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Session Laws, 1988
Volume 770, Page 4877   View pdf image
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WILLIAM DONALD SCHAEFER, Governor Ch. 754

(a) An "agent" is a person who for compensation in any
manner solicits, procures, or negotiates insurance contracts,
INCLUDING CONTRACTS FOR NONPROFIT HEALTH SERVICE PLANS, DENTAL
PLAN ORGANIZATIONS, AND HEALTH MAINTENANCE ORGANIZATIONS, or the
renewal or continuance of [the insurance] ANY OF THESE contracts
on the behalf of [insurers] ORGANIZATIONS ISSUING THE CONTRACTS.
The term "agent" shall not include:

(1)  Individuals employed and used by agents or
insurers for the performance of clerical, stenographic and
similar office duties;

(2)  Any regular salaried officer or employee of an
insurer rendering assistance to or on behalf of a qualified
agent, provided that such salaried officer or employee receives
no commission or other compensation directly dependent upon the
amount of business obtained; OR

(3)  Any person who secures and forwards information
for the purpose of group insurance coverage or for enrolling
individuals under group insurance coverages or issuing
certificates thereunder where no commission is paid for such
services.

173.

(a) The Commissioner may issue a special restricted
certificate, without regard to education or experience or
examination requirements, to individuals selling transportation
tickets of a common carrier of persons and property, who shall
act as agents only as to travel ticket policies of life,
accident, or baggage insurance on personal effects. The
Commissioner may prescribe and furnish such special forms calling
for such information as he deems proper, in connection with
application for or renewal of such special certificate.

(b) An agent possessing a valid certificate may solicit
applications for and issue policies of personal travel, life,
accident or baggage insurance by means of mechanical vending
machines supervised by him and located solely in terminal
facilities of common carriers. As to each machine to be so used,
the Commissioner shall issue to the agent a special vending
machine license. The license shall specify the name and address
of the insurer and agent, the name of the policy to be sold, the
serial number of the machine, and the place where the machine is
to be in operation. The license shall be subject to annual
renewal, to expiration, suspension or revocation coincidentally
with that of the agent; and no license shall be issued,
continued, or renewed unless the policy so sold conforms to the
requirements of this article applicable to such policies. The
annual license fee shall be as provided in § 41. Notice of the
existence of a current license shall be displayed on or above

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Session Laws, 1988
Volume 770, Page 4877   View pdf image
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