§ 38-43-50 — Limited line and special producer licensure; appointment by insurer as producer or agent.

(A) All applicants for a limited lines or special producer's license must be vouched for by an official or a licensed representative of the insurer for which the applicant proposes to act, who shall certify whether the applicant has been appointed a producer to represent it and that it has duly investigated the character and record of the applicant and has satisfied itself that he is trustworthy and qualified to act as its producer and intends to hold himself out in good faith as an insurance producer. When a contract of a producer is canceled by the insurer represented, that insurer shall notify the department of the cancellation within thirty days stating the cause of the termination. The records furnished by insurers are for the use of the department solely and not for public inspection. (B) When appointing a producer, the insurer shall certify on a form prescribed by the director whether the applicant has been appointed a producer to represent it and that it has duly investigated the character and record of the applicant and has satisfied itself that he is trustworthy and qualified to act as its producer and intends to hold himself out in good faith as an insurance producer. An insurance producer shall not act as an agent of an insurer unless the insurance producer becomes an appointed agent of that insurer. An insurance producer who is not acting as an agent of an insurer is not required to become appointed. (C) To appoint a producer as its agent, the appointing insurer shall file, in a format approved by the director or his designee, a notice of appointment within fifteen days from the date the agency contract is executed or the first insurance application is submitted. An insurer also may elect to appoint a producer to all or some insurers within the insurer's holding company system or group by the filing of a single appointment request. Each appointment must be accompanied by an appointment fee paid by the insurer as prescribed in Section 38-43-80. (D) Upon receipt of the notice of appointment, the director or his designee shall verify within a reasonable time not to exceed thirty days that the insurance producer is eligible for appointment. If the insurance producer is determined to be ineligible for appointment, the insurance director or his designee shall notify the insurer within five days of its determination. (E) When placing surplus lines insurance through a licensed insurance broker, a producer licensed for property and casualty insurance is not required to be appointed by the surplus lines insurer. (F) An insurer shall remit a renewal appointment fee in the amount set forth in Section 38-43-80.

Legislative History

HISTORY: Former 1976 Code SECTION 38-43-50 [1947 (45) 322; 1952 Code SECTION 37-655; 1962 Code SECTION 37-655; 1974 (58) 2718] recodified as SECTION 38-73-40 by 1987 Act No. 155, SECTION 1; Former 1976 Code SECTION 38-51-50 [1947 (45) 322; 1952 Code SECTION 37-234; 1960 (51) 1646; 1962 Code SECTION 37-234] recodified as SECTION 38-43-50 by 1987 Act No. 155, SECTION 1; 2002 Act No. 323, SECTION 2, eff January 31, 2003; 2003 Act No. 73, SECTION 8, eff June 25, 2003; 2016 Act No. 137 (H.4660), SECTION 1, eff March 2, 2016. Effect of Amendment 2016 Act No. 137, SECTION 1, in (C), substituted "An insurer also may elect" for "An insurer may also elect"; added (E); and redesignated former (E) as (F).