§ 26.1-02-06 — Insurance transactions defined - Venue

Any of the following acts in this state effected by mail or otherwise by or on behalf of an
unauthorized insurance company constitutes the transaction of an insurance business in this
state:
1. Making or proposing to make, as an insurance company, an insurance contract.
2. Making or proposing to make, as guarantor or surety, any contract of guaranty or
suretyship as a vocation and not merely incidental to any other legitimate business or
activity of the guarantor or surety.
3. Taking or receiving of any application for insurance.
4. Receiving or collecting any premium, commission, membership fees, assessments,
dues, or other consideration for any insurance or any part thereof.

5. Issuing or delivering an insurance contract to residents of this state or to persons
authorized to do business in this state.
6. Directly or indirectly acting as an insurance producer for or otherwise representing or
aiding on behalf of another, any person or insurance company in the solicitation,
negotiation, procurement, or effectuation of insurance or renewals thereof or in the
dissemination of information as to coverage or rates, or forwarding of applications, or
delivery of policies or contracts, or inspection of risks, or fixing of rates, or investigation
or adjustment of claims or losses, or in the transaction of matters subsequent to
effectuation of the contract and arising out of it, or in any other manner representing or
assisting a person or insurance company in the transaction of insurance with respect
to subjects of insurance resident, located, or to be performed, in this state. This
subsection does not prohibit full-time salaried employees of a corporate insured from
acting in the capacity of an insurance manager or buyer in placing insurance on behalf
of the employer.
7. Transacting any kind of insurance business specifically recognized as transacting an
insurance business within the meaning of the statutes relating to insurance.
8. Transacting or proposing to transact any insurance business in substance equivalent
to any of the foregoing in a manner designed to evade these statutes.
The venue of an act committed by mail is at the point where the matter transmitted by mail is
delivered and takes effect.