US Laws, Codes, Statutes & Cases

                                  TITLE  41
                                  INSURANCE
                                  CHAPTER 10
                              PRODUCER LICENSING
    41-1005.  EXCEPTIONS TO LICENSING. (1) Nothing in this chapter shall be
construed to require an insurer to obtain an insurance producer license. In
this section, the term "insurer" does not include an insurer's officers,
directors, employees, subsidiaries or affiliates.
    (2)  A license as an insurance producer shall not be required 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:
         (i)   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; or
         (ii)  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; or
         (iii) 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 secures and furnishes information for the purpose of
    group life insurance, group property and casualty insurance, group
    annuities, group or blanket accident and health insurance, or for the
    purpose of enrolling individuals under plans, issuing certificates under
    plans or otherwise assisting in administering plans, or performs
    administrative services relating to mass-marketed property and casualty
    insurance, and who does not receive a commission;
    (c)  An employer or association or its officers, directors, employees or
    the trustees of an employee trust plan, to the extent that the employer,
    association, officer, employee, director 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 involves the use of insurance issued by
    an insurer, as long as the employer, association, officer, director,
    employee or trustee is not in any manner compensated, directly or
    indirectly, by the company issuing the contracts;
    (d)  Employees of insurers or organizations employed by insurers who are
    engaging in the inspection, rating or classification of risks, or in the
    supervision of the training of insurance producers, and who are not
    individually engaged in the sale, solicitation or negotiation of
    insurance, and who do not receive a commission;
    (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 (1) state insured
    under that contract, provided that the 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 his or her
    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; or
    (h)  A person who, concurrent with the rental of a motor vehicle, provides
    contract options to the standard rental agreement which provides auto and
    travel related coverages through authorized insurers during a rental
    period not to exceed ninety (90) days.