PRINTER'S NO. 80
No. 69 Session of 1971
INTRODUCED BY MR. MELTON, MRS. ANDERSON, MESSRS. RITTER AND MILLER, JANUARY 25, 1971
REFERRED TO COMMITTEE ON CONSUMER PROTECTION, JANUARY 25, 1971
AN ACT 1 Amending the act of May 17, 1921 (P.L.789), entitled, as 2 amended, "An act relating to insurance; establishing an 3 insurance department; and amending, revising, and 4 consolidating the law relating to the licensing, 5 qualification, regulation, examination, suspension, and 6 dissolution of insurance companies, Lloyds associations, 7 reciprocal and inter-insurance exchanges, and certain 8 societies and orders, the examination and regulation of fire 9 insurance rating bureaus, and the licensing and regulation of 10 insurance agents and brokers; the service of legal process 11 upon foreign insurance companies, associations or exchanges; 12 providing penalties, and repealing existing laws," reducing 13 certain age requirements and conforming certain language to 14 existing law. 15 The General Assembly of the Commonwealth of Pennsylvania 16 hereby enacts as follows: 17 Section 1. Subsection (a) of section 603, act of May 17, 18 1921 (P.L.789), known as "The Insurance Department Act of one 19 thousand nine hundred and twenty-one," amended August 21, 1961 20 (P.L.1018), is amended to read: 21 Section 603. Agent's Licenses.--(a) The Insurance 22 Commissioner may issue, upon certification as aforesaid by any 23 company, association, or exchange, authorized by law to transact 24 business within this Commonwealth, an agent's license to any
1 person of at least twenty-one years of age except that a license 2 as a life insurance agent may be issued to any person of at 3 least eighteen years of age and to any copartnership or 4 corporation. No license as agent shall be granted to any 5 corporation unless by provisions of its charter it is authorized 6 to engage in the business of insurance or real estate, and 7 unless individual licenses are also secured for each active 8 officer of such corporation; and no license shall be granted to 9 a copartnership or firm unless individual licenses are also 10 secured for each active member of such copartnership or firm. 11 Before any such license is granted, the applicant shall first 12 make answer, in writing and under oath, to interrogatories on 13 forms and supplements such as the Insurance Commissioner shall 14 prepare and submit, which answers shall be vouched for by 15 indorsement of the company, association, or exchange interested, 16 and to the effect that the applicant is of good business 17 reputation, and of experience in underwriting, other than 18 soliciting, and is worthy of a license: Provided, That any 19 applicant who shall have held, for any period during the five 20 years immediately preceding the application, a license to 21 transact, as agent, any class or kind of insurance business for 22 any company, association, or exchange, authorized to transact 23 business within this Commonwealth, shall be entitled, upon 24 proper application, to receive a license to transact, as agent, 25 the same class or kind of insurance business for any other 26 company, association, or exchange, so authorized to transact 27 business, without the necessity of submitting to an examination. 28 When the Insurance Commissioner is satisfied that the applicant 29 is worthy of license, and that he is reasonably familiar with 30 provisions of the insurance law of this Commonwealth, he shall 19710H0069B0080 - 2 -
1 issue a license stating that the company, association, or
2 exchange, represented by the agent, has complied with the
3 requirements of law and has been authorized by the Insurance
4 Commissioner to transact business within this Commonwealth, and
5 that the agent has been duly appointed by the company,
6 association, or exchange named in the license. Licenses of life
7 insurance agents shall expire annually at midnight of March
8 thirty-first, licenses of fire insurance agents shall expire
9 annually at midnight of September thirtieth, and the licenses of
10 casualty and health and accident insurance agents shall expire
11 annually at midnight of December thirty-first, unless sooner
12 terminated as the result of severance of business relations
13 between the company, association, or exchange and the agent, or
14 unless revoked by the Insurance Commissioner for cause. Licenses
15 for casualty insurance agents issued to expire at midnight
16 November thirtieth, one thousand nine hundred forty-nine, are
17 hereby extended until midnight December thirty-first, one
18 thousand nine hundred forty-nine. The department shall collect
19 an additional fee for each such license extended at the rate of
20 one-twelfth of the annual rate, as fixed by this act, for each
21 additional month that the term of such licenses are extended.
22 Any person whose license is revoked may appeal to the [court of
23 common pleas of Dauphin County] Commonwealth Court within thirty
24 days of the date of receipt, by registered mail, of a notice of
25 the fact of such revocation. The provisions of this section
26 shall apply to domestic mutual fire insurance companies, but no
27 agent of a domestic mutual fire insurance company acting or
28 authorized to act as such on the effective date of this act
29 shall be required to take an examination for licensure.
30 * * *
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