Section 2101. Definitions  


Latest version.
  • (a) In this article, "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 article forty-four of 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, except that such term shall not include:
        (1)  any  regular  salaried officer or employee of a licensed insurer,
      fraternal benefit society or health maintenance  organization  or  of  a
      licensed  insurance  agent,  who  does  not  solicit  or accept from the
      public, outside  of  an  office  of  such  insurer,  health  maintenance
      organization  or agent, applications or orders for any such contract, if
      such officer  or  employee  does  not  receive  a  commission  or  other
      compensation  for his services which commission or other compensation is
      directly dependent upon the amount of business done;
        (2) employees of  insurers,  fraternal  benefit  societies  or  health
      maintenance   organizations   or  organizations  employed  by  insurers,
      fraternal benefit societies or health maintenance organizations who  are
      engaging in the inspection, rating or classification of risks, or in the
      supervision  of the training of licensed insurance producers and who are
      not individually engaged in the sale,  solicitation  or  negotiation  of
      insurance;
        (3)  any agent or representative of a fraternal benefit society, other
      than agents representing societies governed  by  section  four  thousand
      five  hundred  twenty-seven  of this chapter, who devotes, or intends to
      devote, less than fifty percent of the person's time to the solicitation
      and negotiation or sale of insurance  contracts  for  fraternal  benefit
      societies and who receives or intends to receive any commission or other
      compensation  directly  dependent  on  the amount of insurance, provided
      that any person who  in  the  preceding  calendar  year  has  solicited,
      negotiated or sold any of the following contracts of insurance on behalf
      of  a fraternal benefit society is presumed to have devoted, or intended
      to devote, fifty percent of  the  person's  time  to  the  solicitation,
      negotiation and sale of insurance contracts;
        (A)  life  insurance  contracts  that,  in  the  aggregate, exceed two
      hundred thousand dollars of coverage  for  all  lives  insured  for  the
      preceding calendar year;
        (B)  a  permanent  life  insurance  contract  offering  more  than ten
      thousand dollars of coverage on an individual life;
        (C) a term life insurance contract offering more than  fifty  thousand
      dollars of coverage on an individual life;
        (D) any insurance contracts other than life that the fraternal benefit
      society  may  write  that  insure  the  individual  lives  of  more than
      twenty-five persons;
        (E) any variable life insurance or variable annuity contract;
        (4) any agent or other representative of any title insurance company;
        (5) any service contract  provider  or  any  administrator  or  person
      designated  by  a  service  contract provider who in this state markets,
      sells, offers for sale, issues, makes, proposes to  make  or  administer
      service contracts pursuant to article seventy-nine of this chapter;
        (6)  a person who secures and furnishes information for the purpose of
      group  life  insurance,   group   property/casualty   insurance,   group
      annuities,  group  or  blanket accident and health insurance; or for the
      purpose of enrolling individuals under plans, issuing certificates under
      plans or otherwise  assisting  in  administering  plans;  or  performing
      administrative  services  related  to  mass  marketed  property/casualty
    
      insurance, provided that no commission is paid to  the  person  for  the
      service;
        (7)  an employer or association or its officers, directors, employees,
      or the trustees of an employee  trust  plan,  to  the  extent  that  the
      employers, officers, employees, directors or trustees are engaged in the
      administration  or  operation  of a program of employee benefits for the
      employer's or association's  own  employees  or  the  employees  of  its
      subsidiaries  or affiliates, which program involves the use of insurance
      issued by an insurer, fraternal benefit society  or  health  maintenance
      organization,   as   long  as  the  employers,  associations,  officers,
      directors, employees or trustees are  not  in  any  manner  compensated,
      directly or indirectly, by the company issuing the contracts;
        (8) a person whose activities in this state are limited to advertising
      without   the   intent  to  solicit  insurance  in  this  state  through
      communications in printed publications or other forms of electronic mass
      media whose distribution is not  limited  to  residents  of  the  state,
      provided  that  the person does not sell, solicit or negotiate insurance
      that would insure risks residing, located or to  be  performed  in  this
      state;
        (9)  a  person who is not a resident of this state who sells, solicits
      or negotiates a contract of insurance for  commercial  property/casualty
      risks  to  an  insured with risks located in more than one state insured
      under that contract, provided that such person is otherwise licensed  as
      an  insurance  producer  to sell, solicit or negotiate that insurance in
      the state where the insured maintains its principal  place  of  business
      and the contract of insurance insures risks located in that state; or
        (10)  any  salaried  full-time employee who counsels or advises his or
      her employer relative to the insurance interests of the employer  or  of
      the  subsidiaries  or  business affiliates of the employer provided that
      the employee does not sell or solicit insurance or receive a commission.
        (b) In this article, "independent insurance agent" means an "insurance
      agent" who is not owned or controlled by any insurer, fraternal  benefit
      society or health maintenance organization or group of such insurers and
      whose  agency  agreement  does  not prohibit the representation of other
      insurers or groups of insurers and which provides that upon  termination
      of  the agreement the agent's records and use and control of expirations
      remain the property of the agent. Only an "independent insurance  agent"
      shall  be represented to the public as an independent insurance agent or
      agency.
        (c) In this  article,  "insurance  broker"  means  any  person,  firm,
      association or corporation who or which for any compensation, commission
      or  other  thing  of  value  acts  or  aids in any manner in soliciting,
      negotiating or selling, any insurance or annuity contract or in  placing
      risks  or  taking  out  insurance,  on  behalf  of an insured other than
      himself, herself or itself  or  on  behalf  of  any  licensed  insurance
      broker, except that such term shall not include:
        (1) any salaried full-time employee who counsels or advises his or her
      employer  relative  to the insurance interests of the employer or of the
      subsidiaries or business affiliates of the employer  provided  that  the
      employee does not sell or solicit insurance or receive a commission;
        (2) an officer, director or employee 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; or
    
        (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;
        (3) any foreign freight forwarder registered with the federal maritime
      commission  or  any  custom  house  broker licensed by the United States
      treasury department, when such forwarder or broker negotiates, issues or
      delivers a certificate or other evidence  of  a  contract  of  insurance
      under  an  open  marine  policy  naming  the  forwarder or broker as the
      insured and covering exports or imports serviced by  such  forwarder  or
      broker on behalf of others, provided that such forwarder or broker takes
      or  receives no money or other thing of value when acting as hereinafter
      specified, from  any  insurer  or  representative  thereof,  unless  the
      receipt of money or thing of value is authorized under this chapter;
        (4)  any  service  contract  provider  or  any administrator or person
      designated by a service contract provider who  in  this  state  markets,
      sells,  offers  for sale, issues, makes, proposes to make or administers
      service contracts pursuant to article seventy-nine of this chapter;
        (5) a person who secures and furnishes information for the purpose  of
      group   life   insurance,   group   property/casualty  insurance,  group
      annuities, group or blanket accident and health insurance;  or  for  the
      purpose of enrolling individuals under plans, issuing certificates under
      plans  or  otherwise  assisting  in  administering  plans;  or  performs
      administrative  services  related  to  mass  marketed  property/casualty
      insurance, where no commission is paid to the person for the service;
        (6)  an employer or association or its officers, directors, employees,
      or the trustees of an employee  trust  plan,  to  the  extent  that  the
      employers,  officers, employees, director or trustees are engaged in the
      administration or operation of a program of employee  benefits  for  the
      employer's  or  association's  own  employees  or  the  employees of its
      subsidiaries or affiliates, which program involves the use of  insurance
      issued  by  an  insurer, fraternal benefit society or health maintenance
      organization,  as  long  as  the  employers,   associations,   officers,
      directors,  employees  or  trustees  are  not in any manner compensated,
      directly or indirectly, by the company issuing the contracts;
        (7) a person whose activities in this state are limited to advertising
      without  the  intent  to  solicit  insurance  in  this   state   through
      communications in printed publications or other forms of electronic mass
      media  whose  distribution  is  not  limited  to residents of the state,
      provided that the person does not sell, solicit or  negotiate  insurance
      that  would  insure  risks  residing, located or to be performed in this
      state; or
        (8) a person who is not a resident of this state who  sells,  solicits
      or  negotiates  a  contract for commercial property/casualty risks to an
      insured with risks located in more than one  state  insured  under  that
      contract,  provided  that  such  person  is  otherwise  licensed  as  an
      insurance producer to sell, solicit or negotiate that insurance  in  the
      state  where  the  insured maintains its principal place of business and
      the contract of insurance insures risks located in that state.
        (d)  In  this  article,  "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.
        (e)  In  this  article,  "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.
        (f) In this article,  "reinsurance  intermediary"  means  any  person,
      firm,  association  or  corporation  who  acts  as broker in soliciting,
      negotiating or selling any reinsurance contract or binder, or acts as an
      agent in accepting any reinsurance contract or binder on  behalf  of  an
      insurer, except that such term shall not include:
        (1)   licensed  attorneys  at  law  of  this  state  acting  in  their
      professional capacity as such;
        (2) regular salaried officers, employees or attorneys in  fact  of  an
      authorized  insurer  or  of an underwriting office of such insurer while
      acting in their capacity as such in  discharging  the  duties  of  their
      employment or appointment;
        (3)  licensed insurance agents acting within the scope of their agency
      authority in  the  placement  or  acceptance  of  reinsurance  on  risks
      produced or managed by such agents; or
        (4)  licensed  insurance  brokers,  in the placement of reinsurance on
      risks produced by such brokers.
        (g) In this article, "adjuster" means any  "independent  adjuster"  or
      "public adjuster" as defined below:
        (1)   The   term   "independent  adjuster"  means  any  person,  firm,
      association or corporation who, or which, 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, except  that  such
      term shall not include:
        (A)   any  officer,  director  or  regular  salaried  employee  of  an
      authorized insurer or entity licensed pursuant to article forty-four  of
      the  public  health law providing comprehensive health service plans (as
      used in this paragraph, a "health  maintenance  organization"),  or  any
      manager  thereof,  individual  or  corporate,  or  the manager, agent or
      general agent of any department thereof,  individual  or  corporate,  or
      attorney  in  fact  of  any reciprocal insurer or Lloyds underwriter, or
      marine underwriting  office,  unless  acting  as  an  auto  body  repair
      estimator as defined in subsection (j) of this section;
        (B)  any  officer, director or regular salaried employee of an insurer
      authorized  to  write  accident  and  health  insurance,  a  corporation
      licensed  under  article  forty-three  of this chapter (collectively, as
      used in this paragraph, a "health  insurer")  or  a  health  maintenance
      organization,  or any manager thereof, individual or corporate, when the
      claim to be adjusted is issued or administered by another health insurer
      or health maintenance  organization  within  the  same  holding  company
      system   as  the  health  insurer  or  health  maintenance  organization
      adjusting the claim;
        (C) any officer, director or regular salaried employee of  an  article
      fifteen  holding  company  or  a  controlled  person within such holding
      company system providing administrative  services  within  that  holding
      company, or any manager thereof, individual or corporate, when the claim
      to be adjusted is submitted for payment under a health benefit plan that
    
      is  issued  or  administered  by  a health insurer or health maintenance
      organization within that same holding company system;
        (D)   any  officer,  director  or  regular  salaried  employee  of  an
      authorized insurer that is licensed to write the kind of insurance to be
      adjusted, or any manager thereof,  individual  or  corporate,  when  the
      claim  to  be  adjusted  is  pursuant  to  a  policy  that  is issued or
      administered by another insurer within the same holding  company  system
      as  the authorized insurer adjusting the claim, unless acting as an auto
      body repair estimator as defined in subsection (j) of this section;
        (E)  any  officer,  director  or  regular  salaried  employee  of   an
      authorized life insurance company, or any manager thereof, individual or
      corporate,  or  the  manager,  agent  or general agent of any department
      thereof, individual or corporate, when  the  claim  to  be  adjusted  is
      submitted  under an insurance contract issued by another insurer and the
      claim: (i) is within the scope of a contract of reinsurance between  the
      two  insurers for all of the underlying risks and none of the underlying
      risks are later reinsured back to the ceding insurer; and  (ii)  relates
      to  a  kind  of  insurance  that  the  authorized life insurance company
      adjusting the claim is licensed to write;
        (F) any adjustment bureau  or  association  owned  and  maintained  by
      insurers  to  adjust  or  investigate  losses,  or  any regular salaried
      employee or manager thereof who devotes substantially all of his time to
      the business of such bureau or association, unless  acting  as  an  auto
      body repair estimator as defined in subsection (j) of this section;
        (G) any licensed agent of an authorized insurer who adjusts losses for
      such  insurer  solely  under  policies issued through his or its agency,
      provided the agent receives no compensation for such services in  excess
      of fifty dollars per loss adjusted;
        (H) any licensed attorney at law of this state;
        (I) any average adjuster or adjuster of maritime losses; or
        (J)  any  agent  or  other  representative of an insurer authorized to
      issue life and annuity contracts, provided he receives  no  compensation
      for such services.
        (2)   "Public   adjuster"  means  any  person,  firm,  association  or
      corporation who, or which, for money, commission or any other  thing  of
      value, acts or aids in any manner on behalf of an insured in negotiating
      for,  or  effecting,  the  settlement  of  a claim or claims for loss or
      damage to property of the insured in this state caused by, or  resulting
      from,  any  of  the  risks  as enumerated in paragraphs four, five, six,
      seven, eight, nine and ten and subparagraphs (B) and  (C)  of  paragraph
      twenty of subsection (a) of section one thousand one hundred thirteen of
      this chapter, not including loss or damage to persons under subparagraph
      (B)  of  paragraph  twenty  of subsection (a) of such section or who, or
      which, advertises for, or solicits employment as  an  adjuster  of  such
      claims,  and shall also include any person who, for money, commission or
      any other thing of value, solicits, investigates, or adjusts such claims
      on behalf of any such public adjuster, except that such term  shall  not
      include:
        (A)  any  employee,  agent  or  other representative of any authorized
      insurer who acts as such in the adjustment of any claim or any  licensed
      insurance  broker  who  acts as an adjuster for a client of such broker,
      without any compensation for such services as adjuster if such insurer's
      representative or such licensed insurance broker does not  advertise  or
      publicly  solicit the adjustment of claims in such a way as is likely to
      mislead the public into believing that he is offering his services as  a
      public adjuster;
    
        (B)  any  licensed  attorney  at law of this state who acts or aids in
      adjusting insurance claims  as  an  incident  to  the  practice  of  his
      profession and who does not advertise himself as a public adjuster;
        (C) any licensed insurance broker who acts as an adjuster with respect
      to  any loss involving insurance contracts under which he was the broker
      of record in placing the insurance, whether or not designated in writing
      to act for the insured; or
        (D) any other licensed insurance broker who has been designated to act
      for the insured in writing before a loss occurs.
        (h) In this chapter, "licensed insurance broker," means  an  insurance
      broker  who  is the licensee or a sub-licensee named in a license issued
      or renewed pursuant to  the  provisions  of  section  two  thousand  one
      hundred four of this article and in full force and effect.
        (i) In this chapter, "limited licensee" shall mean a person authorized
      to  sell  certain  coverages  relating  to  the rental of motor vehicles
      pursuant  to  the  provisions  of  section  two  thousand  one   hundred
      thirty-one of this article.
        (j)  In  this article, "auto body repair estimator" means any officer,
      director or regular salaried employee of an authorized insurer or of any
      adjustment bureau or association owned and maintained by  insurers,  who
      writes,  or  who  directly  supervises the writing of, any motor vehicle
      body repair estimate in this state, on behalf of  such  insurer  in  the
      work   of  diagnosing  or  estimating  motor  vehicle  repair  costs  or
      procedures relative to appraising, investigating or adjusting claims for
      motor vehicle body repair work pursuant to an insurance contract.
        (k) In this article, "insurance producer" means  an  insurance  agent,
      insurance  broker, reinsurance intermediary, excess lines broker, or any
      other person required to be licensed under the laws  of  this  state  to
      sell, solicit or negotiate insurance. Such term shall not include:
        (1)  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; or
        (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;
        (2)  employees  of  insurers,  fraternal  benefit  societies or health
      maintenance  organizations  or  organizations  employed   by   insurers,
      fraternal  benefit societies or health maintenance organizations who are
      engaging in the inspection, rating or classification of risks, or in the
      supervision of the training of licensed insurance producers and who  are
      not  individually  engaged  in  the sale, solicitation or negotiation of
      insurance;
        (3) any agent or representative of a fraternal benefit society,  other
      than  agents  representing  societies  governed by section four thousand
      five hundred twenty-seven of this chapter, who devotes,  or  intends  to
      devote,   less   than   fifty  percent  of  the  person's  time  to  the
      solicitation, negotiation or sale of insurance contracts  for  fraternal
    
      benefit  societies and who receives or intends to receive any commission
      or other compensation directly dependent on  the  amount  of  insurance,
      provided  that  any  person  who  in  the  preceding  calendar  year has
      solicited,  negotiated  or  sold  any  of  the  following  contracts  of
      insurance on behalf of a fraternal benefit society is presumed  to  have
      devoted,  or  intended  to devote, fifty percent of the person's time to
      the solicitation, negotiation or sale of insurance contracts:
        (A) life insurance  contracts  that,  in  the  aggregate,  exceed  two
      hundred  thousand  dollars  of  coverage  for  all lives insured for the
      preceding calendar year;
        (B) a  permanent  life  insurance  contract  offering  more  than  ten
      thousand dollars of coverage on an individual life;
        (C)  a  term life insurance contract offering more than fifty thousand
      dollars of coverage on an individual life;
        (D) any insurance contracts other than life that the fraternal benefit
      society may  write  that  insure  the  individual  lives  of  more  than
      twenty-five persons;
        (E) any variable life insurance or variable annuity contract; or
        (4) any agent or other representative of any title insurance company;
        (5)  any  service  contract  provider  or  any administrator or person
      designated by a service contract provider who  in  this  state  markets,
      sells,  offers  for  sale, issues, makes, proposes to make or administer
      service contracts pursuant to article seventy-nine of this chapter;
        (6) a person who secures and furnishes information for the purpose  of
      group   life   insurance,   group   property/casualty  insurance,  group
      annuities, group or blanket accident and health insurance;  or  for  the
      purpose of enrolling individuals under plans, issuing certificates under
      plans  or  otherwise  assisting  in  administering  plans;  or  performs
      administrative  services  related  to  mass  marketed  property/casualty
      insurance, where no commission is paid to the person for the service;
        (7)  an employer or association or its officers, directors, employees,
      or the trustees of an employee  trust  plan,  to  the  extent  that  the
      employers, officers, employees, directors or trustees are engaged in the
      administration  or  operation  of a program of employee benefits for the
      employer's or association's  own  employees  or  the  employees  of  its
      subsidiaries  or affiliates, which program involves the use of insurance
      issued by an insurer, fraternal benefit society  or  health  maintenance
      organization,   as   long  as  the  employers,  associations,  officers,
      directors, employees or trustees are  not  in  any  manner  compensated,
      directly or indirectly, by the company issuing the contracts;
        (8) a person whose activities in this state are limited to advertising
      without   the   intent  to  solicit  insurance  in  this  state  through
      communications in printed publications or other forms of electronic mass
      media whose distribution is not  limited  to  residents  of  the  state,
      provided  that  the person does not sell, solicit or negotiate insurance
      that would insure risks residing, located or to  be  performed  in  this
      state;
        (9)  a  person who is not a resident of this state who sells, solicits
      or negotiates a contract of insurance for  commercial  property/casualty
      risks  to  an  insured with risks located in more than one state insured
      under that contract, provided that such person is otherwise licensed  as
      an  insurance  producer  to sell, solicit or negotiate that insurance in
      the state where the insured maintains its principal  place  of  business
      and the contract of insurance insures risks located in that state; or
        (10)  any  salaried  full-time employee who counsels or advises his or
      her employer relative to the insurance interests of the employer  or  of
      the  subsidiaries  or business affiliates of the employer, provided that
      the employee does not sell or solicit insurance or receive a commission.
    
        (l) In this article, "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.
        (m)  In  this  article,  "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.
        (n) In this article, "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.
        (o)  In  this article, "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.
        (p)  In  this  article,  "business  entity"   means   a   corporation,
      association,  partnership,  limited liability company, limited liability
      partnership or other legal entity.
        (q) In this article,  "person"  means  an  individual  or  a  business
      entity.
        (r) In this article, "line of authority" means any of the following:
        (1)  life:  insurance  coverage  on  human lives including benefits of
      endowment and annuities, and may include benefits in the event of  death
      or dismemberment by accident and benefits for disability income;
        (2)  accident and health or sickness: insurance coverage for sickness,
      bodily  injury  or  accidental  death  and  may  include  benefits   for
      disability income;
        (3)  property: insurance coverage for the direct or consequential loss
      or damage to property of every kind;
        (4) casualty: insurance coverage against  legal  liability,  including
      that  for  death,  injury  or  disability  or damage to real or personal
      property;
        (5) variable life and variable annuity  products:  insurance  coverage
      provided under variable life insurance contracts and variable annuities;
        (6)  personal  lines:  property/casualty  insurance  coverage  sold to
      individuals and families for primarily noncommercial purposes; and
        (7) any other line of insurance permitted pursuant to this chapter.
        (s) In this article, "controlled person" shall have  the  meaning  set
      forth  in  paragraph five of subsection (a) of section one thousand five
      hundred one of this chapter.
        (t) In this article, "holding company"  shall  have  the  meaning  set
      forth  in paragraph three of subsection (a) of section one thousand five
      hundred one of this chapter.
        (u) In this article, "holding company system" shall have  the  meaning
      set  forth  in  paragraph  six of subsection (a) of section one thousand
      five hundred one of this chapter.