SECTIONS 1621-1624

1621.  An insurance agent is a person who transacts insurance, otherthan life, disability, or health insurance, on behalf of an admittedinsurance company. The term "insurance agent" as used in thischapter does not include a life agent as defined in this article.1622.  (a) A life licensee is a person authorized to act on behalfof a life insurer or a disability insurer to transact any of thefollowing: (1) Life insurance. (2) Accident and health insurance. (3) Life and accident and health insurance. (b) Licenses to act as a life agent under this chapter shall be ofthe types set forth in Section 1626.1623.  (a) An insurance broker is a person who, for compensation andon behalf of another person, transacts insurance other than life,disability, or health insurance with, but not on behalf of, anadmitted insurer. It shall be presumed that the person is acting asan insurance broker if the person is licensed to act as an insurancebroker, maintains the bond required by this chapter, and discloses,in a written agreement signed by the consumer, all of the following: (1) That the person is transacting insurance on behalf of theconsumer. (2) A description of the basic services the person will perform asa broker. (3) The amount of all broker fees being charged by the person. (4) If applicable, the fact that the person may be entitled toreceive compensation from the insurer, directly or indirectly, forthe consumer's purchase of insurance as a consequence of thetransaction. (b) If a transaction involves both a retail broker and a wholesaleintermediary broker, the wholesale intermediary broker shall bedeemed to have satisfied its disclosure obligations under thissection if it provides written disclosure to the retail broker of thecriteria set forth in paragraphs (2), (3), and (4) of subdivision(a). (c) The presumption of broker status is rebutted as to anytransaction in the admitted market in which any of the following ispresent: (1) The licensee is appointed, pursuant to Section 1704, as anagent of the insurer for the particular class or type of insurancebeing transacted. (2) The licensee has a written agreement with an insurercontaining express terms that authorize the licensee to obligate theinsurer without first obtaining notification from the insurer thatthe insurer has accepted, conditionally or unconditionally, thesubmitted risk. (3) The licensee is authorized, pursuant to a written agreementwith an insurer, to appoint other licensees as agents of the insurer,pursuant to Section 1704. (4) The licensee is authorized, pursuant to a written agreementwith an insurer, to pay claims on behalf of the insurer. (d) In all other cases, the presumption of broker status isrebutted based on the totality of the circumstances indicating thatthe broker-agent is acting on behalf of the insurer. (e) For purposes of this section, "totality of the circumstances"means evidence indicating whether a broker-agent was acting on behalfof the insurer or was acting on behalf of a third person. Indetermining the totality of circumstances, all relevant facts andcircumstances shall be reviewed and the review is not limited to anyparticular fact or factors and this section does not require that anyparticular circumstance receive greater or lesser weight.1624.  An insurance solicitor is a natural person employed to aid aninsurance agent or insurance broker in transacting insurance otherthan life.