§ 2114. Life, accident and health insurance agents; commissions. (a)
(1) No insurer or fraternal benefit society doing business in this state
shall pay any commission or other compensation to any person, firm or
corporation, for any services in obtaining in this state any new
contract of life insurance or any new annuity contract, except to a
licensed life insurance agent of such insurer or of such society or to
an insurance broker licensed under subparagraph (A) of paragraph one of
subsection (b) of section two thousand one hundred four of this article,
and except to a person described in paragraph two or three of subsection
(a) of section two thousand one hundred one of this article.

(2) No agent or other representative of any such life insurer or
fraternal benefit society shall pay any commission or other compensation
to any person for any services of the kind specified in paragraph one
hereof, except to a licensed life insurance agent of such insurer or of
such society as the case may be.

(3) No insurer, fraternal benefit society or health maintenance
organization doing business in this state and no agent or other
representative thereof shall pay any commission or other compensation to
any person, firm, association or corporation for services in soliciting,
negotiating or selling in this state any new contract of accident or
health insurance or any new health maintenance organization contract,
except to a licensed accident and health insurance agent of such
insurer, such society or health maintenance organization, or to a
licensed insurance broker of this state, and except to a person
described in paragraph two or three of subsection (a) of section two
thousand one hundred one of this article.

* (4) Services of the kind specified in this subsection shall not
include the referral of a person to a licensed insurance agent or broker
that does not include a discussion of specific insurance policy terms
and conditions and where the compensation for referral is not based upon
the purchase of insurance by such person.

* NB Repealed September 10, 2029

(b) If any licensed life insurance agent who or which has received an
application for a life insurance or annuity contract is unable after
reasonable diligence to obtain all or any part of such insurance from
the life insurer or insurers which he or it is licensed to represent,
such agent may solicit, negotiate or sell such insurance, to the extent
to which it is declined by such insurer or insurers, from any other
authorized life insurer or insurers, with the consent of the person
making such application; but no such agent shall receive any commission
or other compensation for his services in connection therewith from any
insurer unless he is licensed as agent of such insurer at the time when
he receives such compensation.