NY LIFE, ACCIDENT, AND HEALTH

• | Page

NY LIFE, ACCIDENT, AND HEALTH

INSURANCE AGENT/BROKER EXAM

SERIES 17-55

EXAM WITH CORRECT SOLUTIONS.

Process 2103 (d-i) - correct 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.

Producer Definition (2101(k)) - correct 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)) - correct 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 1 / 4

• | Page

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)) - correct 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)) - correct 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 2 / 4

• | Page

insurance from licensed insurers, fraternal benefit societies or health maintenance organizations for purchasers.

Sell (2101(n)) - correct 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)) - - correct 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) - correct 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) - correct answer- insurance producer means an insurance agent, insurance broker, reinsurance intermediary, excess lines broker, or any other person required to be licensed 3 / 4

• | Page

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) - correct 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) - correct answer- any licensed attorney at law of this state.

Consultants (2107) - correct 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 directors thereof named in such

• / 4