§431:9A-114 - Appointments.
§431:9A-114 Appointments. (a) An
insurance producer shall not act as an agent of an insurer unless the insurance
producer becomes an appointed agent of that insurer or is contracted with and
appointed by an insurance producer so appointed.
(b) To appoint a producer as its agent, the
appointing insurer or producer shall file, in a format approved by the
commissioner, a notice of appointment within fifteen days from the date the
agency or business entity contract is executed or the first insurance application
is submitted to the insurer or producer. If the appointment form is not
received by the commissioner within the fifteen-day period, the appointment
shall become effective on the date on which the commissioner receives the
appointment form. A producer shall disclose to a client if the conditions of
subsection (a) have not been met. An insurer or producer may also elect to
appoint a producer to all or some insurers within the insurer's or producer's
holding company system or group by filing with the commissioner a single
appointment notice.
(c) Upon receipt of the notice of appointment
and within a reasonable time not to exceed thirty days, the commissioner shall
verify that the insurance producer is eligible for appointment. If the
insurance producer is determined to be ineligible for appointment, the
commissioner shall notify the appointing insurer or producer within five days
of its determination.
(d) An appointing insurer or producer shall
pay an appointment fee, in the amount and method of payment set forth in
article 7, for each insurance producer appointed by the appointing insurer or
producer.
(e) An appointing insurer or producer shall
remit, in a manner prescribed by the commissioner, a renewal appointment fee in
the amount set forth in article 7. [L 2001, c 216, pt of §2; am L 2002, c 155,
§32]