§ 2117. Acting for or aiding unlicensed or unauthorized insurers or\nhealth maintenance organizations. (a) No person, firm, association or\ncorporation shall in this state act as agent for any insurer or health\nmaintenance organization which is not licensed or authorized to do an\ninsurance or health maintenance organization business in this state, in\nthe doing of any insurance or health maintenance organization business\nin this state or in soliciting, negotiating or effectuating any\ninsurance, health maintenance organization or annuity contract or shall\nin this state act as insurance broker in soliciting, negotiating or in\nany way effectuating any insurance, health maintenance organization or\nannuity contract of, or in placing risks with, any such insurer or\nhealth maintenance organization, or shall in this state in any way or\nmanner aid any such insurer or health maintenance organization in\neffecting any insurance, health maintenance organization or annuity\ncontract.\n (b) Notwithstanding the provisions of subsection (a) hereof, any\ninsurance broker licensed under subparagraph (B) of paragraph one of\nsubsection (b) of section two thousand one hundred four of this article\nmay negotiate a contract of insurance, or place insurance, in an insurer\nnot authorized to do business in this state, as follows:\n (1) a contract of reinsurance on risks produced by such broker;\n (2) insurance against loss of or damage to property having a permanent\nsitus outside of this state; and\n (3) marine insurance of the following kind or kinds, where it is\nreasonable so to do with due regard to the interests of all concerned\nand whether or not, at the time of such negotiation, the subject matter\nof such insurance is within or without this state:\n (A) insurance against perils of navigation, transit or transportation\nupon hulls, freights or disbursements, or other shipowner interests,\ngoods, wares, merchandise and all other personal property and interests\ntherein, in course of exportation from or importation into any country,\nor transportation coastwise, including transportation by land or water\nfrom point of origin to final destination and including war risks and\nmarine builders' risks; and\n (B) insurance in connection with ocean going vessels against any of\nthe risks specified in paragraph twenty-one of subsection (a) of section\none thousand one hundred thirteen of this chapter.\n (c) Notwithstanding the provisions of subsection (a) hereof, any\ninsurance broker licensed under subparagraph (B) of paragraph one of\nsubsection (b) of section two thousand one hundred four of this article\nmay negotiate a contract of insurance or place insurance in an\nunauthorized insurer as follows:\n (1) insurance against legal liability arising out of the ownership,\noperation or maintenance of any motor vehicle or aircraft which is\nneither principally garaged nor principally used in this state, arising\nout of any activity carried on wholly outside of this state or arising\nout of the ownership, operation or maintenance of any property having a\npermanent situs outside of this state, but in case such property or risk\nis located in any other state, then only in an insurer authorized to do\nsuch business in such state or in an insurer in which a licensed\ninsurance broker of such state may lawfully place such insurance; and\n (2) fidelity bonds guaranteeing the fidelity of persons holding or\nexercising positions of public or private trust wholly outside of this\nstate, and surety bonds guaranteeing or assuming the performance of any\ncontract or other obligation of the kind included under subparagraphs\n(B) and (C) of paragraph sixteen of subsection (a) of section one\nthousand one hundred thirteen of this chapter, to be performed wholly\noutside of this state; but if such positions are held or exercised in\nanother state or if such contract or other obligation is to be performed\nwholly or partly in another state, then only
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