40-4904.Same; license; exemptions.(a) No provision of this act shall beconstrued to require an insurer toobtain an insurance agent license. For the purposes of this section, theterm"insurer" shall not include any officer, director, employee, subsidiary oraffiliate ofan insurer.
(b) The provisions of this act shall not apply to:
(1) Any officer, director or employee of an insurer or an insurance agentwho does not receive any commission on any policy written or sold to insure anyrisk residing, located or to be performed in this state and:
(A) Such officer's, director's or employee's activities are executive,administrative, managerial, clerical, or any combination thereof, and notdirectlyrelated to the sale, solicitation or negotiation of insurance;
(B) such officer's, director's or employee's assigned duty relates tounderwriting, loss control, inspection or the processing, adjusting,investigating orsettling of any claim on a contract of insurance; or
(C) such officer, director or employee:
(i) Acts as a special agent or agency supervisor assisting insuranceagents;
(ii) limits such person's activities to providing technical advice andassistanceto licensed insurance agents; and
(iii) does not sell, solicit or negotiate insurance.
(2) Any person who performs one or more of the services listed below but whoreceives no commission for the performance of such service:
(A) Secures and furnishes information for the purpose of group lifeinsurance, group property and casualty insurance, group annuities, group orblanket accident and health insurance;
(B) secures and furnishes information for the purpose of enrollingindividuals under such insurance plan; issuing certificates under suchinsuranceplan or otherwise assisting in administering such insurance plan; or
(C) performs administrative services related to mass marketed property andcasualty insurance where no commission is paid to such person for such service.
(3) Any employer or business entity, any officer, director, employee of suchbusiness entity, or the trustee of an employee trust plan, engaged in theadministration or operation of a program of employee benefits for the employeesofsuch employer or business entity, which involves the use of insurance issued byaninsurer, so long as any person involved with such program of employee benefitsis not compensated in any manner, directly or indirectly, by the companyissuing theinsurance contract.
(4) Any employee of an insurer, or any organization employed by an insurer,who does not participate individually in the sale, solicitation or negotiationofinsurance that:
(A) Engages in the inspection, rating or classification of risks; or
(B) engages in the supervision of the training of insurance agents.
(5) Any person who does not sell, solicit or negotiate insurance that wouldinsureany risk residing, located or to be performed in this state and who limits suchperson's activities in this state to advertising through any communication inanyprinted publication or any form of electronic mass media.
(6) Any person who is not a resident of this state who sells, solicits ornegotiates acontract of insurance for commercial property and casualty risks to an insuredhaving risks insured under that contract located in more than one state,whenever:
(A) Such person is licensed as an insurance agent to sell, solicit ornegotiate such insurance in the state where the insured maintains suchinsured'sprincipal place of business; and
(B) the contract of insurance insures risks located in that state.
(7) Any salaried full-time employee who:
(A) Advises such employee's employer regarding the insurance interests ofsuch employer or such employer's subsidiaries or business affiliates; and
(B) does not sell or solicit insurance or receive a commission from the saleor solicitation of such insurance.
(8) Any person who arranges for the inclusion of insurance in a credittransaction under the applicable provisions of the uniform consumer creditcode,K.S.A. 16a-1-101 et seq. and amendments thereto.
(9) Any bank or officer or employee thereof who collects and remits apremiumby charging such premium against the account of a depositor on the order ofsuchdepositor.
(10) Any agent selling credit life, health and accident insurance issuedexclusively in connection with a commercial loan.
(11) Any person who arranges for the inclusion of insurance in consumercredittransactions as defined in the uniform consumer credit code, K.S.A. 16a-1-101et seq. and amendments thereto.
(12) Any person who arranges for the inclusion of insurance in any realestatemortgage transaction.
(13) Any full-time student who is enrolled in an accredited high school inthisstate while such student participates in an insurance project sponsored by abonafide junior achievement program.
40-4904.Same; license; exemptions.(a) No provision of this act shall beconstrued to require an insurer toobtain an insurance agent license. For the purposes of this section, theterm"insurer" shall not include any officer, director, employee, subsidiary oraffiliate ofan insurer.
(b) The provisions of this act shall not apply to:
(1) Any officer, director or employee of an insurer or an insurance agentwho does not receive any commission on any policy written or sold to insure anyrisk residing, located or to be performed in this state and:
(A) Such officer's, director's or employee's activities are executive,administrative, managerial, clerical, or any combination thereof, and notdirectlyrelated to the sale, solicitation or negotiation of insurance;
(B) such officer's, director's or employee's assigned duty relates tounderwriting, loss control, inspection or the processing, adjusting,investigating orsettling of any claim on a contract of insurance; or
(C) such officer, director or employee:
(i) Acts as a special agent or agency supervisor assisting insuranceagents;
(ii) limits such person's activities to providing technical advice andassistanceto licensed insurance agents; and
(iii) does not sell, solicit or negotiate insurance.
(2) Any person who performs one or more of the services listed below but whoreceives no commission for the performance of such service:
(A) Secures and furnishes information for the purpose of group lifeinsurance, group property and casualty insurance, group annuities, group orblanket accident and health insurance;
(B) secures and furnishes information for the purpose of enrollingindividuals under such insurance plan; issuing certificates under suchinsuranceplan or otherwise assisting in administering such insurance plan; or
(C) performs administrative services related to mass marketed property andcasualty insurance where no commission is paid to such person for such service.
(3) Any employer or business entity, any officer, director, employee of suchbusiness entity, or the trustee of an employee trust plan, engaged in theadministration or operation of a program of employee benefits for the employeesofsuch employer or business entity, which involves the use of insurance issued byaninsurer, so long as any person involved with such program of employee benefitsis not compensated in any manner, directly or indirectly, by the companyissuing theinsurance contract.
(4) Any employee of an insurer, or any organization employed by an insurer,who does not participate individually in the sale, solicitation or negotiationofinsurance that:
(A) Engages in the inspection, rating or classification of risks; or
(B) engages in the supervision of the training of insurance agents.
(5) Any person who does not sell, solicit or negotiate insurance that wouldinsureany risk residing, located or to be performed in this state and who limits suchperson's activities in this state to advertising through any communication inanyprinted publication or any form of electronic mass media.
(6) Any person who is not a resident of this state who sells, solicits ornegotiates acontract of insurance for commercial property and casualty risks to an insuredhaving risks insured under that contract located in more than one state,whenever:
(A) Such person is licensed as an insurance agent to sell, solicit ornegotiate such insurance in the state where the insured maintains suchinsured'sprincipal place of business; and
(B) the contract of insurance insures risks located in that state.
(7) Any salaried full-time employee who:
(A) Advises such employee's employer regarding the insurance interests ofsuch employer or such employer's subsidiaries or business affiliates; and
(B) does not sell or solicit insurance or receive a commission from the saleor solicitation of such insurance.
(8) Any person who arranges for the inclusion of insurance in a credittransaction under the applicable provisions of the uniform consumer creditcode,K.S.A. 16a-1-101 et seq. and amendments thereto.
(9) Any bank or officer or employee thereof who collects and remits apremiumby charging such premium against the account of a depositor on the order ofsuchdepositor.
(10) Any agent selling credit life, health and accident insurance issuedexclusively in connection with a commercial loan.
(11) Any person who arranges for the inclusion of insurance in consumercredittransactions as defined in the uniform consumer credit code, K.S.A. 16a-1-101et seq. and amendments thereto.
(12) Any person who arranges for the inclusion of insurance in any realestatemortgage transaction.
(13) Any full-time student who is enrolled in an accredited high school inthisstate while such student participates in an insurance project sponsored by abonafide junior achievement program.
40-4904.Same; license; exemptions.(a) No provision of this act shall beconstrued to require an insurer toobtain an insurance agent license. For the purposes of this section, theterm"insurer" shall not include any officer, director, employee, subsidiary oraffiliate ofan insurer.
(b) The provisions of this act shall not apply to:
(1) Any officer, director or employee of an insurer or an insurance agentwho does not receive any commission on any policy written or sold to insure anyrisk residing, located or to be performed in this state and:
(A) Such officer's, director's or employee's activities are executive,administrative, managerial, clerical, or any combination thereof, and notdirectlyrelated to the sale, solicitation or negotiation of insurance;
(B) such officer's, director's or employee's assigned duty relates tounderwriting, loss control, inspection or the processing, adjusting,investigating orsettling of any claim on a contract of insurance; or
(C) such officer, director or employee:
(i) Acts as a special agent or agency supervisor assisting insuranceagents;
(ii) limits such person's activities to providing technical advice andassistanceto licensed insurance agents; and
(iii) does not sell, solicit or negotiate insurance.
(2) Any person who performs one or more of the services listed below but whoreceives no commission for the performance of such service:
(A) Secures and furnishes information for the purpose of group lifeinsurance, group property and casualty insurance, group annuities, group orblanket accident and health insurance;
(B) secures and furnishes information for the purpose of enrollingindividuals under such insurance plan; issuing certificates under suchinsuranceplan or otherwise assisting in administering such insurance plan; or
(C) performs administrative services related to mass marketed property andcasualty insurance where no commission is paid to such person for such service.
(3) Any employer or business entity, any officer, director, employee of suchbusiness entity, or the trustee of an employee trust plan, engaged in theadministration or operation of a program of employee benefits for the employeesofsuch employer or business entity, which involves the use of insurance issued byaninsurer, so long as any person involved with such program of employee benefitsis not compensated in any manner, directly or indirectly, by the companyissuing theinsurance contract.
(4) Any employee of an insurer, or any organization employed by an insurer,who does not participate individually in the sale, solicitation or negotiationofinsurance that:
(A) Engages in the inspection, rating or classification of risks; or
(B) engages in the supervision of the training of insurance agents.
(5) Any person who does not sell, solicit or negotiate insurance that wouldinsureany risk residing, located or to be performed in this state and who limits suchperson's activities in this state to advertising through any communication inanyprinted publication or any form of electronic mass media.
(6) Any person who is not a resident of this state who sells, solicits ornegotiates acontract of insurance for commercial property and casualty risks to an insuredhaving risks insured under that contract located in more than one state,whenever:
(A) Such person is licensed as an insurance agent to sell, solicit ornegotiate such insurance in the state where the insured maintains suchinsured'sprincipal place of business; and
(B) the contract of insurance insures risks located in that state.
(7) Any salaried full-time employee who:
(A) Advises such employee's employer regarding the insurance interests ofsuch employer or such employer's subsidiaries or business affiliates; and
(B) does not sell or solicit insurance or receive a commission from the saleor solicitation of such insurance.
(8) Any person who arranges for the inclusion of insurance in a credittransaction under the applicable provisions of the uniform consumer creditcode,K.S.A. 16a-1-101 et seq. and amendments thereto.
(9) Any bank or officer or employee thereof who collects and remits apremiumby charging such premium against the account of a depositor on the order ofsuchdepositor.
(10) Any agent selling credit life, health and accident insurance issuedexclusively in connection with a commercial loan.
(11) Any person who arranges for the inclusion of insurance in consumercredittransactions as defined in the uniform consumer credit code, K.S.A. 16a-1-101et seq. and amendments thereto.
(12) Any person who arranges for the inclusion of insurance in any realestatemortgage transaction.
(13) Any full-time student who is enrolled in an accredited high school inthisstate while such student participates in an insurance project sponsored by abonafide junior achievement program.
