§431:9A-142  Requirements for license and renewal.  (a)  Applicantsseeking licensure under this part shall comply with applicable licensingrequirements under chapter 431.

(b)  The commissioner may issue a limited linesmotor vehicle rental company producer license to a motor vehicle rentalcompany; provided that:

(1)  A motor vehicle rental company having a limitedlines motor vehicle rental company producer's license shall also authorizeemployees of the motor vehicle rental company to act individually on behalf of,and under the supervision of, the motor vehicle rental company in solicitationand sale of insurance coverages;

(2)  Except as set forth in this section, a limitedlines motor vehicle rental company producer and its employees shall not advertiseor otherwise represent themselves as licensed insurers, insurance agents,insurance producers, or insurance brokers;

(3)  A limited lines motor vehicle rental companyproducer may solicit or sell insurance at the rental office or by preselectingcoverages in master, corporate, group rental, or individual agreements in anyof the following general categories:

(A)  Personal accident insurance covering therisks of travel to the motor vehicle renter and other occupants of the rentalvehicle for accident and health or sickness insurance covering accidental deathor dismemberment and reimbursement for medical expenses resulting from anoccurrence during the rental period;

(B)  Liability insurance, uninsured motoristinsurance, or underinsured motorist insurance covering the motor vehicle renterand other authorized drivers of the rental vehicle for liability and damagearising from the operation of the rental vehicle;

(C)  Personal effects insurance covering themotor vehicle renter and other vehicle occupants for the loss of or damage topersonal effects that occur during the rental period;

(D)  Roadside assistance and emergency sicknessprotection programs; and

(E)  Incidental travel or vehicle relatedcoverages, which the motor vehicle rental company solicits or sells inconnection with the rental of its vehicles;

(4)  The limited lines motor vehicle rental companyproducer shall have brochures or other written materials readily available forreview and dissemination to prospective motor vehicle renters that:

(A)  Summarize clearly and correctly thematerial terms of coverages solicited or sold by the motor vehicle rentalcompany producer, including the identity of the insurer;

(B)  Disclose that the coverages solicited bythe motor vehicle rental company producer may provide a duplication ofcoverages already provided by a renter's personal motor vehicle insurancepolicy or other sources of coverage;

(C)  State that purchases by the motor vehiclerenter of the kinds of coverages offered by the motor vehicle rental companyproducer is not required to rent a vehicle; and

(D)  Describe the process for filing a claim ifthe renter elects to purchase coverages;

(5)  The motor vehicle rental company producer shalldisclose in the motor vehicle rental agreement evidence of insurance coverageselected or declined by the motor vehicle renter;

(6)  The motor vehicle rental company producer shallconduct training programs for its employees who solicit and sell the rentalcompany producer's insurance coverages;

(7)  The motor vehicle rental company producer shallnot be required to hold funds collected as payments for insurance in a separatetrust account; and

(8)  The motor vehicle rental company producer shallcomply with all provisions of chapter 437D.

(c)  The commissioner may prescribe, approve, or furnishforms calling for any information that the commissioner deems proper inconnection with the application for or extension of these limited licenses.

(d)  The limited license shall not be issueduntil all applicable licensing fees required by article 7 have been paid. [L 2002, c 235, ptof §1; am L 2003, c 212, §69; am L 2006, c 154, §32]