Chapter 411

2003 -- S 0911

Enacted 08/06/03

A N A C T

RELATING TO INSURANCE -- PRODUCER LICENSING ACT

Introduced By: Senators Alves, and Raptakis

Date Introduced: February 27, 2003

It is enacted by the General Assembly as follows:

     SECTION 1. Section 27-2.4-5 of the General Laws in Chapter 27-2.4 entitled "Producer

Licensing Act" is hereby amended to read as follows:

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 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 insurers 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; or

      (11) A licensed public adjuster acting within the scope of an applicable license and

provided those persons do not sell, solicit or negotiate insurance.

(12) Rental car companies and their employees principally engaged in the rental of motor

vehicles and which 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 forty-five (45) days.

     SECTION 2. This act shall take effect upon passage.

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LC02413

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