2010 Mississippi Code
TITLE 83 - INSURANCE
Chapter 17 - Insurance Agents, Solicitors, or Adjusters.
83-17-53 - Definitions.

§ 83-17-53. Definitions.
 

[Effective until November 1, 2009, this section will read as follows:]
 

The following words and phrases shall have the meanings ascribed herein unless the context clearly indicates otherwise: 
 

(a) "Business entity" means a corporation, association, partnership, limited liability company, limited liability partnership or other legal entity. 

(b) "Commissioner" means the Commissioner of Insurance. 

(c) "Home state" means the District of Columbia and any state or territory of the United States in which an insurance producer maintains his or her principal place of residence or principal place of business and is licensed to act as an insurance producer. 

(d) "Insurance" means any of the lines of authority in Section 83-19-1. 

(e) "Insurance producer" means a person required to be licensed under the laws of this state to sell, solicit or negotiate insurance. 

(f) "Insurer" means that as defined in Section 83-6-1. 

(g) "License" means a document issued by the commissioner authorizing a person to act as an insurance producer for the lines of authority specified in the document. The license itself does not create any authority, actual, apparent or inherent, in the holder to represent or commit an insurance carrier. 

(h) "Limited line credit insurance" includes credit life, credit disability, credit property, credit unemployment, involuntary unemployment, mortgage life, mortgage guaranty, mortgage disability, guaranteed automobile protection (gap) insurance and any other form of insurance offered in connection with an extension of credit that is limited to partially or wholly extinguishing that credit obligation that the commissioner determines should be designated a form of limited line credit insurance. 

(i) "Limited line credit insurance producer" means a person who sells, solicits or negotiates one or more forms of limited line credit insurance coverage to individuals through a master, corporate, group or individual policy. 

(j) "Limited lines insurance" means those lines of insurance defined in Section 83-19-1, Class 1(b), (p) and (q) and Section 83-19-1, Class 2(d) or any other line of insurance that the commissioner deems necessary to recognize for the purposes of complying with Section 83-17-65(5). 

(k) "Limited lines producer" means a person authorized by the commissioner to sell, solicit or negotiate limited lines insurance. 

(l) "Negotiate" means the act of conferring directly with or offering advice directly to a purchaser or prospective purchaser of a particular contract of insurance concerning any of the substantive benefits, terms or conditions of the contract, if the person engaged in that act either sells insurance or obtains insurance from insurers for purchasers. 

(m) "Person" means an individual or a business entity. 

(n) "Sell" means to exchange a contract of insurance by any means, for money or its equivalent, on behalf of an insurance company. 

(o) "Solicit" means attempting to sell insurance or asking or urging a person to apply for a particular kind of insurance from a particular company. 

(p) "Terminate" means the cancellation of the relationship between an insurance producer and the insurer or the termination of a producer's authority to transact insurance. 

(q) "Uniform business entity application" means the current version of the NAIC uniform business entity application for resident and nonresident business entities. 

(r) "Uniform application" means the current version of the NAIC uniform application for resident and nonresident producer licensing. 
 

[Effective from and after November 1, 2009, this section will read as follows:]
 

The following words and phrases shall have the meanings ascribed herein unless the context clearly indicates otherwise: 

(a) "Business entity" means a corporation, association, partnership, limited liability company, limited liability partnership or other legal entity. 

(b) "Commissioner" means the Commissioner of Insurance. 

(c) "Home state" means the District of Columbia and any state or territory of the United States in which an insurance producer maintains his or her principal place of residence or principal place of business and is licensed to act as an insurance producer. 

(d) "Insurance" means any of the lines of authority in Section 83-19-1. 

(e) "Insurance producer" means a person required to be licensed under the laws of this state to sell, solicit or negotiate insurance. 

(f) "Insurer" means that as defined in Section 83-6-1. 

(g) "License" means a document issued by the commissioner authorizing a person to act as an insurance producer for the lines of authority specified in the document. The license itself does not create any authority, actual, apparent or inherent, in the holder to represent or commit an insurance carrier. 

(h) "Limited line credit insurance" includes credit life, credit disability, credit property, credit unemployment, involuntary unemployment, mortgage life, mortgage guaranty, mortgage disability, guaranteed automobile protection (gap) insurance and any other form of insurance offered in connection with an extension of credit that is limited to partially or wholly extinguishing that credit obligation that the commissioner determines should be designated a form of limited line credit insurance. 

(i) "Limited line credit insurance producer" means a person who sells, solicits or negotiates one or more forms of limited line credit insurance coverage to individuals through a master, corporate, group or individual policy. 

(j) "Limited lines insurance" means those lines of insurance defined in Section 83-19-1, Class 1(b), (e), (p) and (q) and Section 83-19-1, Class 2(d), Section 83-17-63 (1) (h), (i), (j), (k) or any other line of insurance that the commissioner deems necessary to recognize for the purposes of complying with Section 83-17-65(5). 

(k) "Limited lines producer" means a person authorized by the commissioner to sell, solicit or negotiate limited lines insurance. 

(l) "Negotiate" means the act of conferring directly with or offering advice directly to a purchaser or prospective purchaser of a particular contract of insurance concerning any of the substantive benefits, terms or conditions of the contract, if the person engaged in that act either sells insurance or obtains insurance from insurers for purchasers. 

(m) "Person" means an individual or a business entity. 

(n) "Sell" means to exchange a contract of insurance by any means, for money or its equivalent, on behalf of an insurance company. 

(o) "Solicit" means attempting to sell insurance or asking or urging a person to apply for a particular kind of insurance from a particular company. 

(p) "Terminate" means the cancellation of the relationship between an insurance producer and the insurer or the termination of a producer's authority to transact insurance. 

(q) "Uniform business entity application" means the current version of the NAIC uniform business entity application for resident and nonresident business entities. 

(r) "Uniform application" means the current version of the NAIC uniform application for resident and nonresident producer licensing. 
 

Sources: Laws, 2001, ch. 510, § 2; Laws, 2009, ch. 448, § 7, eff from and after Nov. 1, 2009.