(1) Nothing in
this article 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) Notwithstanding section 10-2-103 (6), insurance producer does not
include the following:
(a) Any person who is a regularly salaried officer, director, or employee of an
insurance company or an insurance producer and who is engaged in the
performance of usual or customary executive, administrative, or clerical duties
which do not include the negotiation or solicitation of insurance, so long as 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;
(b) Any person who is a salaried employee in the office of an insurance
producer or insurer and who devotes full time to clerical and administrative
services, including the incidental taking of insurance applications and receipt of
premiums in the office of such person's employer, so long as the person does not
receive any commission on such applications and the person's compensation is not
varied by the volume of applications or premiums taken or received;
(c) An officer, director, or employee whose activities are executive,
administrative, managerial, clerical, or a combination of these, and are only
indirectly related to the sale, solicitation, or negotiation of insurance;
(c.3) An officer, director, or employee whose function relates to
underwriting, loss control, inspection, or the processing, adjusting, investigating, or
settling of a claim on a contract of insurance;
(c.5) An officer, director, or employee who is acting in the capacity of a
special agent or agency supervisor assisting insurance producers, where the
officer's, director's, or employee'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;
(c.7) A person who 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 or for the purpose of enrolling
individuals under plans, issuing certificates under plans, or otherwise assisting in
administering plans or performs administrative services related to mass marketed
property and casualty insurance, where no commission is paid to the person for the
service;
(d) Employers, associations, or their officers, directors, or employees, or the
trustees of any employee trust plan, to the extent that such employers,
associations, officers, directors, employees, or trustees are engaged in the
administration or operation of any program of employee benefits for their own
employees or the employees of their subsidiaries or affiliates, which program
involves the use of insurance issued by an insurer; except that such employers,
associations, officers, directors, employees, or trustees shall not in any manner be
compensated, directly or indirectly, by the company issuing the contracts;
(e) Employees of insurers or insurance agencies or organizations employed
by insurers or insurance agencies 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 solicitation or negotiation of policies or
contracts for insurance;
(f) Management associations, partnerships, or corporations whose
operations do not entail solicitation of insurance from the public;
(g) Officers or employees of a motor vehicle rental company that offers
coverage in connection with and incidental to the rental of motor vehicles under
motor vehicle rental agreements, so long as such coverage is:
(I) Offered at the point of the rental transaction or by preselection of
coverage in master, corporate, group, or individual rental agreements;
(II) Limited in scope to the parties to such motor vehicle rental agreements
and to other authorized drivers or occupants of the vehicles being rented;
(III) Limited in duration to coverage of damages incurred as a result of events
occurring during the rental period; and
(IV) For traditionally recognized risks associated with motor vehicle
operation and travel, including, without limitation, personal injury or death, personal
liability and property damage, collision, damage to or loss of personal effects,
roadside assistance, and emergency repairs;
(h) 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, so long as the person does not sell, solicit, or
negotiate insurance that would insure risks residing, located, or to be performed in
this state;
(i) 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, so
long as 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; or
(j) 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, so long as the employee does not sell or solicit insurance
or receive a commission.
(2.5) With respect to public adjusters, a license as a public adjuster is not
required for:
(a) An attorney-at-law admitted to practice in this state, when acting in his or
her professional capacity as an attorney;
(b) A person who negotiates or settles claims arising under a life or health
insurance policy or an annuity contract;
(c) A person employed only for the purpose of obtaining facts surrounding a
loss or furnishing technical assistance of an incidental nature to a licensed public
adjuster, including a photographer, estimator, private investigator, engineer, or
handwriting expert;
(d) A licensed health-care provider, or employee of a licensed health-care
provider, who prepares or files a health claim form on behalf of a patient; or
(e) A person who settles subrogation claims between insurers.