§ 27-2.7-4. Authority of vendors of portable electronics.
(a) The employees and authorized representatives of vendors may sell or offer portable
electronics insurance to customers and shall not be subject to licensure as an insurance
producer under this title provided that:
(1) The vendor obtains a portable electronics insurance vendor license to authorize its
employees or authorized representatives to sell or offer portable electronics insurance
pursuant to this section;
(2) The insurer issuing the portable electronics insurance either directly supervises
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§ 27-2.7-4. Authority of vendors of portable electronics.
(a) The employees and authorized representatives of vendors may sell or offer portable
electronics insurance to customers and shall not be subject to licensure as an insurance
producer under this title provided that:
(1) The vendor obtains a portable electronics insurance vendor license to authorize its
employees or authorized representatives to sell or offer portable electronics insurance
pursuant to this section;
(2) The insurer issuing the portable electronics insurance either directly supervises
or appoints a supervising entity to supervise the administration of the program including
development of a training program for employees and authorized representatives of
the vendors. The training required by this subsection (a)(2) shall comply with the
following:
(i) The training shall be delivered to employees and authorized representatives of vendors
who are directly engaged in the activity of selling or offering portable electronics
insurance;
(ii) The training may be provided in electronic form. However, if conducted in an electronic
form, the supervising entity shall implement a supplemental education program regarding
the portable electronics insurance product that is conducted and overseen by licensed
employees of the supervising entity; and
(iii) Each employee and authorized representative shall receive basic instruction about
the portable electronics insurance offered to customers and the disclosures required
under § 27-2.7-3;
(3) No employee or authorized representative of a vendor of portable electronics shall
advertise, represent, or otherwise hold himself or herself out as a licensed insurance
producer.
(b) Notwithstanding any other provision of law, employees or authorized representatives
of a vendor of portable electronics shall not be compensated based primarily on the
number of customers enrolled for portable electronics insurance coverage but may receive
compensation for activities under the limited lines license that is incidental to
their overall compensation.
(c) The charges for portable electronics insurance coverage may be billed and collected
by the vendor of portable electronics. Any charge to the enrolled customer for coverage
that is not included in the cost associated with the purchase or lease of portable
electronics or related services shall be separately itemized on the enrolled customer's
bill. If the portable electronics insurance coverage is included with the purchase
or lease of portable electronics or related services the vendor shall clearly and
conspicuously disclose to the enrolled customer that the portable electronics insurance
coverage is included with the portable electronics or related services. Vendors billing
and collecting such charges shall not be required to maintain such funds in a segregated
account provided that the vendor is authorized by the insurer to hold such funds in
an alternative manner and remits such amounts to the supervising entity within sixty
(60) days of receipt. All funds received by a vendor from an enrolled customer for
the sale of portable electronics insurance shall be considered funds held in trust
by the vendor in a fiduciary capacity for the benefit of the insurer. Vendors may
receive compensation for billing and collection services.