State Codes and Statutes

Statutes > New-york > Isc > Article-21 > 2131

§  2131.   * Limited license for rental vehicle companies and wireless  communications equipment vendors.    * NB Effective until February 9, 2011    * Limited   license   for   rental   vehicle    companies,    wireless  communications equipment vendors and self-service storage companies.    * NB Effective February 9, 2011    * (a)  The  superintendent  may  issue  to a rental vehicle company, a  wireless communications equipment vendor, or to a franchisee of a rental  vehicle company or a wireless communications equipment vendor, which has  complied with the  requirements  of  this  section,  a  limited  license  authorizing  the licensee, known as a "limited licensee" for the purpose  of this article, to act  as  agent,  with  reference  to  the  kinds  of  insurance  specified in this section, of any insurer authorized to write  such kinds of insurance in this state.    * NB Effective until February 9, 2011    * (a) The superintendent may issue to  a  rental  vehicle  company,  a  wireless communications equipment vendor, a self-service storage company  or   to   a   franchisee   of  a  rental  vehicle  company,  a  wireless  communications equipment vendor, or a self-service storage company which  has complied with the requirements of this section,  a  limited  license  authorizing  the licensee, known as a "limited licensee" for the purpose  of this article, to act  as  agent,  with  reference  to  the  kinds  of  insurance  specified in this section, of any insurer authorized to write  such kinds of insurance in this state.    * NB Effective February 9, 2011    (b) The prerequisites for issuance of a  limited  license  under  this  section shall be the filing with the superintendent of the following:    (1)  an  application,  signed  by an officer of the applicant, for the  limited license in such form or  forms,  and  supplements  thereto,  and  containing such information, as the superintendent may prescribe; and    (2) an appointment of a limited licensee by the appointing insurer, in  a format approved by the superintendent, no more than fifteen days after  the date the agency contract is executed or the first insurance contract  is  submitted,  whichever is later, stating that it has satisfied itself  that the named applicant is trustworthy and  competent  to  act  as  its  insurance  agent  for  this  limited  purpose  and that the insurer will  appoint such applicant to act as the agent in reference to the doing  of  such  kind or kinds of insurance which are permitted by this section, if  the limited license applied for is issued by  the  superintendent.  Such  appointment  shall be subscribed by an officer or managing agent of such  insurer and affirmed as true under the penalties of perjury.    (c) In the event that any provision of this chapter is  violated,  the  superintendent may:    (1)  revoke  or suspend a limited license issued under this section in  accordance with the provisions of section two thousand one  hundred  ten  of this article; or    (2)  after  notice  and hearing impose such other penalties, including  suspending the transaction of  insurance  at  specific  locations  where  violations  of  this  article have occurred, as the superintendent deems  necessary or convenient to carry out the purposes of this section.    * (d) The rental vehicle company,  wireless  communications  equipment  vendor or franchisee licensed pursuant to subsection (a) of this section  may  act  as agent for an authorized insurer only in connection with the  rental of motor vehicles or the sale or offering for  sale  of  wireless  communications equipment and only with respect to the following kinds of  insurance:    (1) with respect to rental vehicle companies:(A)  excess  liability  insurance that provides coverage to the rental  car company or franchisee and renters and other  authorized  drivers  of  rental  vehicles, in excess of the standard liability limits provided by  the rental vehicle  company  in  its  rental  agreement,  for  liability  arising from the negligent operation of the rental vehicle;    (B)  accident  and  health insurance that provides coverage to renters  and other vehicle occupants, in  excess  to  the  standard  first  party  benefits  provided  pursuant  to  article fifty-one of this chapter, for  accidental death and/or dismemberment and for medical expenses resulting  from an accident that occurs during the rental period;    (C) personal effects insurance that provides coverage to  renters  and  other  vehicle occupants for the loss of, or damage to, personal effects  that occurs during the rental period;    (D) any  other  coverage  which  the  superintendent  may  approve  as  meaningful  and  appropriate  in  connection  with  the  rental of motor  vehicles; or    (2)  with  respect  to  wireless  communications  equipment   vendors,  insurance  issued  to  cover  the  loss,  theft,  mechanical failure, or  malfunction of, or damage to, wireless communications equipment  offered  as  either  an  individual  policy  issued to the consumer or as a group  property and casualty policy under which certificates or other  evidence  of  coverage  are  issued  to  individual  consumers  who  enroll in the  program, provided however, that  said  insurance  shall  not  extend  to  wireless  services or service contracts governed by article seventy-nine  of this chapter.    * NB Effective until February 9, 2011    * (d) The rental vehicle company,  wireless  communications  equipment  vendor, or self-service storage company, or franchisee licensed pursuant  to  subsection  (a)  of  this section may act as agent for an authorized  insurer only in connection with the rental of motor vehicles,  the  sale  or offering for sale of wireless communications equipment, or the rental  of  storage  space, respectively, and only with respect to the following  kinds of insurance:    (1) with respect to rental vehicle companies:    (A) excess liability insurance that provides coverage  to  the  rental  car  company  or  franchisee and renters and other authorized drivers of  rental vehicles, in excess of the standard liability limits provided  by  the  rental  vehicle  company  in  its  rental  agreement, for liability  arising from the negligent operation of the rental vehicle;    (B) accident and health insurance that provides  coverage  to  renters  and  other  vehicle  occupants,  in  excess  to the standard first party  benefits provided pursuant to article fifty-one  of  this  chapter,  for  accidental death and/or dismemberment and for medical expenses resulting  from an accident that occurs during the rental period;    (C)  personal  effects insurance that provides coverage to renters and  other vehicle occupants for the loss of, or damage to, personal  effects  that occurs during the rental period;    (D)  any  other  coverage  which  the  superintendent  may  approve as  meaningful and appropriate  in  connection  with  the  rental  of  motor  vehicles; or    (2)   with  respect  to  wireless  communications  equipment  vendors,  insurance issued to  cover  the  loss,  theft,  mechanical  failure,  or  malfunction  of, or damage to, wireless communications equipment offered  as either an individual policy issued to the  consumer  or  as  a  group  policy under which certificates or other evidence of coverage are issued  to  individual  consumers  who  enroll in the program, provided however,  that said insurance shall not extend to  wireless  services  or  service  contracts governed by article seventy-nine of this chapter; or(3)  with  respect  to  self-service  storage companies, the following  coverages offered as either an individual policy issued to the  consumer  or as a group policy:    (A)  personal  effects  insurance that provides coverage to renters of  storage spaces at the self-service storage company's  facility  for  the  loss  of,  or damage to, personal property stored at the facility, where  the loss or damage occurs at the same facility during the rental period;    (B)  any  other  coverage  that  the  superintendent  may  approve  as  meaningful  and  appropriate  in  connection  with the rental of storage  space.    * NB Effective February 9, 2011    * (e) No insurance may be issued pursuant to this section unless:    (1) with regard to the rental of vehicles only, the rental  period  of  the rental agreement does not exceed thirty consecutive days; and    (2)  at  every  location  where  rental vehicle agreements or wireless  communications equipment agreements are  executed,  brochures  or  other  written  materials  are  readily  available  to the prospective consumer  which:    (A) summarize, clearly and correctly, the material terms of  insurance  coverage,  including  the  identity  of  the insurer and, with regard to  wireless communications equipment insurance, the  agent  licensed  under  subsection  (b)  of  section  two  thousand  one  hundred  three of this  article;    (B) disclose that these policies may provide a duplication of coverage  already provided by a renter's  personal  automobile  insurance  policy,  homeowner's  insurance  policy,  personal liability insurance policy, or  other source of coverage;    (C) state that the purchase by the consumer of the kinds of  insurance  specified  in this section is not required in order to rent a vehicle or  to purchase or lease wireless communications equipment;    (D) describe the process for filing a claim in the event the  consumer  elects to purchase coverage;    (E)  the  price,  deductible,  benefits,  exclusions and conditions or  other limitations of such policies;    (F)  disclose  that  the  employee  of  the  wireless   communications  equipment vendor is not qualified or authorized to evaluate the adequacy  of the purchaser's existing coverages, unless otherwise licensed; and    (G)  state  that the customer may cancel the insurance at any time and  any unearned premium will be refunded in accordance with applicable law.    (3) evidence of coverage is provided to every consumer who  elects  to  purchase such coverage.    * NB Effective until February 9, 2011    * (e) No insurance may be issued pursuant to this section unless:    (1)  with  regard to the rental of vehicles only, the rental period of  the rental agreement does not exceed thirty consecutive days; and    (2) at  every  location  where  rental  vehicle  agreements,  wireless  communications  equipment agreements, or self-service storage agreements  are executed, brochures or other written materials are readily available  to the prospective consumer that:    (A) summarize, clearly and correctly, the material terms of  insurance  coverage,  including  the  identity  of  the insurer and, with regard to  wireless communications equipment insurance, the  agent  licensed  under  subsection  (b)  of  section  two  thousand  one  hundred  three of this  article;    (B) disclose that these policies may provide a duplication of coverage  already provided by a renter's  personal  automobile  insurance  policy,  homeowner's  insurance  policy,  personal liability insurance policy, or  other source of coverage;(C) state that the purchase by the consumer of the kinds of  insurance  specified in this section is not required in order to rent a vehicle, to  purchase  or lease wireless communications equipment, or to rent storage  space;    (D)  describe the process for filing a claim in the event the consumer  elects to purchase coverage;    (E) the price, deductible,  benefits,  exclusions  and  conditions  or  other limitations of such policies;    (F) disclose that the employee of the rental vehicle company, wireless  communications equipment vendor or self-storage company is not qualified  or  authorized  to  evaluate  the  adequacy  of the purchaser's existing  coverages, unless otherwise licensed; and    (G) state that the customer may cancel the insurance at any  time  and  any unearned premium will be refunded in accordance with applicable law.    (3)  evidence  of coverage is provided to every consumer who elects to  purchase such coverage.    * NB Effective February 9, 2011    * (f) Rates and forms for wireless communications equipment  insurance  shall  be subject to article twenty-three of this chapter. Any brochures  used in connection  with  wireless  communications  equipment  insurance  shall  be  filed  with  the  superintendent for review and shall include  disclosure of the claims filing process, premium, deductible amounts and  limits and shall be prominently displayed in the brochure with at  least  twelve-point  type  bold  headings.  Any  such  brochures  shall also be  subject to section three thousand  one  hundred  two  of  this  chapter,  provided,  however,  that  any  policy, certificate or other evidence of  wireless communications equipment insurance  coverage,  whether  or  not  contained  in  such  brochure,  shall  not  be  subject to section three  thousand one hundred two of this chapter, but  shall  be  written  in  a  clear  and coherent manner and whenever practicable shall use words with  common and everyday meaning to facilitate readability  and  to  aid  the  policyholder in understanding the coverage provided.    * NB Effective until February 9, 2011    * (f)  Rates  and  forms  for  insurance  under  this section shall be  subject to article twenty-three of this chapter. Any brochures  used  in  connection  with  insurance  under  this section shall be filed with the  superintendent for review and shall include  disclosure  of  the  claims  filing  process,  premium,  deductible  amounts  and limits and shall be  prominently displayed in the brochure with at  least  twelve-point  type  bold headings. Any such brochures shall also be subject to section three  thousand  one  hundred  two of this chapter, provided, however, that any  policy, certificate or other evidence of insurance coverage, whether  or  not  contained  in  such brochure, shall not be subject to section three  thousand one hundred two of this chapter, but  shall  be  written  in  a  clear  and coherent manner and whenever practicable shall use words with  common and everyday meaning to facilitate readability  and  to  aid  the  policyholder in understanding the coverage provided.    * NB Effective February 9, 2011    (g) Any limited license issued under this section shall also authorize  any  salaried  employee  or  any  sales representative authorized by the  licensee who, pursuant to subsection (h) of this section, is trained  to  act  individually  on behalf, and under the supervision, of the licensee  with respect to the kinds of insurance specified in this section.    * (h) Each company or franchisee licensed  pursuant  to  this  section  shall  conduct  a  training  program,  which  shall  be submitted to the  superintendent for approval prior to  use,  and  which  shall  meet  the  following minimum standards:(1)  each  trainee  shall receive basic instruction about the kinds of  insurance specified in this section offered for purchase by  prospective  renters  of  rental  vehicles  or  purchasers  or  lessors  of  wireless  communications equipment;    (2)  each  trainee shall be instructed with respect to the disclosures  required under subsection (e) of this section and to  acknowledge  to  a  prospective  renter  of  a  rental  vehicle  or  purchaser  or lessor of  wireless communications equipment that purchase of  any  such  insurance  specified  in  this section is not required in order for the consumer to  rent a motor  vehicle  or  purchase  or  lease  wireless  communications  equipment;    (3)  each  trainee shall be instructed to acknowledge to a prospective  consumer of the kinds of insurance specified in this  section  that  the  consumer  may  have insurance policies that already provide the coverage  being  offered  by  the  rental  vehicle   company   or   the   wireless  communications equipment vendor pursuant to this section; and    (4)  with  regard to wireless communications equipment insurance only,  training materials may be developed and provided by  an  agent  licensed  pursuant  to subsection (b) of section two thousand one hundred three of  this article.    * NB Effective until February 9, 2011    * (h) Each company or franchisee licensed  pursuant  to  this  section  shall  conduct  a  training  program,  which  shall  be submitted to the  superintendent for approval prior to  use,  and  which  shall  meet  the  following minimum standards:    (1)  each  trainee  shall receive basic instruction about the kinds of  insurance specified in this section offered for purchase by  prospective  renters   of   rental   vehicles,  purchasers  or  lessors  of  wireless  communications equipment, or renters of storage space;    (2) each trainee shall be instructed with respect to  the  disclosures  required  under  subsection  (e) of this section and to acknowledge to a  prospective renter of a rental vehicle, purchaser or lessor of  wireless  communications  equipment,  or  renter of storage space that purchase of  any such insurance specified in this section is not  required  in  order  for  the  consumer  to  rent a motor vehicle, purchase or lease wireless  communications equipment, or rent storage space;    (3) each trainee shall be instructed to acknowledge to  a  prospective  consumer  of  the  kinds of insurance specified in this section that the  consumer may have insurance policies that already provide  the  coverage  being offered by the rental vehicle company, the wireless communications  equipment  vendor,  or  self-service  storage  company  pursuant to this  section; and    (4) with regard to wireless  communications  equipment  insurance  and  self-service  storage  company  insurance,  training  materials  may  be  developed and provided by an agent licensed pursuant to  subsection  (b)  of section two thousand one hundred three of this article.    * NB Effective February 9, 2011    * (i)  Limited licensees acting pursuant to and under the authority of  this section  shall  comply  with  all  applicable  provisions  of  this  article,  except  that  notwithstanding section two thousand one hundred  twenty of this article, a limited  licensee  pursuant  to  this  section  shall  not  be  required  to  treat  premiums  collected  from consumers  purchasing such insurance when renting motor vehicles or  purchasing  or  leasing  wireless  communications  equipment  as  funds  received  in  a  fiduciary capacity, provided that:    (1) the insurer represented by the limited licensee has  consented  in  writing,  signed  by  the  insurer's  officer, that premiums need not be  segregated from funds received by the rental vehicle company or wirelesscommunications equipment vendor on account of vehicle rental or wireless  communications equipment purchase or lease; and    (2)  the charges for insurance coverage are itemized but not billed to  the consumer separately from the charges for rental vehicles or purchase  or lease of wireless communications equipment.    * NB Effective until February 9, 2011    * (i) Limited licensees acting pursuant to and under the authority  of  this  section  shall  comply  with  all  applicable  provisions  of this  article, except that notwithstanding section two  thousand  one  hundred  twenty  of  this  article,  a  limited licensee pursuant to this section  shall not  be  required  to  treat  premiums  collected  from  consumers  purchasing  such  insurance  when  renting motor vehicles, purchasing or  leasing wireless communications equipment, or renting storage  space  as  funds received in a fiduciary capacity, provided that:    (1)  the  insurer represented by the limited licensee has consented in  writing, signed by the insurer's officer,  that  premiums  need  not  be  segregated  from  funds received by the rental vehicle company, wireless  communications equipment vendor, or self-storage company on  account  of  vehicle  rental, wireless communications equipment purchase or lease, or  storage space rental; and    (2) the charges for insurance coverage are itemized but not billed  to  the  consumer  separately from the charges for rental vehicles, purchase  or lease of wireless communications equipment, or storage space rental.    * NB Effective Februrary 9, 2011    (j) No limited licensees under this section shall advertise, represent  or otherwise hold itself or any  of  its  employees  themselves  out  as  licensed insurance agents or brokers.    (k)  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.    (l) For purposes of this section "wireless  communications  equipment"  shall  mean  wireless  handsets,  pagers,  personal  digital assistants,  wireless telephones or wireless telephone batteries and  other  wireless  devices  and accessories related to such devices that are used to access  wireless communications services and includes wireless services.

State Codes and Statutes

Statutes > New-york > Isc > Article-21 > 2131

§  2131.   * Limited license for rental vehicle companies and wireless  communications equipment vendors.    * NB Effective until February 9, 2011    * Limited   license   for   rental   vehicle    companies,    wireless  communications equipment vendors and self-service storage companies.    * NB Effective February 9, 2011    * (a)  The  superintendent  may  issue  to a rental vehicle company, a  wireless communications equipment vendor, or to a franchisee of a rental  vehicle company or a wireless communications equipment vendor, which has  complied with the  requirements  of  this  section,  a  limited  license  authorizing  the licensee, known as a "limited licensee" for the purpose  of this article, to act  as  agent,  with  reference  to  the  kinds  of  insurance  specified in this section, of any insurer authorized to write  such kinds of insurance in this state.    * NB Effective until February 9, 2011    * (a) The superintendent may issue to  a  rental  vehicle  company,  a  wireless communications equipment vendor, a self-service storage company  or   to   a   franchisee   of  a  rental  vehicle  company,  a  wireless  communications equipment vendor, or a self-service storage company which  has complied with the requirements of this section,  a  limited  license  authorizing  the licensee, known as a "limited licensee" for the purpose  of this article, to act  as  agent,  with  reference  to  the  kinds  of  insurance  specified in this section, of any insurer authorized to write  such kinds of insurance in this state.    * NB Effective February 9, 2011    (b) The prerequisites for issuance of a  limited  license  under  this  section shall be the filing with the superintendent of the following:    (1)  an  application,  signed  by an officer of the applicant, for the  limited license in such form or  forms,  and  supplements  thereto,  and  containing such information, as the superintendent may prescribe; and    (2) an appointment of a limited licensee by the appointing insurer, in  a format approved by the superintendent, no more than fifteen days after  the date the agency contract is executed or the first insurance contract  is  submitted,  whichever is later, stating that it has satisfied itself  that the named applicant is trustworthy and  competent  to  act  as  its  insurance  agent  for  this  limited  purpose  and that the insurer will  appoint such applicant to act as the agent in reference to the doing  of  such  kind or kinds of insurance which are permitted by this section, if  the limited license applied for is issued by  the  superintendent.  Such  appointment  shall be subscribed by an officer or managing agent of such  insurer and affirmed as true under the penalties of perjury.    (c) In the event that any provision of this chapter is  violated,  the  superintendent may:    (1)  revoke  or suspend a limited license issued under this section in  accordance with the provisions of section two thousand one  hundred  ten  of this article; or    (2)  after  notice  and hearing impose such other penalties, including  suspending the transaction of  insurance  at  specific  locations  where  violations  of  this  article have occurred, as the superintendent deems  necessary or convenient to carry out the purposes of this section.    * (d) The rental vehicle company,  wireless  communications  equipment  vendor or franchisee licensed pursuant to subsection (a) of this section  may  act  as agent for an authorized insurer only in connection with the  rental of motor vehicles or the sale or offering for  sale  of  wireless  communications equipment and only with respect to the following kinds of  insurance:    (1) with respect to rental vehicle companies:(A)  excess  liability  insurance that provides coverage to the rental  car company or franchisee and renters and other  authorized  drivers  of  rental  vehicles, in excess of the standard liability limits provided by  the rental vehicle  company  in  its  rental  agreement,  for  liability  arising from the negligent operation of the rental vehicle;    (B)  accident  and  health insurance that provides coverage to renters  and other vehicle occupants, in  excess  to  the  standard  first  party  benefits  provided  pursuant  to  article fifty-one of this chapter, for  accidental death and/or dismemberment and for medical expenses resulting  from an accident that occurs during the rental period;    (C) personal effects insurance that provides coverage to  renters  and  other  vehicle occupants for the loss of, or damage to, personal effects  that occurs during the rental period;    (D) any  other  coverage  which  the  superintendent  may  approve  as  meaningful  and  appropriate  in  connection  with  the  rental of motor  vehicles; or    (2)  with  respect  to  wireless  communications  equipment   vendors,  insurance  issued  to  cover  the  loss,  theft,  mechanical failure, or  malfunction of, or damage to, wireless communications equipment  offered  as  either  an  individual  policy  issued to the consumer or as a group  property and casualty policy under which certificates or other  evidence  of  coverage  are  issued  to  individual  consumers  who  enroll in the  program, provided however, that  said  insurance  shall  not  extend  to  wireless  services or service contracts governed by article seventy-nine  of this chapter.    * NB Effective until February 9, 2011    * (d) The rental vehicle company,  wireless  communications  equipment  vendor, or self-service storage company, or franchisee licensed pursuant  to  subsection  (a)  of  this section may act as agent for an authorized  insurer only in connection with the rental of motor vehicles,  the  sale  or offering for sale of wireless communications equipment, or the rental  of  storage  space, respectively, and only with respect to the following  kinds of insurance:    (1) with respect to rental vehicle companies:    (A) excess liability insurance that provides coverage  to  the  rental  car  company  or  franchisee and renters and other authorized drivers of  rental vehicles, in excess of the standard liability limits provided  by  the  rental  vehicle  company  in  its  rental  agreement, for liability  arising from the negligent operation of the rental vehicle;    (B) accident and health insurance that provides  coverage  to  renters  and  other  vehicle  occupants,  in  excess  to the standard first party  benefits provided pursuant to article fifty-one  of  this  chapter,  for  accidental death and/or dismemberment and for medical expenses resulting  from an accident that occurs during the rental period;    (C)  personal  effects insurance that provides coverage to renters and  other vehicle occupants for the loss of, or damage to, personal  effects  that occurs during the rental period;    (D)  any  other  coverage  which  the  superintendent  may  approve as  meaningful and appropriate  in  connection  with  the  rental  of  motor  vehicles; or    (2)   with  respect  to  wireless  communications  equipment  vendors,  insurance issued to  cover  the  loss,  theft,  mechanical  failure,  or  malfunction  of, or damage to, wireless communications equipment offered  as either an individual policy issued to the  consumer  or  as  a  group  policy under which certificates or other evidence of coverage are issued  to  individual  consumers  who  enroll in the program, provided however,  that said insurance shall not extend to  wireless  services  or  service  contracts governed by article seventy-nine of this chapter; or(3)  with  respect  to  self-service  storage companies, the following  coverages offered as either an individual policy issued to the  consumer  or as a group policy:    (A)  personal  effects  insurance that provides coverage to renters of  storage spaces at the self-service storage company's  facility  for  the  loss  of,  or damage to, personal property stored at the facility, where  the loss or damage occurs at the same facility during the rental period;    (B)  any  other  coverage  that  the  superintendent  may  approve  as  meaningful  and  appropriate  in  connection  with the rental of storage  space.    * NB Effective February 9, 2011    * (e) No insurance may be issued pursuant to this section unless:    (1) with regard to the rental of vehicles only, the rental  period  of  the rental agreement does not exceed thirty consecutive days; and    (2)  at  every  location  where  rental vehicle agreements or wireless  communications equipment agreements are  executed,  brochures  or  other  written  materials  are  readily  available  to the prospective consumer  which:    (A) summarize, clearly and correctly, the material terms of  insurance  coverage,  including  the  identity  of  the insurer and, with regard to  wireless communications equipment insurance, the  agent  licensed  under  subsection  (b)  of  section  two  thousand  one  hundred  three of this  article;    (B) disclose that these policies may provide a duplication of coverage  already provided by a renter's  personal  automobile  insurance  policy,  homeowner's  insurance  policy,  personal liability insurance policy, or  other source of coverage;    (C) state that the purchase by the consumer of the kinds of  insurance  specified  in this section is not required in order to rent a vehicle or  to purchase or lease wireless communications equipment;    (D) describe the process for filing a claim in the event the  consumer  elects to purchase coverage;    (E)  the  price,  deductible,  benefits,  exclusions and conditions or  other limitations of such policies;    (F)  disclose  that  the  employee  of  the  wireless   communications  equipment vendor is not qualified or authorized to evaluate the adequacy  of the purchaser's existing coverages, unless otherwise licensed; and    (G)  state  that the customer may cancel the insurance at any time and  any unearned premium will be refunded in accordance with applicable law.    (3) evidence of coverage is provided to every consumer who  elects  to  purchase such coverage.    * NB Effective until February 9, 2011    * (e) No insurance may be issued pursuant to this section unless:    (1)  with  regard to the rental of vehicles only, the rental period of  the rental agreement does not exceed thirty consecutive days; and    (2) at  every  location  where  rental  vehicle  agreements,  wireless  communications  equipment agreements, or self-service storage agreements  are executed, brochures or other written materials are readily available  to the prospective consumer that:    (A) summarize, clearly and correctly, the material terms of  insurance  coverage,  including  the  identity  of  the insurer and, with regard to  wireless communications equipment insurance, the  agent  licensed  under  subsection  (b)  of  section  two  thousand  one  hundred  three of this  article;    (B) disclose that these policies may provide a duplication of coverage  already provided by a renter's  personal  automobile  insurance  policy,  homeowner's  insurance  policy,  personal liability insurance policy, or  other source of coverage;(C) state that the purchase by the consumer of the kinds of  insurance  specified in this section is not required in order to rent a vehicle, to  purchase  or lease wireless communications equipment, or to rent storage  space;    (D)  describe the process for filing a claim in the event the consumer  elects to purchase coverage;    (E) the price, deductible,  benefits,  exclusions  and  conditions  or  other limitations of such policies;    (F) disclose that the employee of the rental vehicle company, wireless  communications equipment vendor or self-storage company is not qualified  or  authorized  to  evaluate  the  adequacy  of the purchaser's existing  coverages, unless otherwise licensed; and    (G) state that the customer may cancel the insurance at any  time  and  any unearned premium will be refunded in accordance with applicable law.    (3)  evidence  of coverage is provided to every consumer who elects to  purchase such coverage.    * NB Effective February 9, 2011    * (f) Rates and forms for wireless communications equipment  insurance  shall  be subject to article twenty-three of this chapter. Any brochures  used in connection  with  wireless  communications  equipment  insurance  shall  be  filed  with  the  superintendent for review and shall include  disclosure of the claims filing process, premium, deductible amounts and  limits and shall be prominently displayed in the brochure with at  least  twelve-point  type  bold  headings.  Any  such  brochures  shall also be  subject to section three thousand  one  hundred  two  of  this  chapter,  provided,  however,  that  any  policy, certificate or other evidence of  wireless communications equipment insurance  coverage,  whether  or  not  contained  in  such  brochure,  shall  not  be  subject to section three  thousand one hundred two of this chapter, but  shall  be  written  in  a  clear  and coherent manner and whenever practicable shall use words with  common and everyday meaning to facilitate readability  and  to  aid  the  policyholder in understanding the coverage provided.    * NB Effective until February 9, 2011    * (f)  Rates  and  forms  for  insurance  under  this section shall be  subject to article twenty-three of this chapter. Any brochures  used  in  connection  with  insurance  under  this section shall be filed with the  superintendent for review and shall include  disclosure  of  the  claims  filing  process,  premium,  deductible  amounts  and limits and shall be  prominently displayed in the brochure with at  least  twelve-point  type  bold headings. Any such brochures shall also be subject to section three  thousand  one  hundred  two of this chapter, provided, however, that any  policy, certificate or other evidence of insurance coverage, whether  or  not  contained  in  such brochure, shall not be subject to section three  thousand one hundred two of this chapter, but  shall  be  written  in  a  clear  and coherent manner and whenever practicable shall use words with  common and everyday meaning to facilitate readability  and  to  aid  the  policyholder in understanding the coverage provided.    * NB Effective February 9, 2011    (g) Any limited license issued under this section shall also authorize  any  salaried  employee  or  any  sales representative authorized by the  licensee who, pursuant to subsection (h) of this section, is trained  to  act  individually  on behalf, and under the supervision, of the licensee  with respect to the kinds of insurance specified in this section.    * (h) Each company or franchisee licensed  pursuant  to  this  section  shall  conduct  a  training  program,  which  shall  be submitted to the  superintendent for approval prior to  use,  and  which  shall  meet  the  following minimum standards:(1)  each  trainee  shall receive basic instruction about the kinds of  insurance specified in this section offered for purchase by  prospective  renters  of  rental  vehicles  or  purchasers  or  lessors  of  wireless  communications equipment;    (2)  each  trainee shall be instructed with respect to the disclosures  required under subsection (e) of this section and to  acknowledge  to  a  prospective  renter  of  a  rental  vehicle  or  purchaser  or lessor of  wireless communications equipment that purchase of  any  such  insurance  specified  in  this section is not required in order for the consumer to  rent a motor  vehicle  or  purchase  or  lease  wireless  communications  equipment;    (3)  each  trainee shall be instructed to acknowledge to a prospective  consumer of the kinds of insurance specified in this  section  that  the  consumer  may  have insurance policies that already provide the coverage  being  offered  by  the  rental  vehicle   company   or   the   wireless  communications equipment vendor pursuant to this section; and    (4)  with  regard to wireless communications equipment insurance only,  training materials may be developed and provided by  an  agent  licensed  pursuant  to subsection (b) of section two thousand one hundred three of  this article.    * NB Effective until February 9, 2011    * (h) Each company or franchisee licensed  pursuant  to  this  section  shall  conduct  a  training  program,  which  shall  be submitted to the  superintendent for approval prior to  use,  and  which  shall  meet  the  following minimum standards:    (1)  each  trainee  shall receive basic instruction about the kinds of  insurance specified in this section offered for purchase by  prospective  renters   of   rental   vehicles,  purchasers  or  lessors  of  wireless  communications equipment, or renters of storage space;    (2) each trainee shall be instructed with respect to  the  disclosures  required  under  subsection  (e) of this section and to acknowledge to a  prospective renter of a rental vehicle, purchaser or lessor of  wireless  communications  equipment,  or  renter of storage space that purchase of  any such insurance specified in this section is not  required  in  order  for  the  consumer  to  rent a motor vehicle, purchase or lease wireless  communications equipment, or rent storage space;    (3) each trainee shall be instructed to acknowledge to  a  prospective  consumer  of  the  kinds of insurance specified in this section that the  consumer may have insurance policies that already provide  the  coverage  being offered by the rental vehicle company, the wireless communications  equipment  vendor,  or  self-service  storage  company  pursuant to this  section; and    (4) with regard to wireless  communications  equipment  insurance  and  self-service  storage  company  insurance,  training  materials  may  be  developed and provided by an agent licensed pursuant to  subsection  (b)  of section two thousand one hundred three of this article.    * NB Effective February 9, 2011    * (i)  Limited licensees acting pursuant to and under the authority of  this section  shall  comply  with  all  applicable  provisions  of  this  article,  except  that  notwithstanding section two thousand one hundred  twenty of this article, a limited  licensee  pursuant  to  this  section  shall  not  be  required  to  treat  premiums  collected  from consumers  purchasing such insurance when renting motor vehicles or  purchasing  or  leasing  wireless  communications  equipment  as  funds  received  in  a  fiduciary capacity, provided that:    (1) the insurer represented by the limited licensee has  consented  in  writing,  signed  by  the  insurer's  officer, that premiums need not be  segregated from funds received by the rental vehicle company or wirelesscommunications equipment vendor on account of vehicle rental or wireless  communications equipment purchase or lease; and    (2)  the charges for insurance coverage are itemized but not billed to  the consumer separately from the charges for rental vehicles or purchase  or lease of wireless communications equipment.    * NB Effective until February 9, 2011    * (i) Limited licensees acting pursuant to and under the authority  of  this  section  shall  comply  with  all  applicable  provisions  of this  article, except that notwithstanding section two  thousand  one  hundred  twenty  of  this  article,  a  limited licensee pursuant to this section  shall not  be  required  to  treat  premiums  collected  from  consumers  purchasing  such  insurance  when  renting motor vehicles, purchasing or  leasing wireless communications equipment, or renting storage  space  as  funds received in a fiduciary capacity, provided that:    (1)  the  insurer represented by the limited licensee has consented in  writing, signed by the insurer's officer,  that  premiums  need  not  be  segregated  from  funds received by the rental vehicle company, wireless  communications equipment vendor, or self-storage company on  account  of  vehicle  rental, wireless communications equipment purchase or lease, or  storage space rental; and    (2) the charges for insurance coverage are itemized but not billed  to  the  consumer  separately from the charges for rental vehicles, purchase  or lease of wireless communications equipment, or storage space rental.    * NB Effective Februrary 9, 2011    (j) No limited licensees under this section shall advertise, represent  or otherwise hold itself or any  of  its  employees  themselves  out  as  licensed insurance agents or brokers.    (k)  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.    (l) For purposes of this section "wireless  communications  equipment"  shall  mean  wireless  handsets,  pagers,  personal  digital assistants,  wireless telephones or wireless telephone batteries and  other  wireless  devices  and accessories related to such devices that are used to access  wireless communications services and includes wireless services.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Isc > Article-21 > 2131

§  2131.   * Limited license for rental vehicle companies and wireless  communications equipment vendors.    * NB Effective until February 9, 2011    * Limited   license   for   rental   vehicle    companies,    wireless  communications equipment vendors and self-service storage companies.    * NB Effective February 9, 2011    * (a)  The  superintendent  may  issue  to a rental vehicle company, a  wireless communications equipment vendor, or to a franchisee of a rental  vehicle company or a wireless communications equipment vendor, which has  complied with the  requirements  of  this  section,  a  limited  license  authorizing  the licensee, known as a "limited licensee" for the purpose  of this article, to act  as  agent,  with  reference  to  the  kinds  of  insurance  specified in this section, of any insurer authorized to write  such kinds of insurance in this state.    * NB Effective until February 9, 2011    * (a) The superintendent may issue to  a  rental  vehicle  company,  a  wireless communications equipment vendor, a self-service storage company  or   to   a   franchisee   of  a  rental  vehicle  company,  a  wireless  communications equipment vendor, or a self-service storage company which  has complied with the requirements of this section,  a  limited  license  authorizing  the licensee, known as a "limited licensee" for the purpose  of this article, to act  as  agent,  with  reference  to  the  kinds  of  insurance  specified in this section, of any insurer authorized to write  such kinds of insurance in this state.    * NB Effective February 9, 2011    (b) The prerequisites for issuance of a  limited  license  under  this  section shall be the filing with the superintendent of the following:    (1)  an  application,  signed  by an officer of the applicant, for the  limited license in such form or  forms,  and  supplements  thereto,  and  containing such information, as the superintendent may prescribe; and    (2) an appointment of a limited licensee by the appointing insurer, in  a format approved by the superintendent, no more than fifteen days after  the date the agency contract is executed or the first insurance contract  is  submitted,  whichever is later, stating that it has satisfied itself  that the named applicant is trustworthy and  competent  to  act  as  its  insurance  agent  for  this  limited  purpose  and that the insurer will  appoint such applicant to act as the agent in reference to the doing  of  such  kind or kinds of insurance which are permitted by this section, if  the limited license applied for is issued by  the  superintendent.  Such  appointment  shall be subscribed by an officer or managing agent of such  insurer and affirmed as true under the penalties of perjury.    (c) In the event that any provision of this chapter is  violated,  the  superintendent may:    (1)  revoke  or suspend a limited license issued under this section in  accordance with the provisions of section two thousand one  hundred  ten  of this article; or    (2)  after  notice  and hearing impose such other penalties, including  suspending the transaction of  insurance  at  specific  locations  where  violations  of  this  article have occurred, as the superintendent deems  necessary or convenient to carry out the purposes of this section.    * (d) The rental vehicle company,  wireless  communications  equipment  vendor or franchisee licensed pursuant to subsection (a) of this section  may  act  as agent for an authorized insurer only in connection with the  rental of motor vehicles or the sale or offering for  sale  of  wireless  communications equipment and only with respect to the following kinds of  insurance:    (1) with respect to rental vehicle companies:(A)  excess  liability  insurance that provides coverage to the rental  car company or franchisee and renters and other  authorized  drivers  of  rental  vehicles, in excess of the standard liability limits provided by  the rental vehicle  company  in  its  rental  agreement,  for  liability  arising from the negligent operation of the rental vehicle;    (B)  accident  and  health insurance that provides coverage to renters  and other vehicle occupants, in  excess  to  the  standard  first  party  benefits  provided  pursuant  to  article fifty-one of this chapter, for  accidental death and/or dismemberment and for medical expenses resulting  from an accident that occurs during the rental period;    (C) personal effects insurance that provides coverage to  renters  and  other  vehicle occupants for the loss of, or damage to, personal effects  that occurs during the rental period;    (D) any  other  coverage  which  the  superintendent  may  approve  as  meaningful  and  appropriate  in  connection  with  the  rental of motor  vehicles; or    (2)  with  respect  to  wireless  communications  equipment   vendors,  insurance  issued  to  cover  the  loss,  theft,  mechanical failure, or  malfunction of, or damage to, wireless communications equipment  offered  as  either  an  individual  policy  issued to the consumer or as a group  property and casualty policy under which certificates or other  evidence  of  coverage  are  issued  to  individual  consumers  who  enroll in the  program, provided however, that  said  insurance  shall  not  extend  to  wireless  services or service contracts governed by article seventy-nine  of this chapter.    * NB Effective until February 9, 2011    * (d) The rental vehicle company,  wireless  communications  equipment  vendor, or self-service storage company, or franchisee licensed pursuant  to  subsection  (a)  of  this section may act as agent for an authorized  insurer only in connection with the rental of motor vehicles,  the  sale  or offering for sale of wireless communications equipment, or the rental  of  storage  space, respectively, and only with respect to the following  kinds of insurance:    (1) with respect to rental vehicle companies:    (A) excess liability insurance that provides coverage  to  the  rental  car  company  or  franchisee and renters and other authorized drivers of  rental vehicles, in excess of the standard liability limits provided  by  the  rental  vehicle  company  in  its  rental  agreement, for liability  arising from the negligent operation of the rental vehicle;    (B) accident and health insurance that provides  coverage  to  renters  and  other  vehicle  occupants,  in  excess  to the standard first party  benefits provided pursuant to article fifty-one  of  this  chapter,  for  accidental death and/or dismemberment and for medical expenses resulting  from an accident that occurs during the rental period;    (C)  personal  effects insurance that provides coverage to renters and  other vehicle occupants for the loss of, or damage to, personal  effects  that occurs during the rental period;    (D)  any  other  coverage  which  the  superintendent  may  approve as  meaningful and appropriate  in  connection  with  the  rental  of  motor  vehicles; or    (2)   with  respect  to  wireless  communications  equipment  vendors,  insurance issued to  cover  the  loss,  theft,  mechanical  failure,  or  malfunction  of, or damage to, wireless communications equipment offered  as either an individual policy issued to the  consumer  or  as  a  group  policy under which certificates or other evidence of coverage are issued  to  individual  consumers  who  enroll in the program, provided however,  that said insurance shall not extend to  wireless  services  or  service  contracts governed by article seventy-nine of this chapter; or(3)  with  respect  to  self-service  storage companies, the following  coverages offered as either an individual policy issued to the  consumer  or as a group policy:    (A)  personal  effects  insurance that provides coverage to renters of  storage spaces at the self-service storage company's  facility  for  the  loss  of,  or damage to, personal property stored at the facility, where  the loss or damage occurs at the same facility during the rental period;    (B)  any  other  coverage  that  the  superintendent  may  approve  as  meaningful  and  appropriate  in  connection  with the rental of storage  space.    * NB Effective February 9, 2011    * (e) No insurance may be issued pursuant to this section unless:    (1) with regard to the rental of vehicles only, the rental  period  of  the rental agreement does not exceed thirty consecutive days; and    (2)  at  every  location  where  rental vehicle agreements or wireless  communications equipment agreements are  executed,  brochures  or  other  written  materials  are  readily  available  to the prospective consumer  which:    (A) summarize, clearly and correctly, the material terms of  insurance  coverage,  including  the  identity  of  the insurer and, with regard to  wireless communications equipment insurance, the  agent  licensed  under  subsection  (b)  of  section  two  thousand  one  hundred  three of this  article;    (B) disclose that these policies may provide a duplication of coverage  already provided by a renter's  personal  automobile  insurance  policy,  homeowner's  insurance  policy,  personal liability insurance policy, or  other source of coverage;    (C) state that the purchase by the consumer of the kinds of  insurance  specified  in this section is not required in order to rent a vehicle or  to purchase or lease wireless communications equipment;    (D) describe the process for filing a claim in the event the  consumer  elects to purchase coverage;    (E)  the  price,  deductible,  benefits,  exclusions and conditions or  other limitations of such policies;    (F)  disclose  that  the  employee  of  the  wireless   communications  equipment vendor is not qualified or authorized to evaluate the adequacy  of the purchaser's existing coverages, unless otherwise licensed; and    (G)  state  that the customer may cancel the insurance at any time and  any unearned premium will be refunded in accordance with applicable law.    (3) evidence of coverage is provided to every consumer who  elects  to  purchase such coverage.    * NB Effective until February 9, 2011    * (e) No insurance may be issued pursuant to this section unless:    (1)  with  regard to the rental of vehicles only, the rental period of  the rental agreement does not exceed thirty consecutive days; and    (2) at  every  location  where  rental  vehicle  agreements,  wireless  communications  equipment agreements, or self-service storage agreements  are executed, brochures or other written materials are readily available  to the prospective consumer that:    (A) summarize, clearly and correctly, the material terms of  insurance  coverage,  including  the  identity  of  the insurer and, with regard to  wireless communications equipment insurance, the  agent  licensed  under  subsection  (b)  of  section  two  thousand  one  hundred  three of this  article;    (B) disclose that these policies may provide a duplication of coverage  already provided by a renter's  personal  automobile  insurance  policy,  homeowner's  insurance  policy,  personal liability insurance policy, or  other source of coverage;(C) state that the purchase by the consumer of the kinds of  insurance  specified in this section is not required in order to rent a vehicle, to  purchase  or lease wireless communications equipment, or to rent storage  space;    (D)  describe the process for filing a claim in the event the consumer  elects to purchase coverage;    (E) the price, deductible,  benefits,  exclusions  and  conditions  or  other limitations of such policies;    (F) disclose that the employee of the rental vehicle company, wireless  communications equipment vendor or self-storage company is not qualified  or  authorized  to  evaluate  the  adequacy  of the purchaser's existing  coverages, unless otherwise licensed; and    (G) state that the customer may cancel the insurance at any  time  and  any unearned premium will be refunded in accordance with applicable law.    (3)  evidence  of coverage is provided to every consumer who elects to  purchase such coverage.    * NB Effective February 9, 2011    * (f) Rates and forms for wireless communications equipment  insurance  shall  be subject to article twenty-three of this chapter. Any brochures  used in connection  with  wireless  communications  equipment  insurance  shall  be  filed  with  the  superintendent for review and shall include  disclosure of the claims filing process, premium, deductible amounts and  limits and shall be prominently displayed in the brochure with at  least  twelve-point  type  bold  headings.  Any  such  brochures  shall also be  subject to section three thousand  one  hundred  two  of  this  chapter,  provided,  however,  that  any  policy, certificate or other evidence of  wireless communications equipment insurance  coverage,  whether  or  not  contained  in  such  brochure,  shall  not  be  subject to section three  thousand one hundred two of this chapter, but  shall  be  written  in  a  clear  and coherent manner and whenever practicable shall use words with  common and everyday meaning to facilitate readability  and  to  aid  the  policyholder in understanding the coverage provided.    * NB Effective until February 9, 2011    * (f)  Rates  and  forms  for  insurance  under  this section shall be  subject to article twenty-three of this chapter. Any brochures  used  in  connection  with  insurance  under  this section shall be filed with the  superintendent for review and shall include  disclosure  of  the  claims  filing  process,  premium,  deductible  amounts  and limits and shall be  prominently displayed in the brochure with at  least  twelve-point  type  bold headings. Any such brochures shall also be subject to section three  thousand  one  hundred  two of this chapter, provided, however, that any  policy, certificate or other evidence of insurance coverage, whether  or  not  contained  in  such brochure, shall not be subject to section three  thousand one hundred two of this chapter, but  shall  be  written  in  a  clear  and coherent manner and whenever practicable shall use words with  common and everyday meaning to facilitate readability  and  to  aid  the  policyholder in understanding the coverage provided.    * NB Effective February 9, 2011    (g) Any limited license issued under this section shall also authorize  any  salaried  employee  or  any  sales representative authorized by the  licensee who, pursuant to subsection (h) of this section, is trained  to  act  individually  on behalf, and under the supervision, of the licensee  with respect to the kinds of insurance specified in this section.    * (h) Each company or franchisee licensed  pursuant  to  this  section  shall  conduct  a  training  program,  which  shall  be submitted to the  superintendent for approval prior to  use,  and  which  shall  meet  the  following minimum standards:(1)  each  trainee  shall receive basic instruction about the kinds of  insurance specified in this section offered for purchase by  prospective  renters  of  rental  vehicles  or  purchasers  or  lessors  of  wireless  communications equipment;    (2)  each  trainee shall be instructed with respect to the disclosures  required under subsection (e) of this section and to  acknowledge  to  a  prospective  renter  of  a  rental  vehicle  or  purchaser  or lessor of  wireless communications equipment that purchase of  any  such  insurance  specified  in  this section is not required in order for the consumer to  rent a motor  vehicle  or  purchase  or  lease  wireless  communications  equipment;    (3)  each  trainee shall be instructed to acknowledge to a prospective  consumer of the kinds of insurance specified in this  section  that  the  consumer  may  have insurance policies that already provide the coverage  being  offered  by  the  rental  vehicle   company   or   the   wireless  communications equipment vendor pursuant to this section; and    (4)  with  regard to wireless communications equipment insurance only,  training materials may be developed and provided by  an  agent  licensed  pursuant  to subsection (b) of section two thousand one hundred three of  this article.    * NB Effective until February 9, 2011    * (h) Each company or franchisee licensed  pursuant  to  this  section  shall  conduct  a  training  program,  which  shall  be submitted to the  superintendent for approval prior to  use,  and  which  shall  meet  the  following minimum standards:    (1)  each  trainee  shall receive basic instruction about the kinds of  insurance specified in this section offered for purchase by  prospective  renters   of   rental   vehicles,  purchasers  or  lessors  of  wireless  communications equipment, or renters of storage space;    (2) each trainee shall be instructed with respect to  the  disclosures  required  under  subsection  (e) of this section and to acknowledge to a  prospective renter of a rental vehicle, purchaser or lessor of  wireless  communications  equipment,  or  renter of storage space that purchase of  any such insurance specified in this section is not  required  in  order  for  the  consumer  to  rent a motor vehicle, purchase or lease wireless  communications equipment, or rent storage space;    (3) each trainee shall be instructed to acknowledge to  a  prospective  consumer  of  the  kinds of insurance specified in this section that the  consumer may have insurance policies that already provide  the  coverage  being offered by the rental vehicle company, the wireless communications  equipment  vendor,  or  self-service  storage  company  pursuant to this  section; and    (4) with regard to wireless  communications  equipment  insurance  and  self-service  storage  company  insurance,  training  materials  may  be  developed and provided by an agent licensed pursuant to  subsection  (b)  of section two thousand one hundred three of this article.    * NB Effective February 9, 2011    * (i)  Limited licensees acting pursuant to and under the authority of  this section  shall  comply  with  all  applicable  provisions  of  this  article,  except  that  notwithstanding section two thousand one hundred  twenty of this article, a limited  licensee  pursuant  to  this  section  shall  not  be  required  to  treat  premiums  collected  from consumers  purchasing such insurance when renting motor vehicles or  purchasing  or  leasing  wireless  communications  equipment  as  funds  received  in  a  fiduciary capacity, provided that:    (1) the insurer represented by the limited licensee has  consented  in  writing,  signed  by  the  insurer's  officer, that premiums need not be  segregated from funds received by the rental vehicle company or wirelesscommunications equipment vendor on account of vehicle rental or wireless  communications equipment purchase or lease; and    (2)  the charges for insurance coverage are itemized but not billed to  the consumer separately from the charges for rental vehicles or purchase  or lease of wireless communications equipment.    * NB Effective until February 9, 2011    * (i) Limited licensees acting pursuant to and under the authority  of  this  section  shall  comply  with  all  applicable  provisions  of this  article, except that notwithstanding section two  thousand  one  hundred  twenty  of  this  article,  a  limited licensee pursuant to this section  shall not  be  required  to  treat  premiums  collected  from  consumers  purchasing  such  insurance  when  renting motor vehicles, purchasing or  leasing wireless communications equipment, or renting storage  space  as  funds received in a fiduciary capacity, provided that:    (1)  the  insurer represented by the limited licensee has consented in  writing, signed by the insurer's officer,  that  premiums  need  not  be  segregated  from  funds received by the rental vehicle company, wireless  communications equipment vendor, or self-storage company on  account  of  vehicle  rental, wireless communications equipment purchase or lease, or  storage space rental; and    (2) the charges for insurance coverage are itemized but not billed  to  the  consumer  separately from the charges for rental vehicles, purchase  or lease of wireless communications equipment, or storage space rental.    * NB Effective Februrary 9, 2011    (j) No limited licensees under this section shall advertise, represent  or otherwise hold itself or any  of  its  employees  themselves  out  as  licensed insurance agents or brokers.    (k)  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.    (l) For purposes of this section "wireless  communications  equipment"  shall  mean  wireless  handsets,  pagers,  personal  digital assistants,  wireless telephones or wireless telephone batteries and  other  wireless  devices  and accessories related to such devices that are used to access  wireless communications services and includes wireless services.