New York State Seal
STATE OF NEW YORK
INSURANCE DEPARTMENT
25 BEAVER STREET
NEW YORK, NEW YORK 10004

The Office of General Counsel issued the following opinion on March 14, 2001 representing the position of the New York State Insurance Department.

RE: Non-Resident Licensing Requirements for Marketing Legal Services Insurance, Circular Letter No. 8 (2000).

Question Presented

What are the license requirements for non-resident insurance agents or brokers who wish to sell legal services insurance in New York in view of the issuance of N.Y. Insurance Department Circular Letter No. 8 (2000)?

Conclusion

A non-resident insurance agent and/or a non-resident insurance broker may obtain a license in New York by filing the requisite application together with proof of their foreign agent’s or broker’s license with the New York Insurance Department’s Licensing Services Unit, provided that such person does not maintain an office in New York.

N.Y. Ins. Dept. Circular Letter No 8 (2000) applies to non-resident licensees in the same manner as it applies to resident licensees.

Facts

A non-resident subsidiary of a New York Insurer inquired as to the license requirements for non-resident insurance agents and brokers who wish to market legal services insurance in New York in view of the issuance of Department Circular Letter No. 8 (2000).

Analysis

N.Y. Ins. Law §2101(d) and (e) (McKinney 2000) defines the terms "non-resident insurance agent" and "non-resident insurance broker", in pertinent part, to mean an individual who is a non-resident of New York and who is licensed in those capacities in the state in which he resides, and in which he or the firm, association or corporation of which he is an officer, director or employee maintains an office as an insurance agent or broker and provided, however, that such term shall not include any non-resident who maintains an office in New York.

A non-resident insurance agent or insurance broker may obtain a license in New York by filing the requisite application together with proof of their foreign agent’s or broker’s license with our Licensing Services Unit.

N. Y. Ins. Department Circular Letter No. 8 applies to non-resident licensees in the same manner as it does to resident licensees. See also N.Y. Ins. Dept. Regulations 161 (Prepaid Legal Services Plans) and 162 (Legal Services Insurance) (N.Y. Comp. R. & Regs., tit 11, Parts 261 and 262).

For further information you may contact Associate Counsel Sidney B. Glaser at the New York Office.