PARRIS N. GLENDENING, Governor

Ch. 36

As to reinsurance, see Title 5, Subtitle 9 of this article.

As to fraternal benefit societies, see Title 8, Subtitle 4 of this article.

As to surplus lines brokers, see Title 3, Subtitle 3 of this article.

Defined terms: "Agent" § 1-101
"Annuity" § 1-101
"Broker" § 1-101
"Insurance" § 1-101
"Insurer" § 1-101
"Person" § 1-101
"Reinsurance" § 1-101
"Title insurance agent" § 10-101

10-103. CERTIFICATE OF QUALIFICATION REQUIRED.

(A)     AGENTS — IN GENERAL.

EXCEPT AS OTHERWISE PROVIDED IN THIS ARTICLE, BEFORE A PERSON ACTS
AS AN AGENT IN THE STATE, THE PERSON MUST OBTAIN:

(1)      A CERTIFICATE OF QUALIFICATION IN THE KIND OR SUBDIVISION
OF INSURANCE FOR WHICH THE PERSON INTENDS TO ACT AS AN AGENT; AND

(2)      AN APPOINTMENT FROM AN INSURER.

(B)     SAME — APPOINTMENT NOT REQUIRED.

(1)      EXCEPT AS OTHERWISE PROVIDED IN THIS SUBSECTION, AN AGENT
MAY NOT SOLICIT, TAKE APPLICATION, NEGOTIATE, PROCURE, OR MAKE ANY
INSURANCE FOR WHICH THE AGENT DOES NOT HAVE AN APPOINTMENT.

(2)      WITHOUT AN APPOINTMENT, AN AGENT MAY:

(I)       SUBMIT TO AN INSURER AN INFORMAL INQUIRY FOR ANY
KIND OF LIFE INSURANCE, HEALTH INSURANCE, OR ANNUITY FOR WHICH THE
AGENT HAS A CERTIFICATE OF QUALIFICATION IF THE INSURER HAS A
CERTIFICATE OF AUTHORITY FOR THE KIND OF INSURANCE ABOUT WHICH THE
INQUIRY IS MADE; AND

(II)     SOLICIT AN APPLICATION FOR ANY KIND OF LIFE INSURANCE,
HEALTH INSURANCE, OR ANNUITY FOR WHICH THE AGENT HAS A CERTIFICATE OF
QUALIFICATION IF THE INSURER TO WHICH THE APPLICATION IS SUBMITTED HAS A
CERTIFICATE OF AUTHORITY FOR THE KIND OF INSURANCE REQUESTED IN THE
APPLICATION.

(C)     BROKERS.

BEFORE A PERSON ACTS AS A BROKER IN THE STATE, THE PERSON MUST
OBTAIN A CERTIFICATE OF QUALIFICATION IN THE KIND OR SUBDIVISION OF
INSURANCE FOR WHICH THE PERSON INTENDS TO ACT AS A BROKER.

(D)     PARTNERSHIPS AND CORPORATIONS.

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