§ 27-10-1 — Representing or Aiding Unauthorized Insurer Not Allowed; Exceptions; Enforcement of Contracts

(a) In this state, no person shall act as agent for, or otherwise represent, directly or indirectly, any insurer not authorized to transact insurance in this state in the solicitation, negotiation, or effectuation of insurance or annuity contracts, forwarding of applications, delivery of policies or contracts, inspection of risks, fixing of rates, investigation or adjustment of losses, collection of premiums, or in any other manner in the transaction of insurance with respect to subjects of insurance located or performed in this state.
(b) This section shall not apply to:
(1) Acceptance of service of process by the commissioner under Section 27-10-52;
(2) Surplus lines insurance or coverage specified in Section 27-10-34;
(3) Adjustment of losses as authorized in Section 27-10-35;
(4) Transactions for which a certificate of authority to do business is not required of an insurer under the laws of this state;
(5) Reinsurance effectuated in accordance with this title; or
(6) The property and operations of the shipbuilding or ship repair industry engaged in interstate or foreign commerce and vessels, cargoes, watercraft, piers, wharves, graven docks, dry docks, marine railways, and building ways, commonly known as wet marine.
(c) No insurance contract entered into in violation of this section shall preclude the insured from enforcing his or her rights under the contract in accordance with the terms and provisions of the contract and the laws of this state to the same degree those rights would have been enforceable had the contract been lawfully procured.

Legislative History

(Acts 1963, No. 521, p. 1112, §4; Acts 1971, No. 407, p. 707, §191; Act 2024-71, §1.)