PRIOR PRINTER'S NO. 47 PRINTER'S NO. 612
No. 58 Session of 1991
INTRODUCED BY LESCOVITZ, FREIND, MURPHY, WAMBACH, NAILOR, ANGSTADT, STUBAN, MARSICO, GANNON, PESCI, COY, KENNEY, FLEAGLE, RICHARDSON, FLICK, G. SNYDER, NOYE, E. Z. TAYLOR, FARGO, JAROLIN, CARLSON, NICKOL, BUNT, CLARK, TRELLO, BOYES, TANGRETTI, KOSINSKI, B. SMITH, STURLA, TIGUE, WOGAN, HERMAN, MAYERNIK, O'BRIEN, BUSH, COHEN, LINTON, MAIALE, MELIO, PERZEL, REINARD, TRICH, HAYDEN, COLAIZZO, FEE, BELFANTI, STRITTMATTER, JOSEPHS, TULLI, ALLEN, DEMPSEY, SEMMEL, PICCOLA, MERRY, BATTISTO, KASUNIC, GRUPPO, GODSHALL, ROBINSON, ULIANA, ITKIN, CIVERA, RITTER, VAN HORNE, CARN, ACOSTA, BILLOW, LANGTRY, FOSTER, D. W. SNYDER, CAPPABIANCA, PISTELLA, STEELMAN, ADOLPH, KRUSZEWSKI, CAWLEY, JAMES, OLASZ, GIGLIOTTI AND MICHLOVIC, JANUARY 15, 1991
AS RE-REPORTED FROM COMMITTEE ON APPROPRIATIONS, HOUSE OF REPRESENTATIVES, AS AMENDED, MARCH 11, 1991
AN ACT 1 Amending the act of May 17, 1921 (P.L.789, No.285), 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," further 13 providing for the licensing and regulation of agents and 14 brokers; and imposing penalties. 15 The General Assembly of the Commonwealth of Pennsylvania 16 hereby enacts as follows: 17 Section 1. Section 601 of the act of May 17, 1921 (P.L.789, 18 No.285), known as The Insurance Department Act of one thousand
1 nine hundred and twenty-one, amended June 5, 1947 (P.L.439, 2 No.200), is amended to read: 3 Section 601. [Insurance Agents Defined.--An agent is an 4 individual, copartnership or corporation, authorized in writing 5 by a company, association, or exchange-- 6 (a) To solicit risks and collect premiums, and to issue or 7 countersign policies in its behalf; or 8 (b) To solicit risks and collect premiums in its behalf. 9 A person, copartnership, association, or corporation, not a 10 duly licensed insurance broker, who, for or without 11 compensation, solicits insurance on behalf of any insurance 12 company, association, or exchange, or transmits for a person, 13 copartnership, association, or corporation, other than himself 14 or itself, an application for a policy of insurance to or from 15 such company, association, or exchange, or offers or assumes to 16 act in the negotiation of such insurance, or in any manner aids 17 in transacting the insurance business of any such company, 18 association, or exchange, by negotiating for or placing risks or 19 delivering policies or collecting premiums for such company, 20 association, or exchange, shall be an insurance agent within the 21 intent of this act, and shall thereby become liable to all the 22 duties, requirements, liabilities, and penalties to which an 23 agent of such company, association, or exchange is subject: 24 Provided, however, That the word "agent" shall not include non- 25 resident salaried employes of foreign exchanges which maintain 26 no offices in this Commonwealth and pay no commissions to such 27 employes, or officers or salaried employes of any insurance 28 company, association or exchange, which is authorized to 29 transact business in this Commonwealth, who do not solicit, 30 negotiate or place risks or as to title insurance, duly admitted 19910H0058B0612 - 2 -
1 attorneys-at-law, licensed real estate agents, or real estate 2 brokers.] Certain Words Defined.--The word "agent," as used in 3 this article, means any of the following: 4 (1) Any person authorized in writing by an entity: 5 (i) to solicit risks and collect premiums and to issue or 6 countersign policies on its behalf; or 7 (ii) to solicit risks and collect premiums on its behalf. 8 (2) A person, not a licensed insurance broker, who, whether 9 or not for compensation: 10 (i) solicits insurance on behalf of any insurance entity; 11 (ii) transmits for a person other than himself an 12 application for a policy of insurance to or from the entity; 13 (iii) offers or assumes to act in the negotiation of such 14 insurance; or 15 (iv) in any manner aids in transacting the insurance 16 business of any entity by negotiating for or placing risks or 17 delivering policies or collecting premiums for the entity. 18 The term "agent" does not include: 19 (1) Nonresident salaried employes of foreign exchanges which 20 maintain no offices in this Commonwealth and pay no commissions 21 to such employes. 22 (2) Officers or salaried employes of any insurance entity 23 authorized to transact business in this Commonwealth who do not 24 solicit, negotiate or place risks. 25 (3) Individuals employed and used by agents, brokers or any 26 entity exclusively for the performance of clerical, stenographic 27 or similar office duties. 28 (4) This section does not apply to title insurance agents. 29 The word "appointment," as used in this article, is a written 30 agreement between an agent and an entity under which the agent 19910H0058B0612 - 3 -
1 may solicit, negotiate, make, or procure insurance policies, for 2 compensation, which are issued by the appointing insurer or 3 insurers. 4 The term "certificate of qualification" or "certificate," as 5 used in this article, is a document issued by the Insurance 6 Department attesting that an agent has met the standards set 7 forth under this subarticle to act as an agent in this 8 Commonwealth. 9 The term "entity," as used in this article, means any person 10 doing the business of insurance, including, but not limited to: 11 (1) the issuance or delivery of contracts or certificates of 12 insurance to persons resident in this Commonwealth; 13 (2) the solicitation of applications for such contracts or 14 other negotiations preliminary to the execution of such 15 contracts; 16 (3) the collection of premiums, membership fees, assessments 17 or other considerations for such contracts; or 18 (4) the transaction of matters subsequent to execution of 19 such contracts arising out of them, 20 whether or not such person has obtained a certificate of 21 authority, license or certificate of qualification. 22 The term "nonresident agent," as used in this article, is an 23 applicant or certificate holder with both business address and 24 legal residence outside this Commonwealth. 25 The term "person," as used in this article, means any 26 individual, corporation, association, partnership, reciprocal 27 exchange, inter-insurer, Lloyds insurer, fraternal benefit 28 society, beneficial association and any other legal entity 29 engaged in the business of insurance, including agents, brokers 30 and adjusters and also means health care plans as defined in 40 19910H0058B0612 - 4 -
1 Pa.C.S. Chs. 61 (relating to hospital plan corporations), 63 2 (relating to professional health services plan corporations), 65 3 (relating to fraternal benefit societies) and 67 (relating to 4 beneficial societies) and the act of December 29, 1972 5 (P.L.1701, No.364), known as the "Health Maintenance 6 Organization Act." For purposes of this article, health care 7 plans, fraternal benefit societies and beneficial societies 8 shall be deemed to be engaged in the business of insurance. 9 Section 2. Section 602 of the act is amended to read: 10 Section 602. [Insurance Companies, Et Cetera, To Certify 11 Names of Agents.--Insurance companies, associations, and 12 exchanges, authorized by law to transact business within this 13 Commonwealth, shall, from time to time, certify to the Insurance 14 Commissioner the names of all agents appointed by them to 15 solicit insurance in this Commonwealth.] Requirements to Act as 16 an Agent.--(a) A person may not act as an agent unless he 17 complies with all of the following: 18 (1) That person has obtained a certificate from the 19 Insurance Department reflecting the lines of authority for the 20 kinds of insurance for which that person intends to act as 21 agent. 22 (2) That person has a current appointment or appointments 23 from an insurer or insurers. 24 (3) That person has complied with any continuing education 25 requirements set forth in the regulations promulgated by the 26 Insurance Department. 27 (b) A certificate to act as an agent shall not be granted to 28 any corporation unless by provisions of its charter it is 29 authorized to engage in the business of insurance or real estate 30 and unless individual certificates are also secured for each 19910H0058B0612 - 5 -
1 active officer of such corporation. A certificate shall not be 2 granted to a partnership unless individual certificates are also 3 secured for each active member of the partnership. 4 Section 3. Section 603 of the act, amended or added August 5 21, 1961 (P.L.1018, No.457), July 31, 1968 (P.L.1029, No.310), 6 June 16, 1972 (P.L.436, No.131) and repealed in part April 28, 7 1978 (P.L.202, No.53), is amended to read: 8 Section 603. [Agent's Licenses.--(a) The Insurance 9 Commissioner may issue, upon certification as aforesaid by any 10 company, association, or exchange, authorized by law to transact 11 business within this Commonwealth, an agent's license to any 12 person of at least eighteen years of age and to any 13 copartnership or corporation. No license as agent shall be 14 granted to any corporation unless by provisions of its charter 15 it is authorized to engage in the business of insurance or real 16 estate, and unless individual licenses are also secured for each 17 active officer of such corporation; and no license shall be 18 granted to a copartnership or firm unless individual licenses 19 are also secured for each active member of such copartnership or 20 firm. Before any such license is granted, the applicant shall 21 first make answer, in writing and under oath, to interrogatories 22 on forms and supplements such as the Insurance Commissioner 23 shall prepare and submit, which answers shall be vouched for by 24 indorsement of the company, association, or exchange interested, 25 and to the effect that the applicant is of good business 26 reputation, and of experience in underwriting, other than 27 soliciting, and is worthy of a license: Provided, That any 28 applicant who shall have held, for any period during the five 29 years immediately preceding the application, a license to 30 transact, as agent, any class or kind of insurance business for 19910H0058B0612 - 6 -
1 any company, association, or exchange, authorized to transact 2 business within this Commonwealth, shall be entitled, upon 3 proper application, to receive a license to transact, as agent, 4 the same class or kind of insurance business for any other 5 company, association, or exchange, so authorized to transact 6 business, without the necessity of submitting to an examination. 7 When the Insurance Commissioner is satisfied that the applicant 8 is worthy of license, and that he is reasonably familiar with 9 provisions of the insurance law of this Commonwealth, he shall 10 issue a license stating that the company, association, or 11 exchange, represented by the agent, has complied with the 12 requirements of law and has been authorized by the Insurance 13 Commissioner to transact business within this Commonwealth, and 14 that the agent has been duly appointed by the company, 15 association, or exchange named in the license. Licenses of life 16 insurance agents shall expire annually at midnight of March 17 thirty-first, licenses of fire insurance agents shall expire 18 annually at midnight of September thirtieth, and the licenses of 19 casualty and health and accident insurance agents shall expire 20 annually at midnight of December thirty-first, unless sooner 21 terminated as the result of severance of business relations 22 between the company, association, or exchange and the agent, or 23 unless revoked by the Insurance Commissioner for cause. The 24 provisions of this section shall apply to domestic mutual fire 25 insurance companies, but no agent of a domestic mutual fire 26 insurance company acting or authorized to act as such on the 27 effective date of this act shall be required to take an 28 examination for licensure. 29 (b) Nothing in subsection (a) of this section shall be 30 construed as requiring agents of domestic mutual fire insurance 19910H0058B0612 - 7 -
1 companies which agents write only coverages other than insurance 2 upon automobiles authorized by clauses (1), (2) and (3) of 3 subsection (b) of section 202 of the act of May 17, 1921 (P.L. 4 682), known as "The Insurance Company Law of 1921," to submit to 5 examination prior to licensure by the Insurance Commissioner. 6 (c) The examination provided for in subsection (a) shall not 7 be required of any person who has received the designation of 8 Chartered Life Underwriter, (C.L.U.) from the American College 9 of Life Underwriters, except, that such person may be examined 10 on pertinent provisions of the insurance laws as determined by 11 the Insurance Commissioner.] Requirements to Obtain a 12 Certificate of Qualification.--(a) In order to obtain a 13 certificate to act as an agent a person shall comply with all of 14 the following: 15 (1) Be at least eighteen years of age. 16 (2) Have successfully passed an examination required by the 17 Insurance Department demonstrating reasonable familiarity with 18 insurance laws and the business of insurance in general. 19 (3) Complete a verified application on a form approved by 20 the Insurance Department. 21 (4) Have secured on the application a verified statement by 22 the sponsoring entity that the applicant is of good business 23 reputation and is worthy of a certificate. 24 (5) Pay in full all appropriate fees. 25 (b) The Insurance Department may, upon proper and acceptable 26 application, exempt from the requirement to successfully pass an 27 examination for such appropriate line or lines of authority any 28 person who has met at least one of the following: 29 (1) Has held, for any period during the two years 30 immediately preceding the application, a certificate of 19910H0058B0612 - 8 -
1 qualification from the Insurance Department reflecting at least 2 one of the same lines of authority for which he is now applying. 3 (2) Received the designation of Chartered Life Underwriter 4 (C.L.U.) from the American College of Life Underwriters, the 5 designation of Chartered Property and Casualty Underwriter 6 (C.P.C.U.) from the American Institute for Property and 7 Liability Underwriters, the designation of Certified Insurance 8 Counselor (C.I.C.) from the Society of Certified Insurance 9 Counselors, or any other professional designation approved by 10 the Insurance Commissioner. 11 (3) Is an agent of a domestic mutual fire insurance company, 12 whose agents write only coverages other than insurance upon 13 automobiles authorized by paragraphs (1), (2) and (3) of 14 subdivision (b) of section 202 of the act of May 17, 1921 15 (P.L.682, No.284), known as "The Insurance Company Law of 1921." 16 (4) Is qualified to apply for and receive authorization from 17 the Insurance Department to act as an agent on the effective 18 date of this act. 19 (5) Is an agent of a fraternal benefit society who, under 20 section 706 of the act of July 29, 1977 (P.L.105, No.38), known 21 as the "Fraternal Benefit Society Code," is not required to take 22 an examination. 23 Section 4. Section 604 of the act, amended December 3, 1975 24 (P.L.471, No.137), is amended to read: 25 Section 604. [Penalty for Acting as Agent Without License.-- 26 Any individual, copartnership, or corporation transacting 27 business within this Commonwealth as the agent of an insurance 28 company, association, or exchange, without a license as required 29 by this act, shall be guilty of a misdemeanor, and, upon 30 conviction thereof, shall be sentenced to pay a fine not 19910H0058B0612 - 9 -
1 exceeding one thousand dollars. Prosecution for any violation 2 under this section may be instituted by the Insurance 3 Commissioner or a duly designated deputy.] Issuance of 4 Certificate of Qualification.--(a) When the Insurance 5 Department is satisfied that the applicant is worthy of a 6 certificate of qualification and has successfully passed an 7 examination and otherwise complied with this article, it shall 8 issue a certificate. The certificate shall state that the agent 9 has complied with this article and has been authorized by the 10 Insurance Department to transact business in specific lines of 11 authority in this Commonwealth. 12 (b) A person who was licensed to act as an agent on the 13 effective date of this act may obtain a certificate to act as an 14 agent reflecting the lines of authority for which that person 15 was previously licensed or qualified by filing the appropriate 16 application for an original certificate of qualification with 17 the Insurance Department and paying the fee for an original 18 agent's certificate as specified under this subarticle. 19 (c) (1) All agents licensed on the effective date of this 20 act shall complete and submit a conversion application in 21 accordance with Insurance Department instructions. For the 22 purpose of conversion each person shall pay a fee not to exceed <-- 23 six dollars and fifty cents. DETERMINED BY THE INSURANCE <-- 24 DEPARTMENT TO BE NECESSARY TO SOLELY FUND THE CONVERSION TO THE 25 SINGLE LICENSE SYSTEM. Such fee shall accompany the conversion 26 application and be returned to the Insurance Department no later 27 than three months from date of receipt. The fees collected by 28 the Insurance Department shall be placed in an Insurance 29 Department Restricted Revenue Account dedicated to fund the 30 conversion to the single license system established by this act. 19910H0058B0612 - 10 -
1 (2) Those persons who have complied with subsection (c)(1) 2 shall receive, complete, and submit a single license application 3 to convert their existing licenses to a certificate of 4 qualification in accordance with Insurance Department 5 regulation. The regulation shall provide for, but not be limited 6 to, timeliness of compliance, amount of fee, if any, to be 7 charged, and any late fee penalties for noncompliance. 8 (3) Persons in compliance with subsection (c)(2) shall 9 receive a certificate of qualification from the Insurance 10 Department. A person receiving a valid certificate of 11 qualification will be able to solicit additional appointments 12 immediately. However, a licensed agent who fails to comply with 13 subsection (c)(2) as of the transition date to a single license 14 system shall have his license or licenses terminated. 15 (4) Insurers will be deemed to have appointed all their 16 agents licensed on the transition date as provided for by 17 Insurance Department regulation. The first appointment report 18 shall be filed with the Insurance Department ninety days after 19 the transition date and must include all existing agents and any 20 new appointments. Appointment reports shall be filed on a 21 monthly basis thereafter pursuant to Insurance Department 22 regulation. 23 Section 5. Sections 605 and 606 of the act are amended to 24 read: 25 Section 605. [Personal Liability of Agents Acting for 26 Unauthorized Companies.--An insurance agent shall be personally 27 liable on all contracts of insurance or suretyship unlawfully 28 made by or through him, directly or indirectly, for or in behalf 29 of any company, association, or exchange not authorized to do 30 business in this Commonwealth. Any person soliciting risks, 19910H0058B0612 - 11 -
1 forwarding premiums, or countersigning or delivering policies, 2 shall be deemed to be the agent of the company, association, or 3 exchange, within the meaning of this section.] Appointment.--(a) 4 No agent shall do business on behalf of any entity without a 5 written appointment from that entity. 6 (b) All appointments shall be obtained by procedures 7 established by the Insurance Department's regulations. 8 (c) Insurance entities authorized by law to transact 9 business in this Commonwealth shall, from time to time as 10 determined by the Insurance Department, certify to the Insurance 11 Department the names of all agents appointed by them. 12 (d) Each appointment fee, both new and renewal, shall be 13 paid in full by the entity appointing the agent. 14 Section 606. [Penalty for Advertising as Agent of 15 Unauthorized Company, Et Cetera.--Any person who, by poster, 16 circular, letter, or in any other way or manner, represents or 17 advertises himself as the agent of any insurance company, 18 association, or exchange of any other State or government, which 19 has not complied with the laws of this State, shall be guilty of 20 a misdemeanor, and, upon conviction, shall be sentenced to pay a 21 fine of not more than one thousand dollars.] Reports by Entities 22 to the Insurance Department.--All entities shall report to the 23 Insurance Department all appointments and terminations of 24 appointments in the format and time frame required by the 25 Insurance Department's regulations. 26 Section 6. Section 607 of the act, amended December 30, 1974 27 (P.L.1047, No.343), is amended to read: 28 Section 607. [Penalty for Soliciting for Fictitious or Dead 29 Companies, Et Cetera.--Any individual, and the officers, 30 managers, agents, owners, or representatives of and any 19910H0058B0612 - 12 -
1 corporation, partnership, or association, offering within this 2 State, in person or by advertisement, poster, letter, circular, 3 or otherwise to sell, procure, or obtain policies, certificates, 4 agreements, binders, or applications for insurance, surety, or 5 indemnity, for or on behalf of any spurious, fictitious, 6 nonexisting, dissolved, inactive, liquidated or liquidating or 7 bankrupt insurance company, association, exchange, society, or 8 order, shall be guilty of a misdemeanor, and, upon conviction, 9 shall be sentenced to not more than one year or less than six 10 months imprisonment, and, in addition, shall pay a fine not 11 exceeding one thousand dollars for each and every violation.] 12 Personal Liability of Agents for Unauthorized Entity.--An 13 insurance agent shall be personally liable on all contracts of 14 insurance or suretyship unlawfully made by or through him, 15 directly or indirectly, for or on behalf of any entity not 16 authorized to do business in this Commonwealth. This section 17 applies to any person who transacts business in this 18 Commonwealth as an agent of an insurance entity without a 19 certificate as required by this article. 20 Section 7. Section 608 of the act, amended July 14, 1977 21 (P.L.88, No.31), is amended to read: 22 Section 608. [Nonresident Agents.--(a) The Insurance 23 Commissioner may issue a license as agent to a person not 24 resident of this Commonwealth, upon compliance with the 25 applicable provisions of this act, if the state or the Province 26 of Canada of such person's residence will accord the same 27 privilege to a resident of this Commonwealth. 28 (b) The Insurance Commissioner may enter into reciprocal 29 agreements with the appropriate official of any such other state 30 or province waiving the written examination of any applicant 19910H0058B0612 - 13 -
1 resident in such other state or province, if: 2 (1) A written examination is required of applicants for an 3 insurance agent's license in such other state or province; 4 (2) The appropriate official of the other state or province 5 certifies that the applicant holds a currently valid license as 6 an insurance agent in such other state or province and either 7 passed such a written examination or was the holder of an 8 insurance agent's license prior to the time a written 9 examination was required; 10 (3) That in such other state or province a resident of this 11 Commonwealth is privileged to procure an insurance agent's 12 license upon the foregoing conditions and without discrimination 13 as to fees otherwise in favor of the residents of such other 14 state or province. 15 (c) No such applicant or licensee shall have a place of 16 business in the Commonwealth, nor be an officer, director, 17 stockholder, or partner in any corporation or partnership doing 18 business in the Commonwealth as a life insurance agency. 19 (d) If the laws of another state or the Province of Canada 20 require the sharing of commissions with resident agents of that 21 state or province on applications for insurance written by 22 nonresident agents, then the same provisions shall apply when 23 resident agents of that state or province, licensed as 24 nonresident agents of Pennsylvania, write applications for 25 insurance on residents of the Commonwealth.] Penalty for 26 Advertising as Agent of Unauthorized Entity.--Any person who 27 represents or advertises himself as the agent of any foreign or 28 alien insurance entity which has not complied with the laws of 29 this Commonwealth commits a misdemeanor of the third degree. 30 Section 8. The act is amended by adding sections to read: 19910H0058B0612 - 14 -
1 Section 609. Penalty for Soliciting for Nonexistent 2 Entity.--Any individual, and the officers, managers, agents, 3 owners or representatives of and any corporation or partnership, 4 offering in this Commonwealth to sell, procure or obtain 5 policies, certificates, agreements, binders or applications for 6 insurance, surety or indemnity, for or on behalf of any 7 spurious, fictitious, nonexistent, dissolved, inactive, 8 liquidated, liquidating or bankrupt insurance entity, society or 9 order, commits a misdemeanor of the third degree. 10 Section 610. Requirements for Nonresidents to Obtain 11 Certificate of Qualification.--(a) The Insurance Department may 12 issue a certificate to a person not a resident of this 13 Commonwealth, upon compliance with the applicable provisions of 14 this article, if the state or the province of the Dominion of 15 Canada of the person's residence accords the same privilege to a 16 resident of this Commonwealth. 17 (b) The Insurance Department may enter into reciprocal 18 agreements with the appropriate official of any such other state 19 or province waiving the written examination of any applicant 20 resident in the other state or province if the following 21 conditions exist: 22 (1) A written examination, with no exemptions not 23 substantially similar to those set forth in section 603(b)(1) 24 and (2), is required of applicants for an insurance agent's 25 certificate or its equivalent in the other state or province. 26 (2) The appropriate official certifies that the applicant 27 holds a currently valid certificate or its equivalent as an 28 insurance agent in the other state or province and either passed 29 a written examination or was the holder of an insurance agent's 30 certificate or its equivalent prior to the time a written 19910H0058B0612 - 15 -
1 examination was required. 2 (3) In the other state or province, a resident of this 3 Commonwealth may obtain an insurance agent's certificate or its 4 equivalent upon the conditions stated in this subsection, 5 without discrimination as to fees or otherwise in favor of the 6 residents of the other state or province. 7 (c) If the law of another state or province of the Dominion 8 of Canada requires the sharing of commissions with resident 9 agents of the state or province on applications for insurance 10 written by nonresident agents, then the same provisions shall 11 apply when resident agents of that state or province authorized 12 as nonresident agents in this Commonwealth write applications 13 for insurance on residents of this Commonwealth. 14 Section 9. Section 621 of the act is amended to read: 15 Section 621. [Insurance Broker Defined.--An insurance broker 16 is a person, copartnership, or corporation, not an officer or 17 agent of the company, association, or exchange interested, who 18 or which, for compensation, acts or aids in any manner in 19 obtaining insurance for a person other than himself or itself.] 20 Definitions and Applicability.--(a) As used in this subarticle 21 and Subarticle C, the term "insurance broker" means a person, 22 not an officer or agent of the entity interested, who, for 23 compensation, acts or aids in any manner in obtaining insurance, 24 other than title insurance, for a person other than himself. 25 (b) This subarticle does not apply to title insurance 26 brokers. 27 Section 10. Section 622 of the act, amended March 28, 1974 28 (P.L.231, No.52) and repealed in part April 28, 1978 (P.L.202, 29 No.53), is amended to read: 30 Section 622. Brokers' Licenses.--[The Insurance Commissioner 19910H0058B0612 - 16 -
1 may issue, to any person of at least eighteen years of age or to 2 any copartnership or corporation, a license to act as an 3 insurance broker to negotiate contracts of insurance or 4 reinsurance, with any insurance company, association, or 5 exchange, or the agents thereof, authorized by law to transact 6 business within this Commonwealth. No license shall be issued to 7 any corporation to act as an insurance broker unless by its 8 charter it is authorized to engage in the business of insurance 9 or real estate. Before any license is issued, the applicant 10 shall make answer, in writing and under oath, to such 11 interrogatories and on such forms and supplements as the 12 Insurance Commissioner shall prepare and submit, which answers 13 shall be vouched for by indorsement of at least two agents or by 14 the officers of any insurance company, association, or exchange, 15 who are acquainted with the applicant, to the effect that the 16 applicant is of good business reputation, and has experience in 17 underwriting, other than soliciting, and is worthy of a license. 18 When the Insurance Commissioner is satisfied that the applicant 19 is worthy of a license, and that he is reasonably familiar with 20 provisions of the insurance laws of this Commonwealth, he shall 21 issue a broker's license to expire annually one year from date 22 of issue, unless sooner revoked by the Insurance Commissioner 23 for cause.] (a) The Insurance Department may issue to any 24 individual or to any partnership or corporation a license to act 25 as an insurance broker to negotiate contracts of insurance or 26 reinsurance with any insurance entity or the appointed agents 27 thereof authorized by law to transact business in this 28 Commonwealth. 29 (b) A license shall not be issued to any partnership or 30 corporation to act as an insurance broker unless by its charter 19910H0058B0612 - 17 -
1 it is authorized to engage in the business of insurance or real 2 estate and unless individual certificates or licenses are also 3 secured for each active partner or officer of such partnership 4 or corporation. 5 (c) No person shall act as an insurance broker without a 6 license. 7 (d) In order to obtain a license to act as a broker a person 8 shall: 9 (1) Be at least eighteen years of age. 10 (2) Have successfully passed an examination required by the 11 Insurance Department demonstrating reasonable familiarity with 12 insurance laws and the business of insurance in general. 13 (3) Complete a verified application on a form approved by 14 the Insurance Department. 15 (4) Pay in full all appropriate fees. 16 (e) The Insurance Department may, upon proper and acceptable 17 application, exempt from the requirement to successfully pass an 18 examination for such appropriate lines of authority for the 19 kinds of insurance business any person who has received the 20 designation of Chartered Life Underwriter (C.L.U.), from the 21 American College of Life Underwriters, the designation of 22 Chartered Property and Casualty Underwriter (C.P.C.U.) from the 23 American Institute for Property and Liability Underwriters, the 24 designation of Certified Insurance Counselor (C.I.C.) from the 25 Society of Certified Insurance Counselors, or any other 26 professional designation approved by the Insurance Commissioner. 27 (f) When the Insurance Department is satisfied that the 28 applicant is worthy of a license and is reasonably familiar with 29 the insurance laws of this Commonwealth and the business of 30 insurance in general, it shall issue a broker's license to 19910H0058B0612 - 18 -
1 expire two years from the date of issue, unless sooner revoked 2 by the Insurance Department for cause. 3 (g) Insurance brokers shall comply with any continuing 4 education requirements established by the Insurance Department 5 by regulation. 6 Section 11. Section 623 of the act, amended December 3, 1975 7 (P.L.471, No.137), is amended to read: 8 Section 623. [Penalties for Acting as Broker Without a 9 License, and Transacting Business with an Unlicensed Broker.-- 10 Any person, copartnership, or corporation transacting business 11 as an insurance broker, within this Commonwealth, or soliciting 12 insurance or transmitting for a partnership, copartnership, 13 association, or corporation, other than himself or itself, an 14 application for a policy of insurance, or offering or assuming 15 to act in the negotiation of such insurance, or in any manner 16 aiding in transacting an insurance business, or negotiating for 17 or placing risks, or delivering policies or collecting premiums 18 for policies which are effective in this State, without a 19 license as broker, or in the case of title insurance without 20 being admitted to practice as an attorney-at-law or being 21 licensed as a real estate broker or real estate agent, unless he 22 or she or it be acting as a licensed agent and then only for the 23 companies he, she or it is duly licensed by this Commonwealth to 24 represent, shall be deemed guilty of a misdemeanor, and, upon 25 conviction thereof, shall pay a fine not exceeding one thousand 26 dollars. Any company, association, or exchange, or the agent of 27 any company, association, or exchange, accepting applications or 28 orders for insurance or securing any insurance business through 29 anyone acting without a license, as aforesaid, shall be guilty 30 of a misdemeanor, and, upon conviction thereof, shall pay a fine 19910H0058B0612 - 19 -
1 not exceeding one thousand dollars. Prosecution for any 2 violation under this section may be instituted by the Insurance 3 Commissioner or a duly designated deputy.] Doing Business with 4 Unlicensed Brokers.--Any entity or the appointed agent of any 5 entity accepting applications or orders for insurance or 6 securing any insurance business through anyone acting without a 7 license commits a misdemeanor of the third degree. 8 Section 12. Section 626 of the act, added June 5, 1947 9 (P.L.456, No.206), is amended to read: 10 Section 626. [Payment of Commissions to Brokers.--Any 11 insurance company, association or exchange, or the agent 12 thereof, may pay money, commission or brokerage, or give or 13 allow anything of value to a duly licensed insurance broker for, 14 or on account of, the solicitation or negotiation of contracts 15 for insurance on property or risks within the Commonwealth.] 16 Payment of Commissions to Brokers.--Any insurance entity or the 17 appointed agent thereof may pay money, commission or brokerage, 18 or give or allow anything of value to a duly licensed broker for 19 the solicitation or negotiation of contracts for insurance on 20 property or risks in this Commonwealth. 21 Section 13. Section 631 of the act is amended to read: 22 Section 631. [Penalty for Acting for Companies, Et Cetera, 23 Failing to Appoint Insurance Commissioner for Service of 24 Process.--Any person, copartnership, or corporation, acting as 25 agent or broker for himself or for others, not having been 26 specially and lawfully licensed so to do, who solicits or 27 procures, or aids in the solicitation or procurement of, 28 policies or certificates of insurance from, or adjusts losses, 29 or in any manner aids in the transaction of any business for, 30 any foreign insurance company, association, or exchange, which 19910H0058B0612 - 20 -
1 has not executed and filed in the office of the Insurance 2 Commissioner a written appointment of the commissioner to be the 3 true and lawful attorney of such company, association, or 4 exchange in and for this State, upon whom all lawful process in 5 any action or proceeding against the company, association, or 6 exchange may be served, is guilty of a misdemeanor, and, upon 7 conviction, shall be sentenced to pay a fine of not less than 8 three hundred dollars and not more than one thousand dollars.] 9 Fraudulent Unlicensed Activity.--A person who without a 10 certificate of qualification performs the duties of an agent as 11 defined in section 601 and any regulations promulgated 12 thereunder, or who without a license performs the duties of a 13 broker as defined in section 621 and any regulations promulgated 14 thereunder, commits a felony of the third degree. 15 Section 14. Section 639 of the act, amended December 30, 16 1974 (P.L.1047, No.343) and repealed in part April 28, 1978 17 (P.L.202, No.53), is amended to read: 18 Section 639. [Revocation, Et Cetera, of License; Penalty.-- 19 Upon satisfactory evidence of the violation of any of the 20 provisions of sections six hundred four, six hundred six, six 21 hundred seven, six hundred twenty-three, six hundred thirty-one, 22 six hundred thirty-two, six hundred thirty-three, six hundred 23 thirty-three point one, six hundred thirty-four, six hundred 24 thirty-five, six hundred thirty-six, six hundred thirty-seven, 25 and six hundred thirty-eight of this act, by any agent or 26 solicitor of any insurance company, association, or exchange, or 27 by any insurance broker or excess insurance broker, or upon 28 satisfactory evidence of such conduct as would disqualify such 29 agent or broker or excess broker from initial issuance of a 30 license under sections six hundred three, six hundred twenty-two 19910H0058B0612 - 21 -
1 and six hundred twenty-four, the Insurance Commissioner may, in
2 his discretion, pursue any one or more of the following courses
3 of action regardless of whether such agent, solicitor or broker
4 was licensed or not licensed by the Insurance Commissioner:
5 (1) Suspend or revoke or refuse to renew the license of such
6 offending party or parties;
7 (2) Impose a civil penalty of not more than one thousand
8 dollars for each and every act in violation of any of said
9 sections by said party or parties.
10 Before the Insurance Commissioner shall take any action as
11 above set forth, he shall give written notice to the person,
12 company, association, or exchange, accused of violating the law,
13 stating specifically the nature of such alleged violation and
14 fixing a time and place, at least ten (10) days thereafter, when
15 a hearing of the matter shall be held. After such hearing or
16 upon failure of the accused to appear at such hearing, the
17 Insurance Commissioner shall impose such of the above penalties
18 as he deems advisable.
19 Any agent or solicitor of any insurance company, association,
20 or exchange, or any insurance broker, or any person,
21 copartnership, association, or corporation, violating the
22 provisions of sections six hundred thirty-three point one, six
23 hundred thirty-five, six hundred thirty-six, six hundred thirty-
24 seven, and six hundred thirty-eight of this act, shall be guilty
25 of a misdemeanor, and, upon conviction thereof, shall be
26 sentenced to pay a fine of not more than one thousand dollars
27 ($1,000.00) for each and every violation, or, at the discretion
28 of the court, to imprisonment in the county jail of the county
29 in which the offense is committed for a period of not more than
30 six months, or both.] Penalties Imposed by Insurance
19910H0058B0612 - 22 -
1 Department.--(a) Upon satisfactory evidence of the violation of 2 sections 602, 605, 606, 608, 609, 622, 631 through 638 by any 3 agent of any insurance entity or by any insurance broker or upon 4 satisfactory evidence of such conduct that would disqualify the 5 agent or broker from initial issuance of a certificate of 6 qualification under section 604 or 622, the department may 7 pursue any one or more of the following courses of action 8 regardless of whether the agent or broker was so authorized by 9 the department: 10 (1) Suspend or revoke or refuse to issue the certificate of 11 qualification or license of the offending party or parties. 12 (2) Impose a civil penalty of not more than one thousand 13 dollars for each act in violation of any of the provisions 14 listed in this subsection. 15 (b) Before the Insurance Commissioner shall take any action 16 as above set forth, he shall give written notice to the entity, 17 accused of violating the law, stating specifically the nature of 18 such alleged violation and fixing a time and place, at least ten 19 days thereafter, when a hearing of the matter shall be held. 20 After such hearing or upon failure of the accused to appear at 21 such hearing, the Insurance Commissioner shall impose such of 22 the above penalties as he deems advisable. 23 (c) Any agent or solicitor of any entity, or any insurance 24 broker, or any person, partnership, association, or corporation, 25 violating the provisions of sections 633.1, 635, 636, 637 and 26 638 of the act, shall be guilty of a misdemeanor, and, upon 27 conviction thereof, shall be sentenced to pay a fine of not more 28 than one thousand dollars for each and every violation, or, at 29 the discretion of the court, to imprisonment in the county jail 30 of the court in which the offense is committed for a period of 19910H0058B0612 - 23 -
1 not more than six months.
2 Section 15. This act shall take effect immediately.
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