Authority of vendors to sell or offer portable electronics insurance

  1. Law
  2. Arkansas Code
  3. Public Utilities and Regulated Industries
  4. Insurance
  5. Property Insurance
  6. Portable Electronics Insurance
  7. Authority of vendors to sell or offer portable electronics insurance

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  1. (a)

    1. (1) Employees and authorized representatives of vendors may sell or offer portable electronics insurance to customers without a license as an insurance producer if:

      1. (A) The vendor obtains a limited lines license; and

      2. (B)

        1. (i) The insurer issuing the portable electronics insurance supervises or appoints a supervising entity to supervise the insurance coverage policies, including development of a training program for vendors.

        2. (ii) The training program for vendors shall:

          1. (a) Be delivered to employees and authorized representatives of a vendor who are directly engaged in the activity of selling or offering portable electronics insurance; and

          2. (b) Provide basic instruction about the portable electronics insurance offered to customers and the written disclosures required under § 23-88-503.

        3. (iii)

          1. (a) The training program for vendors may be provided in an electronic format.

          2. (b) If the training program for vendors is provided in an electronic format, the supervising entity shall implement a supplemental education program regarding the portable electronics insurance coverage that is supervised by licensed employees of the supervising entity.

    2. (2) An employee or authorized representative of a vendor shall not:

      1. (A) Advertise, represent, or otherwise hold himself or herself out as a licensed nonlimited lines insurance producer; or

      2. (B)

        1. (i) Be compensated based primarily on the number of customers enrolled for portable electronics insurance coverage.

        2. (ii) An employee or authorized representative of a vendor may receive compensation for activities under a limited lines license that is incidental to his or her overall compensation.

  2. (b)

    1. (1)

      1. (A) Charges for portable electronics insurance may be billed and collected by the vendor.

      2. (B) A charge that is not included in the cost associated with the purchase or lease of portable electronics or related services shall be itemized separately on the enrolled customer's bill.

      3. (C) If portable electronics insurance 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 is included.

    2. (2)

      1. (A) Vendors billing and collecting charges for portable electronics insurance shall not be required to maintain the funds in a segregated account if the vendor:

        1. (i) Is authorized by the insurer to hold the funds in an alternative manner; and

        2. (ii) Remits the amount to the supervising entity within sixty (60) days of receipt by the vendor.

      2. (B) The 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 acting in a fiduciary capacity for the benefit of the insurer.

      3. (C) Vendors may receive compensation from the insurer for billing and collection services authorized under this section.


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