AGENT COMPREHENSIVE REVIEW 2026
VERIFIED QUESTIONS AND SOLUTIONS
◉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.
◉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).
◉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 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,