§ 56-6-104 — Exceptions to licensing

Tennessee § 56-6-104

• Jurisdiction: Tennessee
• Title: 56

Text

(a) Nothing in this part 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 on policies written or sold to insure risks residing, located or to be performed in this state and: (A) 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; (B) 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 (C) 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; (2) A person who secures and furnishes information for the purpose of group life insurance, group property and casualty insurance, group annuities, group or blanket accident and health insurance; or for the purpose of enrolling individuals under plans, issuing certificates under plans or otherwise assisting in administering plans, or performs administrative services related to mass marketed property and casualty insurance, where no commission is paid to the person for the service; (3) 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; (4) 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; (5) 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; (6) 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 the person is otherwise 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; (7) A salaried full-time employee who counsels or advises an 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; (8) Any regular salaried officer, employee or member of a fraternal benefit society that provides benefits in case of death or disability, resulting solely from accident, and that does not obligate the officer, employee or member to pay natural death or sick benefits, the officers, employees or members procuring other members and receiving no compensation for the procurement other than awards or merchandise nominal in value; (9) An officer, director, or employee of a vehicle rental company engaged in the sale, solicitation, or negotiation of optional insurance sold in connection with and incidental to a motor vehicle rental agreement for a period not to exceed ninety (90) days; (A) The insurance that may be offered pursuant to this subdivision (b)(9) is limited to: (i) Personal accident coverage that provides protection for renters and other rental vehicle occupants for accidental death or dismemberment, and for medical expenses resulting from an accident that occurs during the rental period; (ii) Liability coverage that provides protection to renters and to other authorized drivers of the rental motor vehicle for liability arising from the operation of the motor vehicle during the rental period. The liability protection, when purchased by a renter, shall be deemed to be primary over any other coverages that may be available to the renter or other authorized driver of the rental vehicle to the extent of the protection provided; (iii) Personal effects coverage that provides protection to renters and other motor vehicle occupants for loss of, or damage to, personal effects in the rental motor vehicle during the rental period; and (iv) Roadside assistance coverage; (B) As used in subdivision (b)(9)(A), "motor vehicle" or "rental vehicle" means a private passenger motor vehicle, including passenger vans, mini vans, and sport utility vehicles, and a cargo motor vehicle, including cargo vans, pickup trucks, and trucks with a gross vehicle weight of less than twenty-six thousand pounds (26,000 lbs.); (C) Each person engaged in the sale of optional insurance products pursuant to this subdivision (b)(9) shall give each renter who purchases the coverage brochures or other written materials that: (i) Summarize, clearly and correctly, the material terms and conditions of coverage offered to renters; (ii) Identify the insurer; (iii) Describe the process for filing a claim in the event the renter elects to purchase coverage; (iv) State that the purchase of the coverage is not required in order to rent a vehicle; (v) Disclose that the coverage offered by the rental agreement may provide a duplication of coverage already provided by a renter's personal automobile policy or by another source of coverage; and (vi) Itemize the cost for the coverage separately; (D) The commissioner may seek the sanctions provided in former § 56-6-112(e) [repealed] against a vehicle rental company upon a finding that an officer, director, or employee of a vehicle rental company has violated § 56-6-112(a)(2), (4), (5), (7), (8), or (10) in connection with the sale, solicitation, or negotiation of optional insurance sold in connection with and incidental to a motor vehicle rental agreement for a period not to exceed ninety (90) days; (10) An officer, director, employee, or authorized representative of a business entity engaged in the sale, solicitation, or negotiation of portable electronics insurance licensed pursuant to and acting in compliance with part 11 of this chapter; (11) An officer, director, employee or authorized representative of a business entity engaged in the sale, solicitation or negotiation of self-service storage insurance licensed pursuant to and acting in compliance with part 12 of this chapter; or (12) (A) A medicare product marketing representative, unless licensing as an insurance producer is required under applicable CMS regulations; (B) As used in this subdivision (b)(12): (i) "CMS" means the federal centers for medicare and medicaid services; (ii) "Medicare product" means the forms of medicare coverage under which medicare beneficiaries may obtain coverage from a risk-bearing entity, including a medicare advantage plan; (iii) "Medicare product insurer" means an insurance company: (a) Authorized in this state to write accident and health insurance; and (b) Authorized by CMS to offer one (1) or more medicare products in this state; (iv) "Medicare product marketing": (a) Means marketing as defined in medicare product marketing regulations and guidelines published by CMS; and (b) Does not include the authority to bind coverage, negotiate premiums or other terms of coverage, or receive commissions in connection with the sale of medicare advantage plans; (v) "Medicare product marketing representative" means an individual who: (a) Is authorized by a medicare product insurer to engage in medicare product marketing on the insurer's behalf; (b) Works under the supervision of a supervising agent employed by the medicare product insurer; and (c) Complies with applicable CMS training and educational requirements for medicare products; and (vi) "Supervising agent" means an individual holding an insurance producer license for accident and health insurance who has been designated by a medicare product insurer to supervise the marketing activities of one (1) or more medicare product marketing representatives.

Legislative History

Amended by 2022 Tenn. Acts, ch. 806, s 1, eff. 4/8/2022. Amended by 2013 Tenn. Acts, ch. 293, s 10, eff. 7/1/2013. Acts 2002, ch. 798, § 5; 2005, ch. 58, § 2; 2011 , ch. 312, § 10.