§ 2101. Definitions. (a) In this article, "insurance agent" means any\nauthorized or acknowledged agent of an insurer, fraternal benefit\nsociety or health maintenance organization issued a certificate of\nauthority pursuant to article forty-four of the public health law, and\nany sub-agent or other representative of such an agent, who acts as such\nin the solicitation of, negotiation for, or sale of, an insurance,\nhealth maintenance organization or annuity contract, other than as a\nlicensed insurance broker, except that such term shall not include:\n (1) any regular salaried officer or employee of a licensed insurer,\nfraternal benefit society or health maintenance organization or of a\nlicensed insurance agent, who does not solicit or accept from the\npublic, outside of an office of such insurer, health maintenance\norganization or agent, applications or orders for any such contract, if\nsuch officer or employee does not receive a commission or other\ncompensation for his services which commission or other compensation is\ndirectly dependent upon the amount of business done;\n (2) employees of insurers, fraternal benefit societies or health\nmaintenance organizations or organizations employed by insurers,\nfraternal benefit societies or health maintenance organizations who are\nengaging in the inspection, rating or classification of risks, or in the\nsupervision of the training of licensed insurance producers and who are\nnot individually engaged in the sale, solicitation or negotiation of\ninsurance;\n (3) any agent or representative of a fraternal benefit society, other\nthan agents representing societies governed by section four thousand\nfive hundred twenty-seven of this chapter, who devotes, or intends to\ndevote, less than fifty percent of the person's time to the solicitation\nand negotiation or sale of insurance contracts for fraternal benefit\nsocieties and who receives or intends to receive any commission or other\ncompensation directly dependent on the amount of insurance, provided\nthat any person who in the preceding calendar year has solicited,\nnegotiated or sold any of the following contracts of insurance on behalf\nof a fraternal benefit society is presumed to have devoted, or intended\nto devote, fifty percent of the person's time to the solicitation,\nnegotiation and sale of insurance contracts;\n (A) life insurance contracts that, in the aggregate, exceed two\nhundred thousand dollars of coverage for all lives insured for the\npreceding calendar year;\n (B) a permanent life insurance contract offering more than ten\nthousand dollars of coverage on an individual life;\n (C) a term life insurance contract offering more than fifty thousand\ndollars of coverage on an individual life;\n (D) any insurance contracts other than life that the fraternal benefit\nsociety may write that insure the individual lives of more than\ntwenty-five persons;\n (E) any variable life insurance or variable annuity contract;\n (4) any agent or other representative of any title insurance company;\n (5) any service contract provider or any administrator or person\ndesignated by a service contract provider who in this state markets,\nsells, offers for sale, issues, makes, proposes to make or administer\nservice contracts pursuant to article seventy-nine of this chapter;\n (6) a person who secures and furnishes information for the purpose of\ngroup life insurance, group property/casualty insurance, group\nannuities, group or blanket accident and health insurance; or for the\npurpose of enrolling individuals under plans, issuing certificates under\nplans or otherwise assisting in administering plans; or performing\nadministrative services related to mass marketed property/casualty\ninsurance, provided that no commission is paid to the person for the\nservice;\n (7) an employer or association or its officers, directors, employees,\nor the trustees of an employee trust plan, to the extent that the\nemployers, officers, empl
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