Representations to public by unlicensed persons.

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    (a)    It is a fraudulent insurance act for a person to act as or represent to the public that the person is:

        (1)    an insurance producer or a public adjuster in the State if the person has not received the appropriate license under or otherwise complied with Title 10 of this article;

        (2)    a navigator of the Small Business Health Options Program of the Maryland Health Benefit Exchange if the person has not received the appropriate license under or otherwise complied with § 31–112 of this article;

        (3)    a navigator of the Individual Exchange of the Maryland Health Benefit Exchange if the person has not received the appropriate certification under or otherwise complied with § 31–113 of this article; or

        (4)    an application counselor certified by the Individual Exchange of the Maryland Health Benefit Exchange if the person has not received the appropriate certification under or otherwise complied with § 31–113(r) of this article.

    (b)    It is a fraudulent insurance act for an insurance producer:

        (1)    to solicit or take application for, procure, or place for others insurance for which the insurance producer has not obtained an appropriate license;

        (2)    knowingly to violate § 10–130 of this article; or

        (3)    intentionally to fail to report to an insurer the exact amount of consideration charged as a premium for an insurance contract, if different from the policy premium, and to fail to maintain records that show that information.


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