2023 New York Laws › ISC - Insurance › Article 21 - Agents, Brokers, Adjusters, Consultants and Intermediaries › 2115 - Property/casualty Insurance Agents; Commissions.

§  2115. Property/casualty insurance agents; commissions. (a) * (1) No
insurer  doing  business  in  this  state,  and  no   agent   or   other
representative  thereof,  except  as  provided in subsection (b) hereof,
shall pay any commission or other  compensation  to  any  person,  firm,
association  or corporation for acting as insurance agent in this state,
except to a licensed insurance agent of such  insurer  or  to  a  person
described  in  paragraph  two  or  four of subsection (a) of section two
thousand one hundred one of  this  article  or  except  as  provided  in
subsection  (c)  of  this  section.  For  the  purposes of this section,
"acting as insurance agent" shall not include the referral of  a  person
to  a  licensed  insurance  agent  or  broker  that  does  not include a
discussion of specific insurance policy terms and conditions  and  where
the  compensation  for  referral  is  not  based  upon  the  purchase of
insurance by such person.
* NB Effective until September 10, 2024
* (1) No insurer doing business in this state, and no agent  or  other
representative  thereof,  except  as  provided in subsection (b) hereof,
shall pay any commission or other  compensation  to  any  person,  firm,
association  or corporation for acting as insurance agent in this state,
except to a licensed insurance agent of such  insurer  or  to  a  person
described  in  paragraph  two  or  four of subsection (a) of section two
thousand one hundred one of  this  article  or  except  as  provided  in
subsection (c) of this section.
* NB Effective September 10, 2024
(2)  The  term  "licensed  insurance agent" as used in this subsection
includes any agent authorized to act as such by a license issued and  in
force  pursuant  to  the  provisions  of  subsection  (b) of section two
thousand one hundred three of this article or authorized to act as  such
in  connection  with  contracts  for disability benefits pursuant to the
provisions of subsection (n) of such section.
(b) This section shall  not  apply  to  any  life  insurance  company,
fraternal benefit society, accident and health insurance company, health
maintenance  organization,  title  insurance company nor to any agent or
representative of  any  such  insurer,  society  or  health  maintenance
organization, acting as such.
(c)  An  insurer  participating  in  a plan for assignment of personal
injury  liability  insurance  or  property  damage  liability  insurance
pursuant  to  article fifty-three of this chapter, or participating in a
reinsurance agreement for the writing of bonds to the state of New  York
under  the  alcoholic  beverage  control  law, which plan or reinsurance
agreement has been approved by the superintendent, may pay a  commission
to an adequately qualified agent who is licensed to act as agent for any
insurer  participating  in  such plan or reinsurance agreement when such
agent is designated by the assured as the producer of record  under  the
automobile  assigned  risk plan pursuant to which a policy is issued, or
where such agent submits an application for a  bond  pursuant  to  which
such bond is issued under such reinsurance agreement.