2006 New York Code - 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 or insurance broker's license, or both,
  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 hereof, 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 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
  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, or an insurance broker, or both,
  and who is absent because of service in any branch of the  armed  forces
  of  the  United  States, including a partnership or corporation which is
  licensed pursuant to this chapter  as  an  insurance  agent,  or  as  an
  insurance  broker,  or  both,  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 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
  agent or broker, or both, 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) hereof, the association whose business is being continued
  thereunder, each such agent, broker, firm or association 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) hereof, to
  his estate, and to perform such other acts as an insurance agent  or  as
  an  insurance  broker, or both, 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.