§ 27-1-15.6-4 — Insurance producer license; when not required

Indiana § 27-1-15.6-4

• Jurisdiction: Indiana
• Title 27: INSURANCE
• Art. 1: DEPARTMENT OF INSURANCE
• Ch. 15.6: Insurance Producers

Text

(a) As used in this section, "insurer" does not
include an officer, director, employee, subsidiary, or affiliate of an
insurer.
(b) This chapter does not require an insurer to obtain an insurance
producer license.
(c) The following are not required to be licensed as an insurance
producer:
(1) An officer, director, or employee of an insurer or of an
insurance producer, if the officer, director, or employee does not
receive any commission on policies written or sold to insure risks
that reside, are located, or are to be performed in Indiana, and if:
(A) the officer, director, or employee's activities are executive,
administrative, managerial, clerical, or a combination of these,
and are only indirectly related to the sale, solicitation, or
negotiation of insurance;
(B) the officer, director, or employee's function relates to
underwriting, loss control, inspection, or the processing,
adjusting, investigating, or settling of a claim on a contract of
insurance; or
(C) the officer, director, or employee is acting in the capacity of
a special agent or agency supervisor assisting insurance
producers and the officer, director, 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.
(2) A person who secures and furnishes information for the
purpose of:
(A) group life insurance, group property and casualty insurance,
group annuities, or group or blanket accident and sickness
insurance;
(B) enrolling individuals under plans;
(C) issuing certificates under plans or otherwise assisting in
administering plans; or
(D) performing administrative services related to mass
marketed property and casualty insurance;
where no commission is paid to the person for the service.
(3) A person identified in clauses (A) through (C) who is not in
any manner compensated, directly or indirectly, by a company
issuing a contract, to the extent that the person is engaged in the
administration or operation of a program of employee benefits for
the employer's or association's employees, or for the employees of
a subsidiary or affiliate of the employer or association, that
involves the use of insurance issued by an insurer:
(A) An employer or association.
(B) An officer, director, or employee of an employer or
association.
(C) The trustees of an employee trust plan.
(4) An:
(A) employee of an insurer; or
(B) organization employed by insurers;
that is engaged in the inspection, rating, or classification of risks,
or in the supervision of the training of insurance producers, and
that is not individually engaged in the sale, solicitation, or
negotiation of insurance.
(5) A person whose activities in Indiana are limited to advertising,
without the intent to solicit insurance in Indiana, through
communications in printed publications or other forms of
electronic mass media whose distribution is not limited to
residents of Indiana, provided that the person does not sell, solicit,
or negotiate insurance that would insure risks residing, located, or
to be performed in Indiana.
(6) A person who is not a resident of Indiana and 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:
(A) the person is otherwise licensed as an insurance producer
to sell, solicit, or negotiate the insurance in the state where the
insured maintains its principal place of business; and
(B) the contract of insurance insures risks located in that state.
(7) A salaried full-time employee who counsels or advises the
employee's employer about 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.
(8) An officer, employee, or representative of a rental company
(as defined in IC 24-4-9-7) who negotiates or solicits insurance
incidental to and in connection with the rental of a motor vehicle.
(9) An individual who:
(A) furnishes only title insurance rate information at the request
of a consumer; and
(B) does not discuss the terms or conditions of a title insurance
policy.
(10) An employee or authorized representative of a vendor that is
licensed as a limited lines producer under this chapter to sell,
solicit, or negotiate portable electronics insurance incidental to
and in connection with portable electronics transactions as
described in IC 27-1-15.9.
(11) An employee or authorized representative of a self-storage
facility that is licensed as a limited lines producer under this
chapter to sell, solicit, or negotiate self-storage insurance
incidental to and in connection with self-storage rental
agreements as described in IC 27-1-16.1.

Legislative History

As added by P.L.132-2001, SEC.3. Amended by P.L.129-2003, SEC.3; P.L.64-2004, SEC.22; P.L.4-2012, SEC.1; P.L.81-2013, SEC.1; P.L.2-2014, SEC.114.