Section 2105. Excess line brokers; licensing  


Latest version.
  • (a) The superintendent may
      issue an excess line broker's license to any person,  firm,  association
      or  corporation who or which is domiciled or maintains an office in this
      state and is licensed as an insurance broker under section two  thousand
      one  hundred  four  of  this  article, or who or which is licensed as an
      excess line broker in the licensee's home state, provided, however, that
      the applicant's home state grants non-resident licenses to residents  of
      this state on the same basis, except that reciprocity is not required in
      regard to the placement of liability insurance on behalf of a purchasing
      group  or any of its members; authorizing such person, firm, association
      or corporation to procure, subject to the restrictions herein  provided,
      policies of insurance from insurers which are not authorized to transact
      business  in  this  state of the kind or kinds of insurance specified in
      paragraphs four through fourteen, sixteen, seventeen, nineteen,  twenty,
      twenty-two,  twenty-seven, twenty-eight and thirty-one of subsection (a)
      of section one thousand one hundred thirteen  of  this  chapter  and  in
      subsection  (h)  of this section, provided, however, that the provisions
      of this section and section two thousand one hundred  eighteen  of  this
      article shall not apply to ocean marine insurance and other contracts of
      insurance  enumerated in subsections (b) and (c) of section two thousand
      one hundred seventeen of this article. Such license may be suspended  or
      revoked  by  the superintendent whenever in his judgment such suspension
      or revocation will best promote the interests  of  the  people  of  this
      state.
        (b)  Before  the  superintendent  issues  any such license or renewal,
      there shall be filed in the superintendent's office  an  application  by
      the  person,  firm, association or corporation desiring such license, in
      such form or forms, and supplements thereto, and containing  information
      the   superintendent   prescribes.   For   each   business  entity,  the
      sub-licensee  or  sub-licensees  named  in  the  application  shall   be
      designated  responsible  for  the  business entity's compliance with the
      insurance laws, rules and regulations of this state. A person or  entity
      licensed  as  an  excess  line  broker in his, her or its home state may
      receive a non-resident excess line broker license pursuant to subsection
      (a) of this section with the submission of the application.
        (c) (1) At the time of application for every  such  license,  and  for
      every renewal, each applicant shall pay the superintendent the following
      fees:
        (A) Two hundred dollars for each year or fraction of a year in which a
      license shall be valid, if the applicant maintains an office in, or acts
      as  an  excess line broker in placing insurance on risks located in, any
      county in this state having a population of one hundred thousand or more
      inhabitants.
        (B) Twenty-five dollars for each year or fraction of a year in which a
      license shall be valid in all other cases.
        (2) The population of any county  shall  be  determined  by  the  most
      recent official census, whether by the United States or by this state.
        (d)  Every license issued pursuant to this section shall be for a term
      expiring with the expiration of the qualifying broker license and may be
      renewed for the ensuing period of twenty-four months upon the filing  of
      an  application  in  conformity  with subsection (b) of this section and
      paying the fee prescribed by subsection (c) of this section.
        (e) Any such license issued to  a  firm,  association  or  corporation
      shall  authorize  as  sub-licensee  only  the sub-licensees named in its
      license  as  insurance  broker,  and  each  such  sub-licensee  may  act
      thereunder only in the name of and on behalf of the licensee.
        (g)  The  superintendent  may  issue  a replacement for a currently in
      force license which has been lost or destroyed. Before such  replacement
    
      license  shall  be  issued,  there shall be on file in the office of the
      superintendent a  written  application  for  such  replacement  license,
      affirming  under  penalty  of perjury that the original license has been
      lost or destroyed, together with a fee of fifteen dollars.
        (h)  Pursuant to subsection (a) of this section, an excess line broker
      may procure policies of insurance from insurers which are not authorized
      to transact business in this state for personal accident  insurance  and
      accident disability insurance, in which the insured is a non-resident of
      this  state,  and the nature of the risk to be insured is related to the
      operation of  motor  vehicles  at  high  speeds  for  the  enjoyment  of
      spectators,  is  unusual  and  difficult to place and where such broker,
      after diligent effort, could not procure substantially similar  coverage
      from an insurer authorized to do business in this state.