PRINTER'S NO. 80

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

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
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     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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