PARRIS N. GLENDENING, Governor                                   Ch. 36

The former limitation, "unless the context requires otherwise", is deleted as
unnecessary because the full title of any other administration or department
appears in the text when used in this revised article.

Former Art. 48A, § 5(2), which defined "Department" to mean the State
Insurance Department of Maryland, is deleted as obsolete.

Former Art. 48A, § 492(d), which defined "Department" to mean "the
Insurance Department, the Insurance Commissioner or his authorized
representative", is deleted as obsolete and as misleading because the
"Department" does not mean the "Commissioner".

Defined term: "Insurance" § 1-101

(C) AGENT.

(1)      "AGENT" MEANS A PERSON THAT, FOR COMPENSATION, SOLICITS,
PROCURES, NEGOTIATES, OR MAKES INSURANCE CONTRACTS, INCLUDING
CONTRACTS FOR NONPROFIT HEALTH SERVICE PLANS, DENTAL PLAN
ORGANIZATIONS, AND HEALTH MAINTENANCE ORGANIZATIONS, OR THE RENEWAL
OR CONTINUANCE OF THESE INSURANCE CONTRACTS FOR INSURERS ISSUING THE
INSURANCE CONTRACTS.

(2)      "AGENT" DOES NOT INCLUDE:

(I)       AN INDIVIDUAL WHO PERFORMS CLERICAL, STENOGRAPHIC,
OR SIMILAR OFFICE DUTIES WHILE EMPLOYED BY AN AGENT OR INSURER,
INCLUDING A CLERICAL EMPLOYEE, OTHER THAN A CLERICAL EMPLOYEE OF AN
INSURER, WHO TAKES INSURANCE INFORMATION OR RECEIVES PREMIUMS IN THE
AGENT'S OFFICE, IF THE EMPLOYEE'S COMPENSATION DOES NOT VARY WITH THE
NUMBER OF APPLICATIONS OR AMOUNT OF PREMIUMS;

(II)     A REGULAR SALARIED OFFICER OR EMPLOYEE OF AN
INSURER WHO GIVES HELP TO OR FOR A QUALIFIED AGENT, IF THE OFFICER OR
EMPLOYEE IS NOT PAID A COMMISSION OR OTHER COMPENSATION THAT DIRECTLY
DEPENDS ON THE AMOUNT OF BUSINESS OBTAINED; OR

(III)    IF NOT PAID A COMMISSION, A PERSON THAT OBTAINS AND
FORWARDS INFORMATION FOR:

1.        GROUP INSURANCE COVERAGE;

2.        ENROLLING INDIVIDUALS UNDER GROUP INSURANCE
COVERAGE; OR

3.        ISSUING CERTIFICATES UNDER GROUP INSURANCE
COVERAGE.

REVISOR'S NOTE: This subsection is new language derived without substantive
change from former Art. 48A, § 166(a).

- 725 -