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Session Laws, 1995
Volume 793, Page 879   View pdf image
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PARRIS N. GLENDENING, Governor

Ch. 36

(3)      TRANSACTIONS IN THE STATE THAT INVOLVE, AND ARE
SUBSEQUENT TO THE ISSUANCE OF, A POLICY THAT WAS LAWFULLY SOLICITED,
WRITTEN, AND DELIVERED OUTSIDE OF THE STATE COVERING ONLY A SUBJECT OF
INSURANCE NOT RESIDENT, LOCATED, OR EXPRESSLY TO BE PERFORMED IN THE
STATE AT THE TIME OF ISSUANCE OF THE POLICY;

(4)      TRANSACTIONS THAT INVOLVE INSURANCE CONTRACTS THAT ARE
INDEPENDENTLY PROCURED THROUGH NEGOTIATIONS OCCURRING ENTIRELY
OUTSIDE OF THE STATE AND THAT ARE REPORTED AND ON WHICH THE PREMIUM
TAX IS PAID IN ACCORDANCE WITH §§ 4-210 AND 4-211 OF THIS SUBTITLE;

(5)      AN ATTORNEY WHILE ACTING IN THE ORDINARY RELATION OF
ATTORNEY AND CLIENT IN THE ADJUSTMENT OF CLAIMS OR LOSSES; OR

(6)      UNLESS OTHERWISE DETERMINED BY THE COMMISSIONER,
TRANSACTIONS IN THE STATE THAT INVOLVE GROUP OR BLANKET INSURANCE OR
GROUP ANNUITIES IF THE MASTER POLICY OF THE GROUP WAS LAWFULLY ISSUED
AND DELIVERED IN ANOTHER STATE IN WHICH THE PERSON WAS AUTHORIZED TO
ENGAGE IN INSURANCE BUSINESS.

(B)     IN GENERAL.

AN INSURER OR OTHER PERSON MAY NOT, DIRECTLY OR INDIRECTLY, DO ANY
OF THE ACTS OF AN INSURANCE BUSINESS SET FORTH IN SUBSECTION (C) OF THIS
SECTION, EXCEPT AS PROVIDED BY AND IN ACCORDANCE WITH THE SPECIFIC
AUTHORIZATION OF STATUTE.

(C)     ACTS CONSIDERED TO BE DOING AN INSURANCE BUSINESS.

ANY OF THE FOLLOWING ACTS IN THE STATE, EFFECTED BY MAIL OR
OTHERWISE, IS CONSIDERED TO BE DOING AN INSURANCE BUSINESS IN THE STATE:

(1)      MAKING OR PROPOSING TO MAKE, AS AN INSURER, AN INSURANCE
CONTRACT;

(2)      MAKING OR PROPOSING TO MAKE, AS GUARANTOR OR SURETY
INSURER, A CONTRACT OF GUARANTY OR SURETYSHIP AS A VOCATION AND NOT
MERELY INCIDENTAL TO ANOTHER LEGITIMATE BUSINESS OR ACTIVITY OF THE
GUARANTOR OR SURETY INSURER;

(3)      TAKING OR RECEIVING AN APPLICATION FOR INSURANCE;

(4)      RECEIVING OR COLLECTING PREMIUMS, COMMISSIONS,
MEMBERSHIP FEES, ASSESSMENTS, DUES, OR OTHER CONSIDERATION FOR
INSURANCE;

(5)      ISSUING OR DELIVERING AN INSURANCE CONTRACT TO A RESIDENT
OF THE STATE OR A PERSON AUTHORIZED TO DO BUSINESS IN THE STATE;

- 879 -

 

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Session Laws, 1995
Volume 793, Page 879   View pdf image
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