§ 27-2.4-5. Exceptions to licensing.
(a) Nothing in this chapter 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.
(b) A license as an insurance producer shall not be required of the following:
(1) An officer, director, or employee of an insurer or of an insurance producer, provided
that the officer, director, or employee does not receive any commission or fees on
policies written or sold to insure risks residing, located, or to be performed in
this state; and:
(i) 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; or
(ii) 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
(2) The officer, director, or employee is acting in the capacity of a special agent or
agency supervisor assisting insurance producers where the person'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;
(3) A person who secures and furnishes information: (i) for the purpose of group life
insurance, group property and casualty insurance, group annuities, group or blanket
accident and health insurance; or (ii) for the purpose of enrolling individuals under
plans, issuing certificates under plans, or assisting in administering plans; or (iii)
performs administrative services related to mass marketed property and casualty insurance;
where no commission or fee is paid to the person for the service;
(4) An employer or association or its officers, directors, employees, or the trustees
of an employee trust plan, to the extent that the employers, officers, employees,
director or trustees are engaged in the administration or operation of a program of
employee benefits for the employer's or association's own employees or the employees
of its subsidiaries or affiliates, which program involves the use of insurance issued
by an insurer, as long as the employers, associations, officers, directors, employees,
or trustees are not in any manner compensated, directly or indirectly, by the company
issuing the contracts;
(5) Employees of insurers or organizations employed by insurers 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 sale, solicitation,
or negotiation of insurance;
(6) 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, provided that the person does not sell, solicit, or negotiate insurance
that would insure risks residing, located, or to be performed in this state;
(7) 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, provided that person
is 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;
(8) 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 provided that the employee does not sell or solicit insurance or receive
a commission;
(9) A person engaged or employed as an attorney licensed to practice law in Rhode Island
and provided those persons do not sell, solicit, or negotiate insurance;
(10) An actuary or a certified public accountant engaged or employed in a consulting capacity
performing duties incidental to that position and provided those persons do not sell,
solicit, or negotiate insurance;
(11) A licensed public adjuster acting within the scope of an applicable license and provided
those persons do not sell, solicit, or negotiate insurance; or
(12) Rental car companies and their employees principally engaged in the rental of motor
vehicles and that offer in connection with and incidental to the rental of those motor
vehicles various optional insurance coverage during the term of the rental agreement
which shall be no more than sixty (60) days.