375.014. 1. No person shall sell, solicit or negotiate insurance inthis state for any class or classes of insurance unless he or she islicensed for that line of authority as provided in this chapter.
2. Nothing in this chapter shall be construed to require an insurerto obtain an insurance producer license. In this section, the term"insurer" shall not include the officers, directors, employees,subsidiaries or affiliates of the insurer.
3. A license as an insurance producer shall not be required of thefollowing:
(1) An officer, director or employee of an insurer or of an insuranceproducer, provided that the officer, director or employee does not receiveany commission on policies written or sold to insure risks residing,located or to be performed in this state; and
(a) The activities of the officer, director or employee areexecutive, administrative, managerial, clerical or a combination of theseactivities, and are only indirectly related to the sale, solicitation ornegotiation of insurance; or
(b) The function of the officer, director or employee relates tounderwriting, 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 is acting in the capacity of aspecial agent or agency supervisor assisting insurance producers where theactivities are limited to providing technical advice and assistance tolicensed insurance producers and do not include the sale, solicitation ornegotiation of insurance;
(2) A person who secures and furnishes information for the purpose ofgroup life insurance, group property and casualty insurance, groupannuities, group or blanket accident and health insurance, or for thepurpose of enrolling individuals under plans, issuing certificates underplans or otherwise assisting in administering plans or who performsadministrative services related to mass-marketed property and casualtyinsurance, when no commission is paid to the person for the service;
(3) An employer or association or its officers, directors, employees,or the trustees of an employee trust plan, to the extent that theemployers, officers, employees, directors or trustees are engaged in theadministration or operation of a program of employee benefits for theemployees of the employer or association or the employees of itssubsidiaries or affiliates, which program involves the use of insuranceissued by an insurer, as long as the employers, associations, officers,directors, employees or trustees are not in any manner compensated,directly or indirectly, by the company issuing the contracts;
(4) Employees of insurers or organizations employed by insurers whoare engaging in the inspection, rating or classification of risks, or inthe supervision of the training of insurance producers and who are notindividually engaged in the sale, solicitation or negotiation of insuranceand who do not accompany insurance producer trainees on presentations toprospective insurance applicants;
(5) A person whose activities in this state are limited toadvertising without the intent to solicit insurance in this state throughcommunications in printed publications or other forms of electronic massmedia whose distribution is not limited to residents of the state, providedthat the person does not sell, solicit or negotiate insurance that wouldinsure risks residing, located or to be performed in this state;
(6) A person who is not a resident of this state who sells, solicitsor negotiates a contract of insurance for commercial property and casualtyrisks to an insured with risks located in more than one state insured underthat contract, provided that the person is otherwise licensed as aninsurance 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;
(7) A salaried full-time employee who counsels or advises his or heremployer relative to the insurance interests of the employer or of thesubsidiaries or business affiliates of the employer provided that theemployee does not sell or solicit insurance or receive a commission; or
(8) A licensed attorney providing probate or other court-requiredbonds on behalf of a client or client represented by the firm or office ofthe attorney.
4. Those individuals and business entities licensed as of January 1,2003, shall be issued an individual insurance producer or a business entityinsurance producer license as the licenses renew on or after January 1,2003. The licenses held by individuals and business entities on theeffective date of this act* shall be deemed valid and accrue the rights,privileges and responsibilities of an insurance producer license until aninsurance producer license is issued on renewal.
(L. 1965 p. 569, A.L. 1967 p. 516, A.L. 2001 S.B. 193)
Effective 1-01-03
*"This act" (S.B. 193, 2001) contains two effective dates. This section has an effective date of January 1, 2003.
375.014. 1. No person shall sell, solicit or negotiate insurance inthis state for any class or classes of insurance unless he or she islicensed for that line of authority as provided in this chapter.
2. Nothing in this chapter shall be construed to require an insurerto obtain an insurance producer license. In this section, the term"insurer" shall not include the officers, directors, employees,subsidiaries or affiliates of the insurer.
3. A license as an insurance producer shall not be required of thefollowing:
(1) An officer, director or employee of an insurer or of an insuranceproducer, provided that the officer, director or employee does not receiveany commission on policies written or sold to insure risks residing,located or to be performed in this state; and
(a) The activities of the officer, director or employee areexecutive, administrative, managerial, clerical or a combination of theseactivities, and are only indirectly related to the sale, solicitation ornegotiation of insurance; or
(b) The function of the officer, director or employee relates tounderwriting, 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 is acting in the capacity of aspecial agent or agency supervisor assisting insurance producers where theactivities are limited to providing technical advice and assistance tolicensed insurance producers and do not include the sale, solicitation ornegotiation of insurance;
(2) A person who secures and furnishes information for the purpose ofgroup life insurance, group property and casualty insurance, groupannuities, group or blanket accident and health insurance, or for thepurpose of enrolling individuals under plans, issuing certificates underplans or otherwise assisting in administering plans or who performsadministrative services related to mass-marketed property and casualtyinsurance, when no commission is paid to the person for the service;
(3) An employer or association or its officers, directors, employees,or the trustees of an employee trust plan, to the extent that theemployers, officers, employees, directors or trustees are engaged in theadministration or operation of a program of employee benefits for theemployees of the employer or association or the employees of itssubsidiaries or affiliates, which program involves the use of insuranceissued by an insurer, as long as the employers, associations, officers,directors, employees or trustees are not in any manner compensated,directly or indirectly, by the company issuing the contracts;
(4) Employees of insurers or organizations employed by insurers whoare engaging in the inspection, rating or classification of risks, or inthe supervision of the training of insurance producers and who are notindividually engaged in the sale, solicitation or negotiation of insuranceand who do not accompany insurance producer trainees on presentations toprospective insurance applicants;
(5) A person whose activities in this state are limited toadvertising without the intent to solicit insurance in this state throughcommunications in printed publications or other forms of electronic massmedia whose distribution is not limited to residents of the state, providedthat the person does not sell, solicit or negotiate insurance that wouldinsure risks residing, located or to be performed in this state;
(6) A person who is not a resident of this state who sells, solicitsor negotiates a contract of insurance for commercial property and casualtyrisks to an insured with risks located in more than one state insured underthat contract, provided that the person is otherwise licensed as aninsurance 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;
(7) A salaried full-time employee who counsels or advises his or heremployer relative to the insurance interests of the employer or of thesubsidiaries or business affiliates of the employer provided that theemployee does not sell or solicit insurance or receive a commission; or
(8) A licensed attorney providing probate or other court-requiredbonds on behalf of a client or client represented by the firm or office ofthe attorney.
4. Those individuals and business entities licensed as of January 1,2003, shall be issued an individual insurance producer or a business entityinsurance producer license as the licenses renew on or after January 1,2003. The licenses held by individuals and business entities on theeffective date of this act* shall be deemed valid and accrue the rights,privileges and responsibilities of an insurance producer license until aninsurance producer license is issued on renewal.
(L. 1965 p. 569, A.L. 1967 p. 516, A.L. 2001 S.B. 193)
Effective 1-01-03
*"This act" (S.B. 193, 2001) contains two effective dates. This section has an effective date of January 1, 2003.
375.014. 1. No person shall sell, solicit or negotiate insurance inthis state for any class or classes of insurance unless he or she islicensed for that line of authority as provided in this chapter.
2. Nothing in this chapter shall be construed to require an insurerto obtain an insurance producer license. In this section, the term"insurer" shall not include the officers, directors, employees,subsidiaries or affiliates of the insurer.
3. A license as an insurance producer shall not be required of thefollowing:
(1) An officer, director or employee of an insurer or of an insuranceproducer, provided that the officer, director or employee does not receiveany commission on policies written or sold to insure risks residing,located or to be performed in this state; and
(a) The activities of the officer, director or employee areexecutive, administrative, managerial, clerical or a combination of theseactivities, and are only indirectly related to the sale, solicitation ornegotiation of insurance; or
(b) The function of the officer, director or employee relates tounderwriting, 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 is acting in the capacity of aspecial agent or agency supervisor assisting insurance producers where theactivities are limited to providing technical advice and assistance tolicensed insurance producers and do not include the sale, solicitation ornegotiation of insurance;
(2) A person who secures and furnishes information for the purpose ofgroup life insurance, group property and casualty insurance, groupannuities, group or blanket accident and health insurance, or for thepurpose of enrolling individuals under plans, issuing certificates underplans or otherwise assisting in administering plans or who performsadministrative services related to mass-marketed property and casualtyinsurance, when no commission is paid to the person for the service;
(3) An employer or association or its officers, directors, employees,or the trustees of an employee trust plan, to the extent that theemployers, officers, employees, directors or trustees are engaged in theadministration or operation of a program of employee benefits for theemployees of the employer or association or the employees of itssubsidiaries or affiliates, which program involves the use of insuranceissued by an insurer, as long as the employers, associations, officers,directors, employees or trustees are not in any manner compensated,directly or indirectly, by the company issuing the contracts;
(4) Employees of insurers or organizations employed by insurers whoare engaging in the inspection, rating or classification of risks, or inthe supervision of the training of insurance producers and who are notindividually engaged in the sale, solicitation or negotiation of insuranceand who do not accompany insurance producer trainees on presentations toprospective insurance applicants;
(5) A person whose activities in this state are limited toadvertising without the intent to solicit insurance in this state throughcommunications in printed publications or other forms of electronic massmedia whose distribution is not limited to residents of the state, providedthat the person does not sell, solicit or negotiate insurance that wouldinsure risks residing, located or to be performed in this state;
(6) A person who is not a resident of this state who sells, solicitsor negotiates a contract of insurance for commercial property and casualtyrisks to an insured with risks located in more than one state insured underthat contract, provided that the person is otherwise licensed as aninsurance 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;
(7) A salaried full-time employee who counsels or advises his or heremployer relative to the insurance interests of the employer or of thesubsidiaries or business affiliates of the employer provided that theemployee does not sell or solicit insurance or receive a commission; or
(8) A licensed attorney providing probate or other court-requiredbonds on behalf of a client or client represented by the firm or office ofthe attorney.
4. Those individuals and business entities licensed as of January 1,2003, shall be issued an individual insurance producer or a business entityinsurance producer license as the licenses renew on or after January 1,2003. The licenses held by individuals and business entities on theeffective date of this act* shall be deemed valid and accrue the rights,privileges and responsibilities of an insurance producer license until aninsurance producer license is issued on renewal.
(L. 1965 p. 569, A.L. 1967 p. 516, A.L. 2001 S.B. 193)
Effective 1-01-03
*"This act" (S.B. 193, 2001) contains two effective dates. This section has an effective date of January 1, 2003.
