1621. An insurance agent is a person who transacts insurance, other
than life, disability, or health insurance, on behalf of an admitted
insurance company. The term "insurance agent" as used in this
chapter does not include a life agent as defined in this article.
1622. (a) A life licensee is a person authorized to act on behalf
of a life insurer or a disability insurer to transact any of the
following:
(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 of
the types set forth in Section 1626.
1623. (a) An insurance broker is a person who, for compensation and
on behalf of another person, transacts insurance other than life,
disability, or health insurance with, but not on behalf of, an
admitted insurer. It shall be presumed that the person is acting as
an insurance broker if the person is licensed to act as an insurance
broker, 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 the
consumer.
(2) A description of the basic services the person will perform as
a broker.
(3) The amount of all broker fees being charged by the person.
(4) If applicable, the fact that the person may be entitled to
receive compensation from the insurer, directly or indirectly, for
the consumer's purchase of insurance as a consequence of the
transaction.
(b) If a transaction involves both a retail broker and a wholesale
intermediary broker, the wholesale intermediary broker shall be
deemed to have satisfied its disclosure obligations under this
section if it provides written disclosure to the retail broker of the
criteria set forth in paragraphs (2), (3), and (4) of subdivision
(a).
(c) The presumption of broker status is rebutted as to any
transaction in the admitted market in which any of the following is
present:
(1) The licensee is appointed, pursuant to Section 1704, as an
agent of the insurer for the particular class or type of insurance
being transacted.
(2) The licensee has a written agreement with an insurer
containing express terms that authorize the licensee to obligate the
insurer without first obtaining notification from the insurer that
the insurer has accepted, conditionally or unconditionally, the
submitted risk.
(3) The licensee is authorized, pursuant to a written agreement
with an insurer, to appoint other licensees as agents of the insurer,
pursuant to Section 1704.
(4) The licensee is authorized, pursuant to a written agreement
with an insurer, to pay claims on behalf of the insurer.
(d) In all other cases, the presumption of broker status is
rebutted based on the totality of the circumstances indicating that
the 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 behalf
of the insurer or was acting on behalf of a third person. In
determining the totality of circumstances, all relevant facts and
circumstances shall be reviewed and the review is not limited to any
particular fact or factors and this section does not require that any
particular circumstance receive greater or lesser weight.
1624. An insurance solicitor is a natural person employed to aid an
insurance agent or insurance broker in transacting insurance other
than life.
1621. An insurance agent is a person who transacts insurance, other
than life, disability, or health insurance, on behalf of an admitted
insurance company. The term "insurance agent" as used in this
chapter does not include a life agent as defined in this article.
1622. (a) A life licensee is a person authorized to act on behalf
of a life insurer or a disability insurer to transact any of the
following:
(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 of
the types set forth in Section 1626.
1623. (a) An insurance broker is a person who, for compensation and
on behalf of another person, transacts insurance other than life,
disability, or health insurance with, but not on behalf of, an
admitted insurer. It shall be presumed that the person is acting as
an insurance broker if the person is licensed to act as an insurance
broker, 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 the
consumer.
(2) A description of the basic services the person will perform as
a broker.
(3) The amount of all broker fees being charged by the person.
(4) If applicable, the fact that the person may be entitled to
receive compensation from the insurer, directly or indirectly, for
the consumer's purchase of insurance as a consequence of the
transaction.
(b) If a transaction involves both a retail broker and a wholesale
intermediary broker, the wholesale intermediary broker shall be
deemed to have satisfied its disclosure obligations under this
section if it provides written disclosure to the retail broker of the
criteria set forth in paragraphs (2), (3), and (4) of subdivision
(a).
(c) The presumption of broker status is rebutted as to any
transaction in the admitted market in which any of the following is
present:
(1) The licensee is appointed, pursuant to Section 1704, as an
agent of the insurer for the particular class or type of insurance
being transacted.
(2) The licensee has a written agreement with an insurer
containing express terms that authorize the licensee to obligate the
insurer without first obtaining notification from the insurer that
the insurer has accepted, conditionally or unconditionally, the
submitted risk.
(3) The licensee is authorized, pursuant to a written agreement
with an insurer, to appoint other licensees as agents of the insurer,
pursuant to Section 1704.
(4) The licensee is authorized, pursuant to a written agreement
with an insurer, to pay claims on behalf of the insurer.
(d) In all other cases, the presumption of broker status is
rebutted based on the totality of the circumstances indicating that
the 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 behalf
of the insurer or was acting on behalf of a third person. In
determining the totality of circumstances, all relevant facts and
circumstances shall be reviewed and the review is not limited to any
particular fact or factors and this section does not require that any
particular circumstance receive greater or lesser weight.
1624. An insurance solicitor is a natural person employed to aid an
insurance agent or insurance broker in transacting insurance other
than life.
1621. An insurance agent is a person who transacts insurance, other
than life, disability, or health insurance, on behalf of an admitted
insurance company. The term "insurance agent" as used in this
chapter does not include a life agent as defined in this article.
1622. (a) A life licensee is a person authorized to act on behalf
of a life insurer or a disability insurer to transact any of the
following:
(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 of
the types set forth in Section 1626.
1623. (a) An insurance broker is a person who, for compensation and
on behalf of another person, transacts insurance other than life,
disability, or health insurance with, but not on behalf of, an
admitted insurer. It shall be presumed that the person is acting as
an insurance broker if the person is licensed to act as an insurance
broker, 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 the
consumer.
(2) A description of the basic services the person will perform as
a broker.
(3) The amount of all broker fees being charged by the person.
(4) If applicable, the fact that the person may be entitled to
receive compensation from the insurer, directly or indirectly, for
the consumer's purchase of insurance as a consequence of the
transaction.
(b) If a transaction involves both a retail broker and a wholesale
intermediary broker, the wholesale intermediary broker shall be
deemed to have satisfied its disclosure obligations under this
section if it provides written disclosure to the retail broker of the
criteria set forth in paragraphs (2), (3), and (4) of subdivision
(a).
(c) The presumption of broker status is rebutted as to any
transaction in the admitted market in which any of the following is
present:
(1) The licensee is appointed, pursuant to Section 1704, as an
agent of the insurer for the particular class or type of insurance
being transacted.
(2) The licensee has a written agreement with an insurer
containing express terms that authorize the licensee to obligate the
insurer without first obtaining notification from the insurer that
the insurer has accepted, conditionally or unconditionally, the
submitted risk.
(3) The licensee is authorized, pursuant to a written agreement
with an insurer, to appoint other licensees as agents of the insurer,
pursuant to Section 1704.
(4) The licensee is authorized, pursuant to a written agreement
with an insurer, to pay claims on behalf of the insurer.
(d) In all other cases, the presumption of broker status is
rebutted based on the totality of the circumstances indicating that
the 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 behalf
of the insurer or was acting on behalf of a third person. In
determining the totality of circumstances, all relevant facts and
circumstances shall be reviewed and the review is not limited to any
particular fact or factors and this section does not require that any
particular circumstance receive greater or lesser weight.
1624. An insurance solicitor is a natural person employed to aid an
insurance agent or insurance broker in transacting insurance other
than life.
