20-283. Exceptions to insurance producer
licensing
A. An insurer is not required to obtain an insurance producer license. In this
section, insurer does not include an insurer's officers, directors, employees,
subsidiaries or affiliates.
B. The following persons are not required to obtain a license as an insurance
producer:
1. An officer, director or employee of an insurer or of an insurance producer, if
the officer, director or employee does not receive any commission on policies written or
sold to insurer risks residing, located or to be performed in this state and either:
(a) The activities of the officer, director or employee are executive,
administrative, managerial, clerical or a combination of these and are only indirectly
related to the sale, solicitation or negotiation of insurance.
(b) The functions of the officer, director or employee relate to underwriting, loss
control, inspection or the processing, adjusting, investigating or settling of a claim on
a contract of insurance.
(c) The officer, director or employee either:
(i) Acts as a special agent or agency supervisor assisting insurance producers and
engages in activities that are limited to providing technical advice and assistance to
licensed insurance producers and that do not include the sale, solicitation or
negotiation of insurance.
(ii) Responds to requests from existing policyholders to transact matters after
effectuation of the policy and arising out of the policy and does not engage in
negotiation or solicitation, other than to confer with the policyholders regarding the
policyholders' requests.
2. A person who does not receive any commission, but who secures and provides
information for the purpose of either:
(a) Group life insurance, group annuities, group or blanket accident and health or
sickness insurance.
(b) Enrolling individuals under plans, issuing certificates under plans or
otherwise assisting in administering plans or performing administrative services related
to mass-marketed property and casualty insurance.
3. An employer or association or its officers, directors or employees or the
trustees of an employee trust plan, to the extent that the employer or association or
officers, directors, employees or trustees are engaged in the administration or operation
of a program of employee benefits for the employer's or association's own employees or
the employees of its subsidiaries or affiliates and the program involves the use of
insurance issued by an insurer, if the employer or association or officers, directors,
employees or trustees are not directly or indirectly compensated in any manner by the
company that issues the contracts.
4. Employees of insurers or organizations employed by insurers who engage in the
inspection, rating or classification of risks or the supervision of the training of
insurance producers and who are not individually engaged in the sale, solicitation or
negotiation of insurance.
5. A person whose activities in this state are limited to advertising without the
intent to solicit insurance in this state through communications in printed publications
or other forms of electronic mass media whose distribution is not limited to residents of
the state, if the person does not sell, solicit or negotiate insurance that would insure
risks residing, located or to be performed in this state.
6. A person who is not a resident of this state and who sells, solicits or
negotiates a contract of insurance for commercial property and casualty risks to an
insured with risks that are located in more than one state insured under that contract,
if that person is otherwise licensed as an insurance producer to sell, solicit or
negotiate that insurance in the state where the insured maintains its principal place of
business and the contract of insurance insures risks located in that state.
7. A salaried full-time employee who counsels or advises the employee's employer
regarding the insurance interests of the employer or its subsidiaries or business
affiliates, if the employee does not sell or solicit insurance or receive a commission.
|