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The Annotated Code of the Public General Laws of Maryland, 1918
Volume 374, Page 147   View pdf image (33K)
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ART. XXIII] INSURANCE BROKER. 147
which such insurance or reinsurance is effected, and not being a duly
licensed and qualified broker's solicitor as defined in, and in conformity
with, the provisions of Section 219A of this Article, shall be deemed
an insurance broker within the meaning of this Article.
The important element in this section is "negotiating contracts" of insur-
ance; acts of making out and delivering policies, collecting premiums and
giving notices, of a clerical description, so long as they do not relate to the
negotiation of the contract, are not within this section; neither is a clerk
who is sent by brokers who employ him to the agents of insurance com-
panies to affect the placing of the risk. One who aids in the negotiation
of a contract comes under this section; he need not be the sole inter-
mediary between the insured and the company. There is no distinction
(so far as this section is concerned) between procuring a renewal of a
policy and procuring the original. State v. Geddes, 127 Md. 169.
See notes to this section in volumes 1 and 3 of the Annotated Code.
219.
See notes to section 218.
1916, ch. 257, sec. 219A.
219A. Any person who shall be a bona fide employee of a duly
licensed and qualified broker and not duly operating under a broker's
license in conformity with the provisions of Section 219 of this Article,
and who, for compensation, whether by way of salary or commission, or
both, shall solicit on behalf of and in the name of his said employer,
and not in his own name, or in any manner aid his said employer in
negotiating contracts of insurance or reinsurance in the name of his
taid employer, is hereby designated a broker's solicitor and shall be
deemed to be such for the purposes of this Article. No person shall
act in any manner or perform any of the duties or functions of such
broker's solicitor until application for a license therefor shall have been
made by each said broker's solicitor and by his employer on application
forms provided by the insurance commissioner, and duly signed by said
broker's solicitor and by his said employer and there shall have been
issued by the insurance commissioner a license to act as such broker's
solicitor, for which license there shall be paid to the insurance commis-
sioner the sum of Twenty-five Dollars by or for each such broker's
solicitor. Said license shall bear the name of the broker's solicitor to
whom issued and of the employer for whom he is authorized to act and
shall authorize said broker's solicitor named therein to solicit insur-
ance and reinsurance in the name of his said employer, but not in his
own name, or in the name of any other person, firm or corporation, and
further to aid in any proper and lawful manner his said employer in
negotiating contracts of insurance and reinsurance, in the name of his
said employer, but shall not authorize or permit said broker's solicitor
to act in or use his own name in soliciting or negotiating any contracts
of insurance or reinsurance or in any renewal or renewals of any such
contracts, or to deliver any policy or policies or bill any assured or col-
lect any premium of insurance in his own name or in any other manner


 
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The Annotated Code of the Public General Laws of Maryland, 1918
Volume 374, Page 147   View pdf image (33K)
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