NY Life, Accident, and Health Insurance
Agent/Broker Exam Series 17-55/ 199
Questions & Elaborations/ 2024-2025.
Brokers 2101(c) - Answer: a 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) - Answer: any licensed attorney at law of this state.
Consultants (2107) - Answer: The 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
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,directors thereof named in such license as sub-licensees to act individually as consultants there
under.
Adjuster 2101(g) - Answer: The 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 - Answer: Adjusters 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.
Process 2103 (d-i) - Answer: 1. 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.
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,Producer Definition (2101(k)) - Answer: An 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)) - Answer: 1. 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)) - Answer: Home 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)) - Answer: Negotiate 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.
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, Sell (2101(n)) - Answer: Sell 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)) - - Answer: Solicit 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) - Answer: In 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) - Answer: 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.
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).
Nonresident 2101(d) - Answer: In 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.
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