A04707 Summary:

BILL NOA04707
 
SAME ASNo same as
 
SPONSORMorelle (MS)
 
COSPNSRSpano, Reilly, Robinson
 
MLTSPNSRBing, Cusick, Destito, Galef, Gunther
 
Rpld S2101 subS (k) 4, amd Ins L, generally
 
Relates to the licensing of agents of authorized title insurance corporations.
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A04707 Actions:

BILL NOA04707
 
02/07/2011referred to insurance
01/04/2012referred to insurance
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A04707 Floor Votes:

There are no votes for this bill in this legislative session.
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A04707 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          4707
 
                               2011-2012 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 7, 2011
                                       ___________
 
        Introduced  by  M. of A. MORELLE, SPANO, REILLY, ROBINSON -- Multi-Spon-
          sored by -- M. of A.  BING, CUSICK, DESTITO, GALEF,  GUNTHER  --  read
          once and referred to the Committee on Insurance
 
        AN  ACT  to  amend  the  insurance  law, in relation to the licensing of
          agents of authorized  title  insurance  corporations;  and  to  repeal

          certain provisions of such law relating thereto
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. The opening paragraph of subsection (k) of section 2101  of
     2  the  insurance  law,  as  added  by  chapter 687 of the laws of 2003, is
     3  amended to read as follows:
     4    In this article, "insurance producer" means an insurance agent,  title
     5  insurance  agent,  insurance  broker,  reinsurance  intermediary, excess
     6  lines broker, or any other person required to be licensed under the laws
     7  of this state to sell, solicit or negotiate insurance. Such  term  shall
     8  not include:
     9    §  2.  Paragraph  4 of subsection (k) of section 2101 of the insurance
    10  law is REPEALED and paragraphs 5, 6, 7, 8, 9 and 10 are renumbered para-
    11  graphs 4, 5, 6, 7, 8 and 9.

    12    § 3. Section 2101 of the insurance law is  amended  by  adding  a  new
    13  subsection (w) to read as follows:
    14    (w)(1)  In  this chapter, "title insurance agent" means any authorized
    15  or acknowledged agent of a title insurance corporation, and  any  sub-a-
    16  gent or other representative of such an agent, who:
    17    (A)  acts as an agent in the solicitation of, negotiation for, or sale
    18  of, a title insurance policy;
    19    (B) issues commitments to insure or reports  of  title  based  upon  a
    20  search or an examination of title; or
    21    (C)  determines insurability in accordance with underwriting rules and
    22  standards prescribed by the title  insurance  corporation  and  who,  in
    23  substantial part, on behalf of the title insurance corporation:
 

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07688-01-1

        A. 4707                             2
 
     1    (i)  collects premiums and other funds in connection with the issuance
     2  of a title insurance policy;
     3    (ii)  closes  or  settles  title,  including  the  clearance  of title
     4  exceptions in connection with the issuance of a title insurance  policy;
     5  or
     6    (iii)  marks up a title insurance commitment to bind a title insurance
     7  corporation or prepares and issues a title insurance policy on behalf of
     8  a title insurance corporation.

     9    (2) Such term shall  not  include  any  regular  salaried  officer  or
    10  employee  of  an authorized title insurance corporation or of a licensed
    11  title insurance agent, who  does  not  receive  a  commission  or  other
    12  compensation  for  services  which  commission  or other compensation is
    13  directly dependent upon the amount of title insurance business done.
    14    § 4. The section heading of section  2103  of  the  insurance  law  is
    15  amended to read as follows:
    16    Insurance agents; title insurance agents; licensing.
    17    §  5.  Subsection (b) of section 2103 of the insurance law, as amended
    18  by chapter 687 of the laws of 2003, is amended to read as follows:
    19    (b) The superintendent may issue a license to any person, firm,  asso-
    20  ciation  or  corporation who or which has complied with the requirements

    21  of this chapter, authorizing the licensee to act as insurance  agent  or
    22  title  insurance  agent of any authorized insurer, other than an insurer
    23  specified in subsection (b) of section two thousand one hundred  fifteen
    24  of this article, with respect to the lines of authority for accident and
    25  health or sickness, property, casualty, personal lines or any other line
    26  of  authority  granted  other  than life, and variable life and variable
    27  annuity products, which such insurer is authorized to do in this state.
    28    § 6. Subsection (c) of section 2103 of the insurance law is amended to
    29  read as follows:
    30    (c) Any such license issued to a firm or association  shall  authorize
    31  only the members thereof, named in such license as sub-licensees, to act
    32  individually  as  agents  thereunder,  and  any such license issued to a

    33  corporation shall authorize only the  officers  and  directors  thereof,
    34  named  in  such  license as sub-licensees, to act individually as agents
    35  thereunder. Every sub-licensee,  acting  as  insurance  agent  or  title
    36  insurance agent pursuant to such a license shall be authorized so to act
    37  only  in  the name of the licensee. In the case of a license issued to a
    38  title insurance agent, at least one designated sub-licensee must have  a
    39  financial or other beneficial interest in the licensee.
    40    §  7.  Subsection (e) of section 2103 of the insurance law, as amended
    41  by chapter 687 of the laws of 2003, is amended to read as follows:
    42    (e) Before any original insurance agent's license or  title  insurance
    43  agent's  license  is  issued there shall be on file in the office of the

    44  superintendent an application by the prospective licensee in  such  form
    45  or  forms and supplements, and containing information the superintendent
    46  prescribes and for each business entity, the sub-licensee or  sub-licen-
    47  sees  named  in  the application shall be designated responsible for the
    48  business entity's compliance with the insurance laws,  rules  and  regu-
    49  lations of this state.
    50    § 8. Subparagraph (B) of paragraph 2 of subsection (f) of section 2103
    51  of  the insurance law, as amended by chapter 687 of the laws of 2003, is
    52  amended to read as follows:
    53    (B) For individuals seeking to  qualify  to  obtain  a  license  under
    54  subsection (b) of this section, not more than [six] seven types of exam-
    55  inations,  each adapted to test the qualifications of an individual with
    56  respect to the kinds of insurance business specified in such classifica-

        A. 4707                             3
 
     1  tion. Every such individual shall be required to pass the type or  types
     2  of examination prescribed by the superintendent for the line or lines of
     3  authority for which the license is sought. No individual shall be deemed
     4  qualified  to  take  the  examination  unless he shall have successfully
     5  completed a course or courses, approved as to method and content by  the
     6  superintendent,  covering  the principal branches of the insurance busi-
     7  ness and requiring not less than ninety  hours  of  classroom  work,  in
     8  institutions  of  learning meeting the standards prescribed by paragraph
     9  one of subsection (a) of section two thousand one hundred four  of  this
    10  article; provided, however, with respect to a license issued pursuant to
    11  subsection (b) of this section for a personal line of authority or title

    12  insurance  agent,  there  shall be required not less than forty hours of
    13  such classroom work.
    14    § 9. Paragraph 7 of subsection (g) of section 2103  of  the  insurance
    15  law,  as  renumbered  by  chapter 137 of the laws of 1986, is amended to
    16  read as follows:
    17    (7) of any applicant who has passed the written examination  given  by
    18  the  superintendent  for an insurance agent's license or title insurance
    19  agent's license and was licensed as such or  of  an  applicant  who  was
    20  licensed as an insurance agent or title insurance agent but did not pass
    21  such  an  examination,  provided  the applicant applies within two years
    22  following the date of termination of his license;
    23    § 10. Paragraphs 10 and 11 of subsection (g) of section  2103  of  the
    24  insurance law are renumbered paragraphs 11 and 12 and a new paragraph 10

    25  is added to read as follows:
    26    (10) of any applicant seeking to obtain a license as a title insurance
    27  agent, when such applicant is a licensed attorney at law of this state;
    28    §  11.  Subsection (h) of section 2103 of the insurance law is amended
    29  to read as follows:
    30    (h) The superintendent may  refuse  to  issue  any  insurance  agent's
    31  license  or title insurance agent's license if, in [his] the superinten-
    32  dent's judgment, the proposed licensee or any sub-licensee is not trust-
    33  worthy and competent to act as such agent, or has given  cause  for  the
    34  revocation or suspension of such a license, or has failed to comply with
    35  any prerequisite for the issuance of such license.
    36    §  12.  Paragraph 5 of subsection (j) of section 2103 of the insurance

    37  law, as added by chapter 769 of the laws of 1984, is amended to read  as
    38  follows:
    39    (5)  Before  the  renewal  of  any  insurance agent's license or title
    40  insurance agent's license shall be issued,  the  following  requirements
    41  shall have been met:
    42    (A)  The  licensee shall have filed a completed renewal application in
    43  such form or forms and supplements thereto and containing such  informa-
    44  tion as the superintendent may prescribe.
    45    (B)  The  licensee shall have paid such fees as are prescribed in this
    46  section.
    47    § 13. Subparagraph (A) of paragraph 8 of  subsection  (j)  of  section
    48  2103  of  the  insurance  law,  as amended by chapter 687 of the laws of
    49  2003, is amended to read as follows:
    50    (A) The superintendent may in issuing a renewal license dispense  with

    51  the requirements of a verified application by any individual licensee or
    52  sub-licensee who, by reason of being engaged in any military service for
    53  the  United  States,  is  unable  to  make personal application for such
    54  renewal license, upon the filing of an application  on  behalf  of  such
    55  individual,  in such form as the superintendent shall prescribe, by some
    56  person or persons who in his judgment have knowledge of  the  facts  and

        A. 4707                             4
 
     1  who  make  affidavit  showing such military service and the inability of
     2  such insurance agent or title insurance agent to make personal  applica-
     3  tion.
     4    §  14. Paragraph 12 of subsection (j) of section 2103 of the insurance
     5  law, as added by chapter 769 of the laws of 1984, is amended to read  as
     6  follows:

     7    (12)  Except  where  a corporation, association or firm licensed as an
     8  insurance agent or title insurance agent is applying to add a sub-licen-
     9  see, or the date of the expiration of  the  license  is  changed,  there
    10  shall be no fee required for the issuance of an amended license.
    11    §  15.  Subsection (l) of section 2103 of the insurance law is amended
    12  to read as follows:
    13    (l) Any licensee may at any time while such license is in force  apply
    14  to  the superintendent for an additional license authorizing such licen-
    15  see, and the sub-licensees named in such existing  license,  to  act  as
    16  insurance  agents or title insurance agents for additional insurers. The
    17  superintendent may, after the requirements of  this  chapter  have  been
    18  complied with, issue such additional license.

    19    §  16.  Section 2103 of the insurance law is amended by adding two new
    20  subsections (p) and (q) to read as follows:
    21    (p)(1) Notwithstanding any  other  provisions  of  this  section,  the
    22  superintendent  may issue a license to any person, firm, or corporation,
    23  authorizing such licensee to act as a title insurance agent,  when  such
    24  person, firm or corporation:
    25    (A)  files  in  the office of the superintendent, on or before January
    26  first, two thousand twelve, or within ninety days after the  superinten-
    27  dent  has  promulgated  application  forms,  whichever date is later, an
    28  application for such license, in such form and containing such  informa-
    29  tion as the superintendent prescribes;

    30    (B)  pays to the superintendent the sum of forty dollars for each year
    31  or fraction of a year in which the license shall be valid;
    32    (C) demonstrates to the satisfaction of the superintendent  that  such
    33  applicant  has  regularly  and  continuously  acted as a title insurance
    34  agent for a period of at least  five  years  immediately  preceding  the
    35  filing  of such application and is competent and trustworthy to act as a
    36  title insurance agent; and
    37    (D) is at least eighteen years of age at the time of the  issuance  of
    38  such license.
    39    (2) Such license issued pursuant to this subsection for an individual,
    40  who  was  born in an odd numbered year, shall expire on the individual's

    41  birthday in the next odd numbered year. Such license issued pursuant  to
    42  this  subsection  for  an  individual,  who was born in an even numbered
    43  year, shall expire  on  the  individual's  birthday  in  the  next  even
    44  numbered year.
    45    (q)  Notwithstanding any other provision of this section, no course of
    46  study or written examination shall  be  required  with  respect  to  any
    47  applicant for a title insurance agent's license who files an application
    48  under  this  section  within  one  year after the effective date of this
    49  subsection and who demonstrates to the satisfaction of  the  superinten-
    50  dent  that  such applicant or its prospective sub-licensee has regularly
    51  and continuously performed the functions of a title insurance agent  for

    52  a period of at least five years immediately preceding the filing of such
    53  application.
    54    § 17. Subsection (a) of section 2109 of the insurance law, paragraph 3
    55  as  amended  by  chapter  687 of the laws of 2003, is amended to read as
    56  follows:

        A. 4707                             5
 
     1    (a)  The  superintendent  may  issue  a  temporary  insurance  agent's
     2  license,  title insurance agent's license or insurance broker's license,
     3  or both, an insurance agent's and insurance  broker's  license,  without
     4  requiring  the applicant to pass a written examination or to satisfy the
     5  requirements  of subsection (c) of section two thousand one hundred four
     6  of this article except as to age, in the case of a license issued pursu-

     7  ant to paragraph two [hereof]  of  this  subsection,  in  the  following
     8  cases:
     9    (1)  in the case of the death of a person who at the time of his death
    10  was a licensed accident and health insurance agent under subsection  (a)
    11  of  section  two  thousand one hundred three of this article, a licensed
    12  insurance agent or licensed title insurance agent under  subsection  (b)
    13  of such section or a licensed insurance broker:
    14    (A)  to  the  executor or administrator of the estate of such deceased
    15  agent or broker;
    16    (B) to a surviving next of kin of such deceased agent or broker, where
    17  no administrator of his estate has been appointed and  no  executor  has
    18  qualified under his duly probated will;
    19    (C) to the surviving member or members of a firm or association, which
    20  at  the  time  of  the  death  of a member was such a licensed insurance

    21  agent, licensed title insurance agent or licensed insurance broker; or
    22    (D) to an officer or director of a corporation upon the death  of  the
    23  only  officer  or director who was qualified as a sub-licensee or to the
    24  executor or administrator of the estate  of  such  deceased  officer  or
    25  director;
    26    (2)  to any person who may be designated by a person licensed pursuant
    27  to this chapter as an insurance  agent,  title  insurance  agent  or  an
    28  insurance  broker,  or both an insurance agent and insurance broker, and
    29  who is absent because of service in any branch of the  armed  forces  of
    30  the  United  States,  including  a  partnership  or corporation which is
    31  licensed pursuant to this chapter as an insurance agent, title insurance
    32  agent or as an insurance broker, or both an insurance agent  and  insur-

    33  ance  broker,  in a case where the sub-licensee or all sub-licensees, if
    34  more than one, named in the license or licenses issued to such  partner-
    35  ship or corporation is or are absent because of service in any branch of
    36  the armed forces of the United States; and
    37    (3) to the next of kin of a person who has become totally disabled and
    38  prevented  from pursuing any of the duties of his or her occupation, and
    39  who at the commencement of his or her disability was a licensed accident
    40  and health insurance agent under subsection (a) of section two  thousand
    41  one  hundred  three  of  this  article,  a  licensed  insurance agent or
    42  licensed title insurance agent under subsection (b) of such section or a
    43  licensed insurance broker.
    44    § 18. Subsection (c) of section 2109 of the insurance law  is  amended
    45  to read as follows:

    46    (c)  Such  license  or  licenses shall authorize the person or persons
    47  named therein to renew the business of the deceased, absent or  disabled
    48  insurance  agent, title insurance agent, or insurance broker, or both an
    49  insurance agent and insurance broker, as the case may be, or of the firm
    50  or, in the case of a license issued pursuant to paragraph one  or  three
    51  of  subsection (a) [hereof] of this section, the association whose busi-
    52  ness is being continued thereunder, each such  agent,  broker,  firm  or
    53  association  being  referred  to in this section as "original licensee",
    54  expiring during the period in which such temporary license  or  licenses
    55  are in force, to collect premiums due and payable to the original licen-
    56  see  or,  in  the  case of a license issued pursuant to paragraph one of

        A. 4707                             6
 
     1  subsection (a) [hereof] of this section, to his estate, and  to  perform
     2  such  other  acts  as an insurance agent, title insurance agent or as an
     3  insurance broker, or both an insurance agent and  insurance  broker,  as
     4  the  case  may be, as are incidental to the continuance of the insurance
     5  business of such original licensee.
     6    § 19. Subsections (a) and (d) of section 2112 of  the  insurance  law,
     7  subsection  (a)  as  amended  by  chapter  540  of  the laws of 1996 and
     8  subsection (d) as amended by chapter  687  of  the  laws  of  2003,  are
     9  amended to read as follows:
    10    (a)  Every  insurer,  fraternal  benefit society or health maintenance
    11  organization doing business in this state shall file  a  certificate  of

    12  appointment in such form as the superintendent may prescribe in order to
    13  appoint  insurance  agents  or  title insurance agents to represent such
    14  insurer, fraternal benefit society or health maintenance organization.
    15    (d) Every insurer, fraternal benefit  society  or  health  maintenance
    16  organization  or  insurance producer or the authorized representative of
    17  the insurer, fraternal benefit society, health maintenance  organization
    18  or  insurance  producer  doing business in this state shall, upon termi-
    19  nation of the certificate of appointment as set forth in subsection  (a)
    20  of this section of any insurance agent or title insurance agent licensed
    21  in this state, or upon termination for cause for activities as set forth
    22  in  subsection (a) of section two thousand one hundred ten of this arti-
    23  cle, of the certificate of appointment, of employment, of a contract  or

    24  other  insurance business relationship with any insurance producer, file
    25  with the superintendent within thirty days a statement, in such form  as
    26  the  superintendent  may prescribe, of the facts relative to such termi-
    27  nation for cause. The insurer, fraternal benefit society, health mainte-
    28  nance organization, insurance producer or the authorized  representative
    29  of  the insurer, fraternal benefit society, health maintenance organiza-
    30  tion or insurance producer shall  provide,  within  fifteen  days  after
    31  notification  has  been sent to the superintendent, a copy of the state-
    32  ment filed with the superintendent to the insurance producer at his,  or
    33  her  or  its  last  known  address  by  certified  mail,  return receipt
    34  requested, postage prepaid or by overnight delivery using  a  nationally
    35  recognized  carrier.    Every statement made pursuant to this subsection

    36  shall be deemed a privileged communication.
    37    § 20. The section heading and paragraph 1 of subsection (a) of section
    38  2115 of the insurance law, paragraph 1 of subsection (a) as  amended  by
    39  chapter 418 of the laws of 2000, are amended to read as follows:
    40    Property/casualty  insurance  agents;  title insurance agents; commis-
    41  sions.
    42    (1) No insurer doing business in this state, and  no  agent  or  other
    43  representative thereof, except as provided in subsection (b) [hereof] of
    44  this  section,  shall  pay  any  commission or other compensation to any
    45  person, firm, association or corporation for acting as  insurance  agent
    46  or  title  insurance agent in this state, except to a licensed insurance
    47  agent or licensed title insurance agent of such insurer or to  a  person

    48  described  in  paragraph  two [or four] of subsection (a) of section two
    49  thousand one hundred one of  this  article  or  except  as  provided  in
    50  subsection  (c)  of  this  section.  For  the  purposes of this section,
    51  "acting as insurance agent" shall not include the referral of  a  person
    52  to  a  licensed  insurance  agent  or  broker  that  does  not include a
    53  discussion of specific insurance policy terms and conditions  and  where
    54  the  compensation  for referral is not based upon the purchase of insur-
    55  ance by such person.

        A. 4707                             7
 
     1    § 21. Paragraph 1 of subsection (a) of section 2115 of  the  insurance
     2  law,  as  amended by chapter 805 of the laws of 1984, is amended to read
     3  as follows:
     4    (1)  No  insurer  doing  business in this state, and no agent or other

     5  representative thereof, except as provided in subsection (b) [hereof] of
     6  this section, shall pay any commission  or  other  compensation  to  any
     7  person,  firm,  association or corporation for acting as insurance agent
     8  or title insurance agent in this state, except to a  licensed  insurance
     9  agent  or  licensed title insurance agent of such insurer or to a person
    10  described in paragraph two [or four] of subsection (a)  of  section  two
    11  thousand  one  hundred  one  of  this  article  or except as provided in
    12  subsection (c) of this section.
    13    § 22. Subsection (b) of section 2115 of the insurance law, as  amended
    14  by chapter 540 of the laws of 1996, is amended to read as follows:
    15    (b)  This  section  shall  not  apply  to  any life insurance company,

    16  fraternal benefit society, accident and health insurance company, health
    17  maintenance organization[, title insurance company] nor to any agent  or
    18  representative of any such insurer, society or health maintenance organ-
    19  ization, acting as such.
    20    § 23. Subsections (a) and (c) of section 2120 of the insurance law are
    21  amended to read as follows:
    22    (a) Every insurance agent, title insurance agent and [every] insurance
    23  broker  acting as such in this state shall be responsible in a fiduciary
    24  capacity for all funds received or collected as insurance  agent,  title
    25  insurance  agent or insurance broker, and shall not, without the express
    26  consent of his, her or its principal, mingle any such  funds  with  his,

    27  her  or  its own funds or with funds held by him, her or it in any other
    28  capacity.
    29    (c) This section shall not require any  such  insurance  agent,  title
    30  insurance  agent,  insurance broker or reinsurance intermediary to main-
    31  tain a separate bank deposit for the funds of each  such  principal,  if
    32  and  as long as the funds so held for each such principal are reasonably
    33  ascertainable from the books of  account  and  records  of  such  agent,
    34  broker or reinsurance intermediary, as the case may be.
    35    §  24.  The  section heading and subsection (a) of section 2122 of the
    36  insurance law are amended to read as follows:
    37    Advertising by insurance [agents and brokers] producers.  (a)  (1)  No
    38  insurance  [agent  or  insurance broker] producer shall make or issue in

    39  this state any advertisement, sign, pamphlet, circular,  card  or  other
    40  public  announcement purporting to make known the financial condition of
    41  any insurer, unless the  same  shall  conform  to  the  requirements  of
    42  section one thousand three hundred thirteen of this chapter.
    43    (2)  No  insurance [agent, insurance broker] producer or other person,
    44  shall, by any advertisement or public announcement in this  state,  call
    45  attention to any unauthorized insurer or insurers.
    46    § 25. Subsections (a) and (b) of section 2128 of the insurance law are
    47  amended to read as follows:
    48    (a)  Notwithstanding  the  provisions  of  sections two thousand three
    49  hundred twenty-four and four thousand two hundred  twenty-four  of  this
    50  chapter,  no  insurance  agent, title insurance agent, insurance broker,

    51  insurance consultant, excess line broker,  reinsurance  intermediary  or
    52  insurance adjuster shall receive any commissions or fees or shares ther-
    53  eof  in  connection  with  insurance  coverages  placed for or insurance
    54  services rendered to the state, its  agencies  and  departments,  public
    55  benefit corporations, municipalities and other governmental subdivisions
    56  in  this  state,  unless  such  insurance  agent, title insurance agent,

        A. 4707                             8
 
     1  insurance broker, insurance consultant, excess line broker,  reinsurance
     2  intermediary  or  insurance adjuster actually placed insurance coverages
     3  on behalf of or rendered insurance services to the state,  its  agencies
     4  and  departments,  public benefit corporations, municipalities and other
     5  governmental subdivisions in this state.

     6    (b) The superintendent shall, by regulation, require insurance agents,
     7  title insurance agents, insurance brokers, insurance consultants, excess
     8  line brokers, reinsurance intermediaries and insurance adjusters to file
     9  disclosure statements with the insurance department and the most  senior
    10  official  of  the governmental unit involved, with respect to any insur-
    11  ance coverages placed for or insurance services rendered to  the  state,
    12  its  agencies  and  departments,  public  benefit  corporations, munici-
    13  palities and other governmental subdivisions in this state.
    14    § 26. Subsection (b) of section 2132 of the insurance law, as  amended
    15  by chapter 499 of the laws of 2009, is amended to read as follows:
    16    (b) This section shall not apply to:
    17    (1)  those  persons  holding  licenses for which an examination is not
    18  required by the laws of this state;

    19    (2) any limited licensees or any other licensees as the superintendent
    20  may exempt subject  to  any  continuing  education  requirements  deemed
    21  appropriate by the superintendent; [or]
    22    (3)  for  purposes  of  the continuing education requirements for life
    23  settlements, an insurance producer with a life line of authority who  is
    24  acting  as a life settlement broker pursuant to section two thousand one
    25  hundred thirty-seven of this article[.]; or
    26    (4) for purposes of a  title  insurance  agent  license,  an  attorney
    27  licensed to practice law in this state.
    28    §  27.  The  insurance  law is amended by adding a new section 2138 to
    29  read as follows:
    30    § 2318. Title insurance business arrangements. Any  person  who  holds

    31  any  direct or indirect financial or other beneficial interest in, or is
    32  under common control with, or under control by, a title insurance  agent
    33  or title insurance corporation shall not make a referral of title insur-
    34  ance  business to such agent or insurer unless:  it discloses in writing
    35  to the party being referred:
    36    (a) that the person has a financial or other  beneficial  interest  in
    37  the title insurance agent or title insurance corporation;
    38    (b)  an  estimate  of  the cost of the services of the title insurance
    39  agent or title insurance corporation, including, without limitation, the
    40  title insurance premiums, fees and other charges;
    41    (c) that the party being referred is not required  to  use  the  title

    42  insurance  agent  or  title  insurance corporation to which the party is
    43  being referred;
    44    (d) that the person is not the sole source of business for  the  title
    45  insurance  agent or the title insurance corporation and the title insur-
    46  ance agent or title insurance corporation has significant  and  multiple
    47  sources of business;
    48    (e) that any money or other thing of value paid by the title insurance
    49  agent  or  title  insurance  corporation  to  the person is based on the
    50  person's financial or other beneficial interest in,  or  common  control
    51  with,  the  title  insurance agent or title insurance corporation and is
    52  not related to the amount of title insurance business the person  refers

    53  to  the  title  insurance agent or title insurance corporation; and that
    54  the payment of such money or other  thing  of  value  does  not  violate
    55  section  two  thousand  one  hundred fifteen, two thousand three hundred
    56  twenty-four or six thousand four hundred nine of this chapter; and

        A. 4707                             9
 
     1    (f) that the person is not required to produce a specified  amount  of
     2  title insurance business.
     3    § 28. Subsection (b) of section 305 of the insurance law is amended to
     4  read as follows:
     5    (b)  No  insurer,  insurance  agent,  title insurance agent, insurance
     6  broker or other person subject to the provisions of this  chapter  whose
     7  conduct,  condition or practices are being investigated, and no officer,

     8  director or employee of any such person, shall be entitled to witness or
     9  mileage fees.
    10    § 29.  Section 6409 of the insurance law, subsection (c) as  added  by
    11  chapter 955 of the laws of 1984, is amended to read as follows:
    12    §  6409.  Filing  of  policy  forms;  rates;  classification of risks;
    13  commissions and rebates prohibited. (a) No title insurance policy  shall
    14  be  issued  or  delivered in this state, unless [and until a copy of the
    15  form thereof shall have] it has been filed  with  and  approved  by  the
    16  superintendent  [for  his information], in accordance with article twen-
    17  ty-three of this chapter.
    18    (b) [Every title insurance corporation shall file with the superinten-
    19  dent its rate manual, if any, its basic schedule of  rates  and  classi-

    20  fication  of  risks,  its  rating  plan and rules in connection with the
    21  writing or issuance of policies of title insurance and shall  thereafter
    22  likewise  file any changes therein. After any such filing no such corpo-
    23  ration shall, in connection with the writing or  issuance  of  any  such
    24  policy,  deviate from the rates, classifications of risks and rules last
    25  filed by it, either by making any  reduction  in  rates  without  having
    26  filed  the  same as herein provided, or by way of any discriminations in
    27  favor of or against any  insured.  The  superintendent  shall  have  the
    28  powers  specified  in article twenty-three of this chapter applicable to
    29  title insurers.] Title insurance rates and rate filings shall be subject

    30  to article twenty-three of this chapter.
    31    (c) Notwithstanding any other provision of this article,  every  title
    32  insurance  [company] corporation shall be required to offer, at or prior
    33  to title closing, an optional policy form which will insure the title of
    34  owner-occupied real property used predominantly for residential purposes
    35  which consists of not more than four dwelling units for an amount  equal
    36  to  the  market  value of the property at the time a loss is discovered.
    37  Such policy form shall be filed with, and approved by,  the  superinten-
    38  dent pursuant to subsection (a) of this section. Rates for such coverage
    39  shall be filed and approved pursuant to subsection (b) of this section.
    40    (d)  No  title insurance corporation, title agent, or any other person

    41  acting for or on behalf of [it] the title insurance corporation or title
    42  agent, shall offer or make, directly or indirectly, any  rebate  of  any
    43  portion of the fee, premium or charge made, or pay or give to any appli-
    44  cant  for  insurance,  or  to any person, firm, or corporation acting as
    45  agent, representative, attorney, or employee of the owner, lessee, mort-
    46  gagee or the prospective owner, lessee, or mortgagee of the real proper-
    47  ty or any interest therein, either directly or indirectly,  any  commis-
    48  sion,  any  part  of  its fees or charges, or any other consideration or
    49  valuable thing, as an inducement for, or as compensation for, any  title
    50  insurance  business,  nor  shall  any  applicant  for  insurance, or any
    51  person, firm, or corporation acting as agent, representative,  attorney,

    52  or  employee  of  the owner, lessee, mortgagee or the prospective owner,
    53  lessee, or mortgagee of the real property or anyone having any  interest
    54  in  real  property  knowingly  receive, directly or indirectly, any such
    55  rebate or other consideration or valuable thing. Any  person  or  entity
    56  who  [accepts  or  receives  such  a commission or rebate] violates this

        A. 4707                            10
 
     1  section shall be subject to a penalty equal to the greater of [one] five
     2  thousand dollars or five times the amount thereof.
     3    (e)  Premium  rates  for  coverage  shall  fully reflect the foregoing
     4  prohibitions of subsection (d) [hereof] of this section.

     5    § 30.  The superintendent of insurance  shall  promulgate  application
     6  forms for persons, firms and corporations seeking to obtain a license as
     7  a title insurance agent.
     8    §  31.  Each  person, firm or corporation who has filed an application
     9  for a license as a title insurance agent on or before January  1,  2012,
    10  or  within 90 days after the superintendent of insurance has promulgated
    11  application forms pursuant to this act, whichever date is later, may act
    12  as such an agent without a license issued pursuant to  section  2103  of
    13  the insurance law until the superintendent of insurance has made a final
    14  determination  on the application for such license filed by such person,
    15  firm or corporation.
    16    § 32. This act shall take effect on  the  one  hundred  twentieth  day
    17  after  it shall have become a law, provided that the amendments to para-

    18  graph 1 of subdivision (a) of section 2115 of the insurance law made  by
    19  section twenty of this act shall be subject to the expiration and rever-
    20  sion of such paragraph pursuant to section 12 of chapter 418 of the laws
    21  of 2000, as amended, when upon such date the provisions of section twen-
    22  ty-one  of this act shall take effect; provided, however, that effective
    23  immediately, the addition, amendment and/or repeal of any rule or  regu-
    24  lation  necessary  for  the  implementation of this act on its effective
    25  date are authorized and directed to be made and completed on  or  before
    26  such effective date.
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