§ 26.1-26.9-04 — Authority of owners

North Dakota § 26.1-26.9-04

• Jurisdiction: North Dakota
• Title 26.1: Insurance
• Ch. 26.1-26.9: Self-Service Storage Insurance

Text

1. Employees and authorized representatives of an owner may sell, solicit, and offer
self-service storage insurance to occupants and are not subject to licensure as an
insurance producer under this chapter if:
a. The owner obtains a limited lines license to authorize the owner's employees and
authorized representatives to sell, solicit, and offer self-service storage insurance
under this chapter.
b. The owner files an acknowledgment with the commissioner in a form and manner
directed by the commissioner that the owner's counter sales employees and
authorized representatives act on the owner's behalf and the owner is
responsible for any representations made by the counter sales employees or
authorized representatives relating to the self-service storage insurance offered
through the owner. The acknowledgment must state the commissioner may take
any administrative action included in this title.
c. The insurer issuing the self-service storage insurance or a supervising entity
supervises the development of a training program for employees and authorized
representatives of the owner. The training required by this subdivision:
(1) Must be delivered to employees and authorized representatives of the
owner who are engaged directly in the activity of selling, soliciting, or
offering self-service storage insurance, and the training materials must be
maintained by the owner and made available to the commissioner for
inspection upon request.

(2) Must include providing each employee and authorized representative with
basic instruction about the self-service storage insurance offered to
customers and the disclosures required under section 26.1-26.9-03; and
(3) May be provided in electronic form, provided the owner or supervising entity
implements a supplemental education program regarding the self-service
storage insurance conducted and overseen by a licensed producer.
d. An employee or authorized representative of an owner may not advertise,
represent, or otherwise be held out to the public as a nonlimited lines-licensed
insurance producer, unless otherwise licensed.
2. An owner's employees and authorized representatives may not be paid directly by an
insurance company, or be paid a commission or any other compensation for the sale
of self-service storage insurance. This section does not prevent an owner from
including the results of selling, soliciting, or offering self-service storage insurance in
an overall performance compensation incentive program for employees and
authorized representatives.
3. The owner may bill and collect charges for self-service storage insurance coverage.
Any charge to the occupant for coverage not included in the cost of the rental of a
space must be separately itemized on the occupant's bill. If the self-service storage
insurance coverage is included with the lease of a space, the owner clearly and
conspicuously shall disclose to the occupant, on the rental invoice or elsewhere, any
self-service storage insurance coverage included with the rental of a space. An owner
billing and collecting the charges is not required to maintain the funds in a segregated
account if the owner is authorized by the insurer to hold the funds in an alternative
manner. All premiums received by an owner from an occupant for the sale of
self-service storage insurance must be considered funds held by the owner in a
fiduciary capacity for the benefit of the insurer. An owner may receive compensation
for billing and collection services.