2094

ARTICLE 48A

	205. Valuation of certificates.	224. Sale of and income from deposits.
	206. Standard of valuation.	225. Annual statement.
	207. Report of valuation.	226. Publication of revocation or refusal
	208. Provisions to insure future security.	to renew license.
	209. Deficiency shown by triennial valua-	227. Examination of companies.
	tion.	228. Production of books.
	210. Examination of domestic associations.	229. Liquidation of insolvent or illegally
	211. Examination of foreign association.	conducted companies.
	212. Adverse publications.	230. Proceedings to vacate charter.
	213. Revocation of license.	231. Fees.
	214. Exemptions.	232. Penalties.
	215. Are charitable and benevolent insti-	233. Exemptions.
	tutions.	234. Validity of sub-title.
	216. Penalties.
	217. Insurance of children; requirements	Non-Profit Hospital Service Plans.
	as to.	235. Non-Profit hospital service plans.
		236. License.
	Installment Accumulation Contracts.	237. Approval by Commissioner.
	218. Definitions.	238. Annual statement.
	219. Licenses.	239. Examination.
	220. Revocation of license.	240. Investment.
	221. Right of appeal.	241. Revocation of license.
	222. Deposits required.	242. Penalties.
	223. Exchange and surrender of deposits.	243. Exempt from taxation.

An. Code, 1924, sec. 1. 1922, ch. 492, sec. 2.

1. (Definitions.) In this Article, unless the context otherwise requires,
"Company" means an insurance company, and includes all corporations,

In the light of art. 23, sec. 192, An. Code, 1912, this section applies to accident insur-
ance policies. Md. Casualty Co. v. Gehrmann, 96 Md. 648.
Cited but not construed in Mutual, etc., Co. v. Rain, 108 Md. 355.

218. 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 companies 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 origi-
nal. State v. Geddes, 127 Md. 169.

This section referred to in construing art. 23, sec. 219, An. Code, 1912—see notes
thereto "(this foot-note). Shehan v. Tanenbaum, Son & Co., 121 Md. 287.

See notes to secs. 219 and 220 (this footnote).

219. Although a local law makes it unlawful for a real estate broker to carry on
business in Baltimore City without obtaining a license, and in such event makes hjs
contracts for commissions void, the overruling of a demurrer to a declaration in a suit
by a- Baltimore broker for commissions containing no allegation that he has a license,
is not reversible error. Walking v. Ensor, 138 Md. 501.

Inasmuch as the purpose of this section is not merely to raise revenue, but in part
at least, to protect the public, a contract made by an unlicensed broker may not be
enforced. A court will not enforce a contract expressly or by implication forbidden
by statute. Goldsmith v. Mfgrs.' Liability Ins. Co., 132 Md. 284. Cf. Goldsmith v.
U. S. F. & G..Co., 140 Md. 72.

The purpose of this section, in addition to the regulation of the business of insurance
brokers, was the raising of revenue. How a statute should be construed. See notes to
art. 1, sec. 15. Shehan v. Tanenbaum/Son & Co., 121 Md. 284; Keller v. State, 122
Md. 682.

See nptes to sec. 218 (this footnote). . .

220. A portion of the act of 1896, ch. 266, being in conflict with art; 3, sec. 29, of the
Md. Constitution, and hence invalid, said act held not to repeal the act of 1894, ch. 377.
State v. Benzinger, 83 Md. 487; Field v. Malster, 88 Md. 701.

See notes to sec. 219 (this footnote).

379. Cited but not construed in Munich Co. v. United Surety Co., 113 Md. 222.