Pennsylvania Statutes Title 40 P.S. Insurance § 310.1. Definitions

The following words and phrases when used in this article shall have the meanings given to them in this section unless the context clearly indicates otherwise:

“Applicant.”  An individual who has passed or is exempt from taking the insurance producer licensing examination required by section 604-A.   1

“Application.”  A form approved by the Insurance Commissioner to be used to apply to the Insurance Department for an insurance producer license.

“Appointment.”  A written agreement between an insurance producer and an insurance entity under which the insurance producer may sell, solicit or negotiate contracts of insurance issued by the insurance entity for compensation.

“Business entity.”  A person which is not an individual.

“Business entity application.”  A form approved by the Insurance Commissioner to be used by a business entity to apply to the Insurance Department for an insurance producer license.

“Candidate.”  An individual who has satisfactorily completed or is exempt from the preexamination educational requirements of section 604-A.

“Commissioner.”  The Insurance Commissioner of the Commonwealth.

“Department.”  The Insurance Department of the Commonwealth.

“Designated licensee.”  An individual who is licensed by the Insurance Department as an insurance producer and who is designated by a business entity to be responsible for the business entity's compliance with the insurance laws and regulations of this Commonwealth.

“Exclusive general agent.”  A licensee:

(1) which has been granted sole authority to act directly or indirectly as an insurance producer for a domestic insurer with respect to a specific portion of the insurer's business or within a specific territory;

(2) which has the authority to bind coverage on behalf of the insurer;  and

(3) either separately or together with affiliates or subproducers directly or indirectly produces and underwrites in any one year an amount of gross direct written premium equal to or more than 25% of the surplus as regards policyholders as reported in the last annual statement of the insurer.

“Financial institution.”  A Federal or State- chartered bank, bank and trust company, savings bank, savings and loan association, trust company or credit union.

“Home state.”  The District of Columbia or a state or territory of the United States in which an insurance producer maintains the producer's principal place of residence or principal place of business and is licensed to act as a resident insurance producer.

“Insurance entity.”  A person doing business involving the insuring of risks.  The term includes insurers.

“Insurance producer.”  A person that sells, solicits or negotiates contracts of insurance.

“Insurer.”  An insurance company, association, exchange, interinsurance exchange, health maintenance organization, preferred provider organization, professional health services plan corporation subject to 40 Pa. C.S. Ch. 63 (relating to professional health services plan corporations), a hospital plan corporation subject to 40 Pa.C.S. Ch. 61 ( relating to hospital plan corporations), fraternal benefits society, beneficial association, Lloyd's insurer or health plan corporation.

“Licensee.”  A person licensed by the Insurance Department as an insurance producer.

“Limited line credit insurance.”  Includes credit life, credit disability, credit property, credit unemployment, involuntary unemployment, mortgage life, mortgage guaranty, mortgage disability, guaranteed automobile protection (GAP) insurance and any other form of insurance offered in connection with an extension of credit that is limited to partially or wholly extinguishing that credit obligation designated by the Insurance Commissioner as a form of limited line credit insurance.

“Limited line motor vehicle rental insurance.”   Insurance offered in connection with and incidental to the rental of a rental vehicle, including personal accident, accidental death and dismemberment, personal effects, roadside assistance that may include towing of the rental vehicle, emergency sickness and excess liability.

“Limited line self-service storage insurance.”  Insurance offered in connection with and incidental to the rental of space at a self-service storage facility.

“Line of authority.”  The licensed ability to sell, solicit or negotiate particular classes or types of insurance, including the following:

(1) Life.  Insurance coverage on human lives, including benefits of endowment and annuities, and may include benefits in the event of death or dismemberment by accident and benefits for disability income.

(2) Accident and health or sickness.  Insurance coverage for sickness, bodily injury or accidental death and may include benefits for disability income.

(3) Property.  Insurance coverage for the direct or consequential loss or damage to property of every kind.

(4) Casualty.  Insurance coverage against legal liability, including that for death, injury or disability or damage to real or personal property.

(5) Variable life and variable annuity products.   Insurance coverage provided under variable life insurance contracts and variable annuities.

(6) Personal lines.  Property and casualty insurance coverage sold to individuals and families primarily for noncommercial purposes.

(7) Credit.  Limited line credit insurance.

(8) Motor vehicle rental.  Limited line motor vehicle rental insurance.

(8.1) Self-service storage.  Limited line self-service storage insurance.

(9) Limited line.  Any other line of insurance as determined by the Insurance Commissioner.

“Manager.”  A person that negotiates and binds ceding reinsurance contracts on behalf of a domestic insurer or manages all or part of the insurance business of an insurer and does not act as an agent for such insurer.

“NAIC.”  The National Association of Insurance Commissioners, its subsidiaries and affiliates.

“Negotiate.”  To confer directly with or to offer advice directly to a purchaser or prospective purchaser of a particular contract of insurance concerning the substantive benefits, terms or conditions of the contract, provided that the person engaged in that act either sells insurance or obtains insurance from insurers for purchasers.

“Nonresident insurance producer.”  An insurance producer whose home state is a state or territory other than this Commonwealth.

“Rental agreement.”  Any written agreement setting forth the terms and conditions governing the use of a vehicle provided by the rental company for rental or lease.

“Rental company.”  A person or entity in the business of providing primarily private passenger vehicles to the public under a rental agreement for a period not to exceed 90 days.

“Renter.”  Any person and other authorized drivers obtaining use of a vehicle from a rental company under the terms of a rental agreement for a period not to exceed 90 days.

“Sell.”  To exchange a contract of insurance by any means for money or its equivalent on behalf of an insurance entity.

“Solicit.”  To attempt to sell insurance or ask or urge a person to apply for a particular kind of insurance from a particular insurance entity.

“Vehicle” or “rental vehicle.”  A motor vehicle of the private passenger type, including passenger vans, minivans and sport utility vehicles, and of the cargo type, including cargo vans, pickup trucks and trucks with gross vehicle weight of less than 26,000 pounds and which do not require the operator to possess a commercial driver's license.

1 40 P.S. § 310.4.

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