§431:9A-104  Exceptions to licensing. (a)  Nothing in this article shall be construed to require an insurer to obtainan insurance producer license.  In this section, the term "insurer"does not include an insurer's officers, directors, employees, subsidiaries, oraffiliates.

(b)  A license as an insurance producer shallnot be required of the following:

(1)  An officer, director, or employee of an insureror of an insurance producer; provided that the officer, director, or employeedoes not receive any commission or remuneration on policies written or sold toinsure risks residing, located, or to be performed in this State and:

(A)  The officer, director, or employee'sactivities are executive, administrative, managerial, clerical, or acombination of these and are only indirectly related to the sale, solicitation,or negotiation of insurance;

(B)  The officer, director, or employee'sfunctions relate to underwriting, loss control, inspection, or the processing,adjusting, investigating, or settling of a claim on a contract of insurance; or

(C)  The officer, director, or employee isacting in the capacity of a special agent or agency supervisor, assistinginsurance producers where the person's activities are limited to providingtechnical advice and assistance to licensed insurance producers and do notinclude the sale, solicitation, or negotiation of insurance;

(2)  A person who secures and furnishes informationregarding group life insurance, group property and casualty insurance, groupannuities, group or blanket accident and health or sickness insurance, for thepurpose of enrolling individuals or issuing certificates under such plans, orotherwise assisting in administering the plans, or who performs administrativeservices related to mass marketed property and casualty insurance, where nocommission is paid to the person for the service;

(3)  An employer or association or its officers,directors, employees, or the trustee of any employee trust plan, to the extentthat the employer, association, officers, employees, directors, or trustees areengaged in the administration or operation of a program of employee benefitsfor the employer's or association's own employees or the employees of itssubsidiaries or affiliates, which program involves the use of insurance issuedby an insurer, so long as the employers, associations, officers, directors,employees, or trustees are not in any manner compensated, directly orindirectly, by the company issuing the contracts;

(4)  Employees of insurers or organizations employedby insurers who are engaging in the inspection, rating, or classification ofrisks, or in the supervision or the training of insurance producers, and whoare not individually engaged in the sale, solicitation, or negotiation ofinsurance;

(5)  A person whose activities in this State arelimited to advertising without the intent to solicit insurance in this Statethrough communications in printed publications or other forms of electronicmass media, whose distribution is not limited to residents of this State;provided that the person does not sell, solicit, or negotiate insurance thatwould insure risks residing, located, or to be performed in this State;

(6)  A person who is not a resident of this State whosells, solicits, or negotiates a contract of insurance for commercial propertyand casualty risks to an insured with risks located in more than one stateinsured under that contract; provided that the person is otherwise licensed asan insurance producer to sell, solicit, or negotiate that insurance in thestate where the insured maintains its principal place of business and thecontract of insurance insures risks located in that state; or

(7)  A salaried, full-time employee who counsels oradvises the person's employer relative to the insurance interests of theemployer or of the subsidiaries or business affiliates of the employer;provided that the employee does not sell or solicit insurance or receivecommissions. [L 2001, c 216, pt of §2; am L 2002, c 155, §28; am L 2003, c 212,§57]