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NY Life, Accident, and Health Insurance Agent (Broker )Exam Series 17-55 $18.49   Add to cart

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NY Life, Accident, and Health Insurance Agent (Broker )Exam Series 17-55

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NY Life, Accident, and Health Insurance Agent (Broker )Exam Series 17-55 Process 2103 (d-i) - answer1. The Superintendent may issue a license to any person, firm or corporation who has complied with the requirements of the Insurance Code, authorizing the licensee to act as agent of any authoriz...

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  • June 20, 2023
  • 59
  • 2022/2023
  • Exam (elaborations)
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NY Life, Accident, and Health Insurance Agent (Broker
)Exam Series 17-55


Process 2103 (d-i) - answer1. The Superintendent may issue a license to any person, firm or
corporation who has complied with the requirements of the Insurance Code, authorizing the
licensee to act as agent of any authorized insurer. Every individual applicant for a license under
this section and every proposed sub-licensee must be 18 years of age or older at the time of
issuance of such license. The person must submit to and pass a written examination required by
the Superintendent.



Producer Definition (2101(k)) - answerAn insurance producer means an insurance agent, insurance
broker, reinsurance intermediary, excess lines broker, or any other person required to be licensed
under the insurance laws of this state to sell, solicit or negotiate insurance.



Who Should be Licensed (2101(k)(1)) - answer1. The term "insurance producer" does not include:
An officer, director or employee of a licensed insurer, fraternal benefit society or health
maintenance organization or of a licensed insurance producer, provided that the officer, director
or employee does not receive any commission on policies written or sold to insure risks residing,
located or to be performed in this state and:

(a) the officer, director or employee's activities are executive, administrative, managerial, clerical
or a combination of these, and are only indirectly related to the sale, solicitation or negotiation of
insurance;

(b) the officer, director or employee's function relates to underwriting, loss control, Inspection or
the processing, adjusting, investigating or settling of a claim on a contract of Insurance; or (c) the
officer, director or employee is acting in the capacity of a special agent or agency supervisor
assisting licensed insurance producers where the person's activities are limited to providing
technical advice and assistance to licensed insurance producers and do not include the sale,
solicitation or negotiation of insurance.



Home State (2101(l)) - answerHome state means the District of Columbia or any state or territory
of the United States in which an insurance producer maintains his, her or its principal place of
residence or principal place of business and is licensed to act as an insurance producer.



Negotiate (2101(m)) - answerNegotiate or negotiation means the act of conferring directly with or

,offering advice directly to a purchaser or prospective purchaser of a particular contract of
insurance concerning any of the substantive benefits, terms or conditions of the contract,
provided that the person engaged in that act either sells insurance or obtains insurance from
licensed insurers, fraternal benefit societies or health maintenance organizations for purchasers.



Sell (2101(n)) - answerSell or sale means to exchange a contract of insurance by any means, for
money or its equivalent, on behalf of a licensed insurer, fraternal benefit society or health
maintenance organization.



Solicit (2101(o)) - - answerSolicit or solicitation means attempting to sell insurance or asking or
urging a person to apply for a particular kind of insurance from a particular licensed insurer,
fraternal benefit society or health maintenance organization.



Agent 2101(a) - answerIn this section, insurance agent means any authorized or acknowledged
agent of an insurer, fraternal benefit society or health maintenance organization issued a
certificate of authority pursuant to the public health law, and any sub-agent or other
representative of such an agent, who acts as such in the solicitation of, negotiation for, or sale of,
an insurance, health maintenance organization or annuity contract, other than as a licensed
insurance broker.



Agent 2101(k) - answerinsurance producer means an insurance agent, insurance broker,
reinsurance intermediary, excess lines broker, or any other person required to be licensed under
the insurance laws of this state to sell, solicit or negotiate insurance.

The applicant must be at least 18 years of age at the time of license issuance.

An examination is required for each applicant, except where noted for applicants with a change in
residency moving to New York (see code 2103 below).



Brokers 2101(c) - answera licensed insurance representative who does not represent a specific
insurance company, but places business among various companies. Legally, the broker is usually
regarded as a representative of the insured rather than the insuring company.



Brokers 2101(h) - answerany licensed attorney at law of this state.

,Consultants (2107) - answerThe Superintendent may issue an insurance consultant's license to any
person, firm, association or corporation who or which has complied with the requirements of this
chapter with respect to either: life insurance, meaning all of those kinds of insurance authorized.
Any such license issued to a firm or association shall authorize only the members of such firm or
association named in such license as sub-licensees to act individually as consultants there under,
and any such license issued to a corporation shall authorize only the officers and directors thereof
named in such license as sub-licensees to act individually as consultants there under.



Adjuster 2101(g) - answerThe Superintendent may, in his discretion require an applicant for a
license under this section to present evidence, in such form as he prescribes, that such applicant
has been employed, for a period which he deems reasonable, by an insurer, an independent
adjuster or a public adjuster, in the performance of duties which in his opinion would provide the
applicant with a satisfactory preliminary training for the duties and responsibilities which would
evolve upon him as a licensee under this section. The term independent adjuster means any
person, firm, association or corporation who for money, commission or any other thing of value,
acts in this state on behalf of an insurer in the work of investigating and adjusting claims arising
under insurance contracts issued by such insurer and who performs such duties required by such
insurer as are incidental to such claims and also includes any person who for compensation or
anything of value investigates and adjusts claims on behalf of any independent adjuster.



Adjuster 2108 - answerAdjusters will be licensed as either independent adjusters, or as public
adjusters. The Superintendent may prescribe the types of independent adjusters' licenses
according to the kind or kinds of insurance claims which the licensee is to be authorized to
investigate and adjust. No adjuster may act on behalf of an insurer unless licensed as an
independent adjuster, and no adjuster may act on behalf of an insured unless licensed as a public
adjuster. A public adjuster works on behalf of the insured for a fee.



Nonresident 2101(d) - answerIn this section, non-resident insurance agent means an individual
who is a non-resident of this state and who is licensed or authorized to act as an insurance agent
in the state in which he resides, or in which he or the firm or association of which he is a member
or employee, or the corporation, of which he is an officer, director, or employee maintains an
office as an insurance agent.



Nonresident 2101(e) - answerIn this section, "non-resident insurance broker", means an individual
who is a non-resident of this state and who is licensed or authorized to act as an insurance broker
in the state in which he resides, or in which he, or the firm or association of which he is a member
or employee, or the corporation, of which he is an officer, director or employee maintains an office

, as an insurance broker.



Nonresident 2103(g)(5) - answerIn the discretion of the Superintendent, no written insurance
examination will be required of any individual seeking to be named as a licensee or sub-licensee
who is a non-resident insurance agent.



Nonresident 2103(g)(11) - answerNo written insurance examination will be required of any
individual who applies for an insurance agent license in this state who was previously licensed for
the same line or lines of authority in another state, provided, however, that the applicant's home
state grants non-resident licenses to residents of this state on the same basis. Such individual shall
also not be required to complete any prelicensing education. This exemption is only available if
the person is currently licensed in that state or if the application is received within 90 days of the
date of cancellation of the applicant's previous license and if the prior state issues a certification
that, at the time of cancellation, the applicant was in good standing in that state or the state's
producer database records, maintained by the National Association of Insurance Commissioners,
its affiliates or subsidiaries indicate that the producer is or was licensed in good standing for the
line of authority requested. An individual or entity licensed in another state that moves to this
state must make an application within 90 days of establishing legal residence to become a resident
licensee. No prelicensing education or examination will be required of that person to obtain any
line of authority previously held in the prior state except where the Superintendent determines
otherwise by regulation.



Nonresident 2136 - Reciprocity - answerThe Superintendent shall waive any requirements for a
nonresident license applicant otherwise applicable under this chapter if:

(a) the applicant has a current and valid license in his or her home state and is in good standing in
his or her home state;

(b) the applicant has submitted a completed application in the form prescribed by the
Superintendent or submitted the application for licensure submitted to his or her home state;

(c) the applicant has paid the fees required by this chapter; and

(d) the applicant's home state awards nonresident insurance producer licenses to residents of this
state on the same basis as provided in this subsection.



Business Entities 2101(p) - answerA business entity means a corporation, association, partnership,
limited liability company, limited liability partnership or other legal entity.

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