§ 1635. — 1635. (Amended by Stats. 2021, Ch. 133, Sec. 1.)

California § 1635.

• Jurisdiction: California
• Code INS: Insurance Code - INS
• Div. 1.: DIVISION 1. GENERAL RULES GOVERNING INSURANCE
• Part 2.: PART 2. THE BUSINESS OF INSURANCE
• Ch. 5.: CHAPTER 5. Production Agencies
• Art. 3.: ARTICLE 3. Licensing

Text

A license is not required under the provisions of this chapter for a person to act in the following capacities or to engage in the following activities, providing a commission is not paid or allowed, directly or indirectly, by the insurer, creditor, retailer, or other person for acting in those capacities or engaging in those activities:
(a)
The business of examining, certifying, or abstracting titles to real property.
(b)
The solicitation for membership in a fraternal benefit society and other activities to the extent and as described in Sections 11013 and 11102 of this code.
(c)
As
a salaried representative of a reciprocal or interinsurance exchange or of its attorney-in-fact.
(d)
Employment that does not include the solicitation, negotiation, or effecting of contracts of insurance and the signing of policies or other evidences of insurance.
(e)
As an officer of an insurer or a salaried traveling employee of the type commonly known as a special agent or as an agency supervisor, while performing duties and exercising functions that are commonly performed by a special agent or agency supervisor, if the person engaging in the activity does not do either of the following:
(1)
Effect insurance.
(2)
Solicit or negotiate insurance except as a
part of and in connection with the business of a property broker-agent, casualty broker-agent, or life agent licensed under this chapter.
(f)
As an officer or salaried representative of a life insurer if the activities of the officer or salaried representative are limited to direct technical advice and assistance to a properly licensed person and the officer or salaried representative’s activities do not include effecting, soliciting, or negotiating insurance except as a part of and in connection with the business of a property broker-agent, casualty broker-agent, or life agent licensed under this chapter.
(g)
Employment by an insurer at its home or branch office that does not include the solicitation, negotiation, or effecting of contracts of insurance, and that may as part
thereof include the signing of policies or other evidences of insurance.
(h)
The completion or delivery of a declaration or certificate of coverage under a running inland marine insurance contract evidencing coverage thereunder and including only those negotiations as are necessary to the completion or delivery if the person performing those acts or the person’s employer has an insurable interest in the risk covered by the certificate or declaration.
(i)
As an employee of a licensed property broker-agent or casualty broker-agent, whose employment is one or more of the following:
(1)
That of a regularly salaried administrative or clerical employee whose activities do not include the solicitation, negotiation,
or effecting of contracts of insurance from the insuring public.
(2)
That of a salesperson who devotes substantially all of that salesperson’s activities to selling merchandise and whose solicitation of insurance is limited only to the quoting of a premium for insurance to be included in the purchase price covering the interest retained in the merchandise by the seller.
(j)
The solicitation, negotiation, or effectuation of home protection contracts by a person licensed pursuant to Part 1 (commencing with Section 10000) of Division 4 of the Business and Professions Code in connection with the person’s licensed function authorized by Section 10131 or 10131.6 of the Business and Professions Code. The receipt of a payment permitted by Section 12760 shall not disqualify the recipient
from the licensing exemption provided by this chapter.
(k)
Employees of an insurer whose duties are the inspection,
processing, adjusting, investigation, settling of claims, conducting safety inspections, or accepting or rejecting business from licensed insurance agents or brokers.
(l)
Officers, directors, or employees of an insurer or producer whose executive, administrative, managerial, or clerical activities are only indirectly related to solicitation, negotiation, or effecting the sale of insurance, provided those persons do not have direct contact with consumers in a sales or service capacity except as otherwise provided by this section.
(m)
Employees whose activities are limited to making clerical changes in existing policies or providing indirect marketing and servicing support for the purpose of determining general interest in insurance
products.

Legislative History

Amended by Stats. 2021, Ch. 133, Sec. 1. (SB 272) Effective July 23, 2021.