2023 New York Laws › ISC - Insurance › Article 21 - Agents, Brokers, Adjusters, Consultants and Intermediaries › 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.