiring such license or licenses, together

with a written designation of such person or persons, in the case of a

license issued pursuant to paragraph two of subsection (a) hereof, in

such form or forms and supplements thereto, and containing such

information, as the superintendent prescribes.

(2) No fee shall be charged for any such license or any renewal

thereof, except that fees for the renewals of any license issued

pursuant to paragraph two of subsection (a) hereof shall be one-half of

the fees otherwise required by this chapter for such license.

(c) Such license or licenses shall authorize the person or persons

named therein to renew the business of the deceased, absent or disabled

insurance agent, title insurance agent, or insurance broker, or both an

insurance agent and insurance broker, as the case may be, or of the firm

or, in the case of a license issued pursuant to paragraph one or three

of subsection (a) of this section, the association whose business is

being continued thereunder, each such agent or broker being referred to

in this section as "original licensee", expiring during the period in

which such temporary license or licenses are in force, to collect

premiums due and payable to the original licensee or, in the case of a

license issued pursuant to paragraph one of subsection (a) of this

section, to his or her estate, and to perform such other acts as an

insurance agent, a title insurance agent or an insurance broker, or both

an insurance agent or insurance broker, as the case may be, as are

incidental to the continuance of the insurance business of such original

licensee.

(d) A person eligible for such a temporary agent's license may be

licensed only as an agent of the insurer or insurers which such original

licensee was licensed to represent at the time of such death, entrance

upon military or naval duty or disability.

(e) (1) In the case of a license or licenses issued pursuant to

paragraph one of subsection (a) of this section, the license or licenses

may be issued for a term not exceeding ninety days from the death of

such deceased, and the superintendent may in his discretion renew such

license or licenses for an additional term or terms of ninety days each,

not exceeding in the aggregate fifteen months.

(2) The superintendent may issue renewal licenses for an additional

term or terms of ninety days each exceeding the aggregate period of

fifteen months when in his judgment it will best serve the interests of

any person serving in the armed forces of the United States.

(3) A license issued to the next of kin shall not be renewed if,

before the expiration of its term, an administrator or executor of the

deceased shall have applied for and qualified for such a license.

(4) No person or persons so licensed shall, by virtue of such license,

be authorized to solicit, negotiate or sell new insurance.

(f) (1) In the case of a license or licenses issued pursuant to

paragraph two of subsection (a) hereof, the license or licenses may be

issued for a term not exceeding six months, and the superintendent may

in his discretion renew such license or licenses for an additional term

or terms of six months each.

(2) The term of any such license or renewal shall in no event extend

beyond sixty days after the final discharge of such absent insurance

producer from military or naval duty, and each such license or renewal

shall expire on such day as if that were the day specified therein for

the expiration thereof.

(3) No person so licensed shall solicit new business under such

license.

(g) (1) In the case of a license or licenses issued pursuant to

paragraph three of subsection (a) hereof, the license or licenses may be

issued for a term not exceeding ninety days from the disability of such

person, and the superintendent may in his discretion renew such license

or licenses for an additional term or terms of ninety days each, not

exceeding in the aggregate fifteen months.

(2) No person or persons so licensed shall, by virtue of such license,

be authorized to solicit, negotiate or sell new insurance.

(h) (1) In the case of a person seeking a temporary license to act as

a title insurance agent pursuant to subsection (a) of this section, the

superintendent may issue a license for a term not to exceed one hundred

eighty days to such person provided the person:

(A) demonstrates to the satisfaction of the superintendent that a

title insurance corporation is willing to appoint him or her;

(B) submits to the next available title insurance agent examination;

and

(C) demonstrates to the satisfaction of the superintendent that he or

she is qualified, competent, experienced and trustworthy to act as a

title insurance agent.

(2) Any person issued a license pursuant to this subsection shall, by

virtue of such license, be authorized to solicit, negotiate or sell new

policies of title insurance.