PRINTER'S NO. 578

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 534 Session of 1977


        INTRODUCED BY KOWALYSHYN, BORSKI, GIAMMARCO, HARPER, LIVENGOOD,
           SCHMITT, F. TAYLOR, MACKOWSKI AND MADIGAN, MARCH 7, 1977

        REFERRED TO COMMITTEE ON INSURANCE, MARCH 7, 1977

                                     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," providing
    13     for the licensing as insurance agents of certain nonresidents
    14     of this Commonwealth.

    15     The General Assembly of the Commonwealth of Pennsylvania
    16  hereby enacts as follows:
    17     Section 1.  Section 608, act of May 17, 1921 (P.L.789,
    18  No.285), known as "The Insurance Department Act of one thousand
    19  nine hundred and twenty-one," added July 31, 1968 (P.L.1029,
    20  No.310), is amended to read:
    21     Section 608.  Nonresident Agents.--(a)  The Insurance
    22  Commissioner may issue a license as [life] agent to a person not
    23  resident of this Commonwealth, upon compliance with the
    24  applicable provisions of this act, if the state or the Province

     1  of Canada of such person's residence will accord the same
     2  privilege to a resident of this Commonwealth.
     3     (b)  The Insurance Commissioner may enter into reciprocal
     4  agreements with the appropriate official of any such other state
     5  or province waiving the written examination of any applicant
     6  resident in such other state or province, if:
     7     (1)  A written examination is required of applicants for [a
     8  life] an insurance agent's license in such other state or
     9  province;
    10     (2)  The appropriate official of the other state or province
    11  certifies that the applicant holds a currently valid license as
    12  [a life] an insurance agent in such other state or province and
    13  either passed such a written examination or was the holder of [a
    14  life] an insurance agent's license prior to the time a written
    15  examination was required;
    16     (3)  That in such other state or province a resident of this
    17  Commonwealth is privileged to procure [a life] an insurance
    18  agent's license upon the foregoing conditions and without
    19  discrimination as to fees otherwise in favor of the residents of
    20  such other state or province.
    21     (c)  No such applicant or licensee shall have a place of
    22  business in the Commonwealth, nor be an officer, director,
    23  stockholder, or partner in any corporation or partnership doing
    24  business in the Commonwealth as a life insurance agency.
    25     (d)  If the laws of another state or the Province of Canada
    26  require the sharing of commissions with resident agents of that
    27  state or province on applications for [life] insurance[, or life
    28  insurance including disability insurance,] written by
    29  nonresident agents, then the same provisions shall apply when
    30  resident agents of that state or province, licensed as
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     1  nonresident agents of Pennsylvania, write applications for
     2  insurance on residents of the Commonwealth.
     3     Section 2.  This act shall take effect in 60 days.


















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