(a)Nothing in this chapter shall be construed to require
an insurer to obtain an insurance producer license. As used 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:
(i)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;
Free access — add to your briefcase to read the full text and ask questions with AI
(a) Nothing in this chapter shall be construed to require
an insurer to obtain an insurance producer license. As used 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:
(i) 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; or
(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.
(ii) A person who receives no commission and provides
the following services:
(A) Secures and furnishes information for the
purpose of group life insurance, group property and casualty
insurance, group annuities, group or blanket accident and health
or disability insurance; or
(B) Secures and furnishes information for the
purpose of enrolling individuals under plans, issuing
certificates under plans or otherwise assisting in administering
plans; or
(C) Performs administrative services related to
mass marketed property and casualty insurance.
(iii) 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, directors
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;
(iv) 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;
(v) 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;
(vi) 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 (1) state insured under that contract,
provided that person is otherwise licensed as an insurance
producer to sell, solicit or negotiate the insurance in the
state where the insured maintains its principal place of
business and the contract of insurance insures risks located in
that state; or
(vii) A salaried full-time employee who counsels or
advises his employer relative to the insurance interests of the
employer or of the subsidiaries or business affiliates of the
employer provided the employee does not sell or solicit
insurance or receive a commission.