2009 Iowa Code
Title 13 - Commerce
Subtitle 1 - Insurance and Related Regulation
CHAPTER 522B - LICENSING OF INSURANCE PRODUCERS
522B.3 - EXCEPTIONS TO LICENSING.

        522B.3  EXCEPTIONS TO LICENSING.
         1.  Nothing in this chapter shall be construed to require an
      insurer to obtain an insurance producer license.  For the purposes of
      this section, "insurer" does not mean an officer, director,
      employee, subsidiary, or affiliate of the insurer.
         2.  A license as an insurance producer shall not be required of
      any of the following:
         a.  An officer, director, or employee of an insurer or of an
      insurance producer, provided that the officer, director, or employee
      does not receive any commission on policies written or sold to insure
      risks residing, located, or to be performed in this state, and one of
      the following applies:
         (1)  The activities of the officer, director, or employee are
      executive, administrative, managerial, clerical, or a combination of
      these, and are only indirectly related to the sale, solicitation, or
      negotiation of insurance.
         (2)  The function of the officer, director, or employee relates to
      underwriting, loss control, inspection, or the processing, adjusting,
      investigating, or settling of a claim on a contract of insurance.
         (3)  The officer, director, or employee is acting in the capacity
      of a special agent or agency supervisor assisting insurance producers
      where the person's activities are limited to providing technical
      advice and assistance to licensed insurance producers and do not
      include the sale, solicitation, or negotiation of insurance.
         b.  A person who performs any of the following services and
      who is not paid a commission for the performance of such service:
         (1)  Secures and furnishes information for the purpose of group
      life insurance, group property and casualty insurance, group
      annuities, or group or blanket accident and health insurance.
         (2)  Secures and furnishes information for the purpose of
      enrolling individuals under plans, issuing certificates under plans,
      or otherwise assisting in administering plans.
         (3)  Performs administrative services related to mass marketed
      property and casualty insurance.
         c.  An employer or association, or an officer, director, or
      employee of such employer or association, or the trustees of an
      employee trust plan, to the extent that such employer, association,
      officer, director, employee, or trustee is engaged in the
      administration or operation of a program of employee benefits for the
      employer's or association's own employees or the employees of its
      subsidiaries or affiliates, which program involves the use of
      insurance issued by an insurer, as long as such employer,
      association, officer, director, employee, or trustee is not in any
      manner compensated, directly or indirectly, by the insurer issuing
      the contracts.
         d.  An employee of an insurer, or an organization employed by
      an insurer, who engages in the inspection, rating, or classification
      of risks or in the supervision of the training of insurance producers
      and who is not individually engaged in the sale, solicitation, or
      negotiation of insurance.
         e.  A person whose activities in this state are limited to
      advertising without the intent to solicit insurance in this state
      through communications in printed publications or other forms of
      electronic mass media whose distribution is not limited to residents
      of the state, provided that the person does not sell, solicit, or
      negotiate insurance that would insure risks residing, located, or to
      be performed in this state.
         f.  A person who is not a resident of this state who sells,
      solicits, or negotiates a contract of insurance for commercial
      property and casualty risks to an insured with risks located in more
      than one state insured under that contract, provided that that person
      is otherwise licensed as an insurance producer to sell, solicit, or
      negotiate that insurance in the state where the insured maintains its
      principal place of business and the contract of insurance insures
      risks located in that state.
         g.  A salaried full-time employee who counsels or advises the
      employee's employer relative to the insurance interests of the
      employer or of the subsidiaries or business affiliates of the
      employer, provided that the employee does not sell or solicit
      insurance or receive a commission.
         h.  A licensed attorney providing surety bonds incident to the
      attorney's practice.
         i.  A person selling transportation tickets of a common
      carrier of persons or property when that person also sells, in
      connection with and related to the transportation ticket, a trip and
      accident insurance policy or an insurance policy on personal effects
      being carried as baggage.  
         Section History: Recent Form
         2001 Acts, ch 16, §17, 37; 2002 Acts, ch 1050, §47; 2002 Acts, ch
      1119, §76
         See also §522A.3

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