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New York Consolidated Laws

N.Y. Insurance Law § 2105 (2026)

Excess line brokers; licensing

✓ current as of May 2026
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§ 2105. Excess line brokers; licensing.  (a) The superintendent may
issue an excess line broker's license to any person, firm, association
or corporation who or which is licensed as an insurance broker under
section two thousand one hundred four of this article, or who or which
is licensed as an excess line broker in the licensee's home state,
provided, however, that the applicant's home state grants non-resident
licenses to residents of this state on the same basis, except that
reciprocity is not required in regard to the placement of liability
insurance on behalf of a purchasing group or any of its members;
authorizing such person, firm, association or corporation to procure,
subject to the restrictions herein provided, policies of insurance from
insurers that are not authorized to transact business in this state of
the kind or kinds of insurance specified in paragraphs four through
fourteen, sixteen, seventeen, nineteen, twenty, twenty-two,
twenty-seven, twenty-eight, thirty-one, thirty-two, thirty-three, and
thirty-four of subsection (a) of section one thousand one hundred
thirteen of this chapter and in subsection (h) of this section,
provided, however, that the provisions of this section and section two
thousand one hundred eighteen of this article shall not apply to ocean
marine insurance and other contracts of insurance enumerated in
subsections (b) and (c) of section two thousand one hundred seventeen of
this article. Such license may be suspended or revoked by the
superintendent whenever in the superintendent's judgment such suspension
or revocation will best promote the interests of the people of this
state.
  (b) Before the superintendent issues any such license or renewal,
there shall be filed in the superintendent's office an application by
the person, firm, association or corporation desiring such license, in
such form or forms, and supplements thereto, and containing information
the superintendent prescribes. For each business entity, the
sub-licensee or sub-licensees named in the application shall be
designated responsible for the business entity's compliance with the
insurance laws, rules and regulations of this state. A person or entity
licensed as an excess line broker in his, her or its home state may
receive a non-resident excess line broker license pursuant to subsection
(a) of this section with the submission of the application.
  (c) (1) At the time of application for every such license, and for
every renewal, each applicant shall pay the superintendent the following
fees:
  (A) Two hundred dollars for each year or fraction of a year in which a
license shall be valid, if the applicant maintains an office in, or acts
as an excess line broker in placing insurance on risks located in, any
county in this state having a population of one hundred thousand or more
inhabitants.
  (B) Twenty-five dollars for each year or fraction of a year in which a
license shall be valid in all other cases.
  (2) The population of any county shall be determined by the most
recent official census, whether by the United States or by this state.
  (d) Every license issued pursuant to this section shall be for a term
expiring with the expiration of the qualifying broker license and may be
renewed for the ensuing period of twenty-four months upon the filing of
an application in conformity with subsection (b) of this section and
paying the fee prescribed by subsection (c) of this section. In the case
of a license issued to a new applicant, the superintendent may issue a
license for a term of more than two years, provided however, such term
shall not exceed thirty months.
  (e) Any such license issued to a firm, association or corporation
shall authorize as sub-licensee only the sub-licensees named in its
license as insurance broker, and each such sub-licensee may act
thereunder only in the name of and on behalf of the licensee.
  (g) The superintendent may issue a replacement for a currently in
force license which has been lost or destroyed. Before such replacement
license shall be issued, there shall be on file in the office of the
superintendent a written application for such replacement license,
affirming under penalty of perjury that the original license has been
lost or destroyed, together with a fee of fifteen dollars.
  (h) Pursuant to subsection (a) of this section, an excess line broker
may procure policies of insurance from insurers which are not authorized
to transact business in this state for personal accident insurance and
accident disability insurance, in which the insured is a non-resident of
this state, and the nature of the risk to be insured is related to the
operation of motor vehicles at high speeds for the enjoyment of
spectators, is unusual and difficult to place and where such broker,
after diligent effort, could not procure substantially similar coverage
from an insurer authorized to do business in this state.
  (i) Pursuant to subsection (a) of this section, an excess line broker
may procure policies of salary protection insurance from insurers that
are not authorized to transact business in this state.
Notes of Decisions
Cited in 10 cases, 1990–2013 · leading case: 3405 Putnam Realty Corp. v. Chubb Custom Ins., 14 A.D.3d 310 (N.Y. App. Div. 2005).
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3405 Putnam Realty Corp. v. Chubb Custom Ins., 14 A.D.3d 310 (N.Y. App. Div. 2005). · cites it 4× “The court held the lead exclusion unenforceable due to Chubb’s failure to fulfill the requirements of Insurance Law § 2105, which pertains to the licensing requirements for excess line brokers.”
Polly Esther's South, Inc. v. Setnor Byer Bogdanoff, Inc., 10 Misc. 3d 375 (N.Y. Sup. Ct. 2005). · cites it 5× “) Under the provisions discussed, Kaye was under an affirmative obligation to obtain an excess line broker’s license, 7 (Insurance Law § 2105), file an affidavit with the excess line association detailing the “diligent effort” made to place coverage with an authorized carrier…”
John Paterno, Inc. v. Curiale, 668 N.E.2d 395 (N.Y. 1996). · cites it 2× “Starting in 1985, the market to place insurance risks for restaurant, bar and tavern owners in New York contracted, causing Paterno to turn to excess line brokers, which are entities statutorily permitted under certain conditions to procure insurance from insurers not authorized…”
City of New York v. Britestarr Homes, Inc., 150 Misc. 2d 820 (N.Y. Sup. Ct. 1991). “Also limits are imposed on those specially licensed "excess line” brokers who may procure policies issued by foreign insurers not authorized to do an insurance business in New York (Insurance Law §§ 2105, 2118, 2130). That licensing protects New York insureds and consumers (see,…”
Rosen v. Levin, 259 A.D.2d 395 (N.Y. App. Div. 1999). “21) by filing excess line affidavits on behalf *396 of a producing broker unlicénced to procure excess line coverage; that petitioner violated Insurance Law § 2118 (c) and Insurance Department Regulation 41 by failing to maintain “a complete and separate record” regarding excess…”
Avon Grp., Inc. v. State of New York Ins. Dep't, 741 F. Supp. 82 (S.D.N.Y. 1990). · cites it 2× “; N.Y.Ins.Law §§ 2105(a), 2117(b)(3)(B) (McKinney 1985); see also id.”
Cleveland v. Dep't of Ins., 206 A.D.2d 659 (N.Y. App. Div. 1994). · cites it 2× “Petitioner, an insurance broker and excess line broker (see, Insurance Law § 2105), licensed to do business in New York, was asked by an out-of-State broker whether he would obtain and deliver, for the benefit of a New York corporation, a policy of patent infringement abatement…”
Excess Line Ass'n v. Waldorf & Assocs., 40 Misc. 3d 759 (N.Y. Sup. Ct. 2013). “If the Superintendent of Insurance finds that punishment is warranted it could respond in a variety of ways, including suspending the violator’s license for noncompliance with the statute (see Insurance Law § 2105 [a]). Thus, recognition of a private right of action under the…”
Segal Co. v. Certain Underwriters at Lloyd's, 9 A.L.R. 6th 787 (N.Y. App. Div. 2005). “0 [a]), it permits excess line brokers to procure insurance from unauthorized insurers (see Insurance Law § 2105 [a]; § 2117 [h]), if they have been unable “after diligent effort” to procure the full amount of required insurance from authorized insurers (Insurance Law § 2118 [b]…”
Associated Int'l Brokers, Inc. v. Levin, 294 A.D.2d 317 (N.Y. App. Div. 2002). “While petitioners seek to characterize the separate transportation policies at issue as ocean marine policies exempt from excess line requirements pursuant to Insurance Law §§ 2105 *318 and 2117 (b) (3), the hearing evidence was substantial that the policies in question did not,…”
N.Y. Insurance Law § 2105(a): 1 case
Avon Grp., Inc. v. State of New York Ins. Dep't, 741 F. Supp. 82 (S.D.N.Y. 1990). “; N.Y.Ins.Law §§ 2105(a), 2117(b)(3)(B) (McKinney 1985); see also id.”
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