Definitions

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§ 4813a. Definitions

As used in this subchapter:

(1) "Business entity" shall have the same meaning as in subdivision 4791(8) of this title.

(2) "Home state" means the District of Columbia and any state or territory of the United States in which an insurance producer maintains his or her principal place of residence or principal place of business and is licensed to act as an insurance producer.

(3) "Insurance producer" shall have the same meaning as in subdivision 4791(6) of this title.

(4) "Insurer" means any person engaged in the business of insurance in this State. It shall include any individual, corporation, association, partnership, reciprocal exchange, inter-insurer, Lloyds insurer, fraternal benefit society, and any other legal entity engaged in the business of insurance. The term includes entities formed or regulated under chapters 101, 103, 105, 107, 109, 111, 113, 121, 123, 125, 132, 137, 138, and 139 of this title. As used in  this subchapter, "insurer" does not include entities formed under chapter 141 or 142 of this title.

(5) "License" means a document issued by the Commissioner authorizing a person to act as an insurance producer for the lines of authority specified in the document. The license itself does not create any authority, actual, apparent, or inherent, in the holder to represent or commit an insurer.

(6) "Limited lines insurance" means travel accident or travel baggage insurance, or any other line of insurance that the Commissioner deems necessary to recognize for the purposes of complying with subsection 4813h(d) of this subchapter, or any other line of insurance the Commissioner, by regulation, shall deem essential for the transaction of business in this State and which does not require the professional competency demanded for an insurance producer's license.

(7) "Limited lines producer" shall have the same meaning as in subdivision 4791(7) of this title.

(8) "Negotiate" means the act of conferring directly with or offering advice directly to a purchaser or prospective purchaser of a particular contract of insurance concerning any of the substantive benefits, terms, or conditions of the contract, provided the person engaged in that act either sells insurance or obtains insurance from insurers for purchasers.

(9) "Person" means an individual or a business entity.

(10) "Portable electronics insurance" shall have the same meaning as in subdivision 4257(2) of this title.

(11) "Portable electronics vendor" shall have the same meaning as in subdivision 4257(3) of this title.

(12) "Sell" means to exchange a contract of insurance by any means, for money or its equivalent, on behalf of an insurer.

(13) "Solicit" means attempting to sell insurance or asking or urging a person to apply for a particular kind of insurance from a particular insurer.

(14) "Terminate" means the cancellation of the relationship between an insurance producer and the insurer or the termination of a producer's authority to transact insurance.

(15) "Uniform Application" means the current version of the NAIC Uniform Application for resident and nonresident producer licensing.

(16) "Uniform Business Entity Application" means the current version of the NAIC Uniform Business Entity Application for resident and nonresident business entities. (Added 2001, No. 97 (Adj. Sess.), § 18; amended 2005, No. 36, § 8, eff. June 1, 2005; 2011, No. 136 (Adj. Sess.), § 10, eff. May 18, 2012; 2015, No. 149 (Adj. Sess.), § 32.)


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