PARRIS N. GLENDENING, Governor

Ch. 35

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 DEPENDS
DIRECTLY 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.

SPECIAL REVISOR'S NOTE: As enacted by Ch. 36, Acts of 1995, this subsection
was new language derived without substantive change from former Art. 48A, §

166(a). However, Ch. _, Acts of 1997, substituted the defined term

"person[s]" for the former term "insurer[s]" in paragraph (1) of this
subsection and made a stylistic change in paragraph (2)(ii) of this subsection.

In paragraph (1) of this subsection, Ch. 36 deleted the phrase "in any
manner", which formerly modified "solicits, procures, or negotiates", as
surplusage since absent a limitation there is no need to describe the manner of
soliciting, procuring, or negotiating.

In paragraph (2)(i) of this subsection, Ch. 36 deleted the former word "used"
as included in the word "employed".

The Insurance Article Review Committee noted in Ch. 36, for consideration
by the General Assembly, the addition of the reference to "mak[ing]"
insurance contracts in paragraph (1) of this subsection. It is the understanding
of the Committee that the definition of "agent" is intended to include any
action that an agent may take under an appointment with an insurer. Since an
insurer may authorize an agent to make an insurance contract by binding the
insurer, a reference to "mak[ing]" insurance contracts is included in the
definition of "agent". This addition is consistent with the reference to
"mak[ing]" a policy in the definition of "appointment" in former Art. 48A, §
166(e), now revised as subsection (g) of this section. The addition is not
intended to make a substantive change.

Defined terms: "Insurance" § 1-101
"Insurer" § 1-101
"Person" § 1-101
"Premium" § 1-101
"Qualified agent" § 1-101

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