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(a) General rule.--Except as provided in subsection (b), a person shall not sell, solicit or negotiate a contract of insurance in this Commonwealth unless the person is licensed as an insurance producer for the line of authority under which the contract is issued.
(b) Exceptions.--The following persons shall not be insurance producers for purposes of this act:
(1) An insurer. For purposes of this exemption the term does not include an insurer's officers, directors or employees.
(2) An employee of an insurer or a rating organization employed by an insurer:
(i) who is not engaged in the sale, solicitation or negotiation of insurance contracts; and
(A) inspects, rates or classifies risks; or
(B) supervises the training of insurance producers.
(3) An officer, director or employee of an insurer or of an insurance producer if the officer, director or employee does not receive a commission on policies written or sold to insure risks residing, located or to be performed in this Commonwealth and:
(i) the officer, director or employee's activities are executive, administrative, managerial, clerical or a combination of these and are only indirectly related to the sale, solicitation or negotiation of insurance. These activities may include discussing and informing on insurance inquiries and matters, so long as no recommendation is made with respect to specific coverages, products or rates; receiving requests for coverage for transmittal to a licensee or insurance entity; assisting with the completion of applications at the licensee's or insurance entity's place of business; passing on to the licensee inquiries of a particular nature; receiving premium payments delivered to the licensee or insurance entity for coverage and issuing receipts on behalf of the licensee or insurance entity; and collecting expiration date information from clients or potential clients;
(ii) the officer, director or employee's function relates to underwriting, loss control, inspection or the processing, adjusting, investigating or settling of a claim on a contract of insurance; or
(iii) the officer, director or employee is acting in the capacity of assisting insurance producers where the person's activities are limited to providing technical advice and assistance to licensed insurance producers and do not include the sale, solicitation or negotiation of insurance.
(4) A person that does any of the following, provided no commission is paid for the services:
(i) Secures and furnishes written information for the purpose of group life insurance, group property and casualty insurance, group annuities, group or blanket accident and health insurance.
(ii) Performs administrative services related to the enrollment of individuals under plans.
(iii) Issues certificates under plans or otherwise assists in administering plans.
(iv) Performs administrative services related to mass marketed property and casualty insurance.
(v) Provides risk management services to a business entity.
(vi) Performs administrative functions, provides clerical support or enrolls renters on behalf of the rental company which offers insurance coverages in connection with and incidental to the rental of motor vehicles.
(5) An employer, including an association, or the trustees of an employee trust plan and their officers, directors and employees if:
(i) the employer, trustees, officers, directors or employees are engaged in the administration or operation of an employee benefits program;
(ii) the employee benefits program includes insurance issued by an insurer for the benefit of the employer's employees or the employees of its subsidiaries or affiliates; and
(iii) the employer, trustees, officers, directors or employees are not compensated, directly or indirectly, by the insurer issuing the policy of insurance.
(6) A person engaged in the advertising of insurance in this Commonwealth if:
(i) the person does not sell, solicit or negotiate insurance for risks residing, located or to be performed in this Commonwealth; and
(ii) the advertising is distributed to persons residing both within and outside this Commonwealth through the use of printed publications or other forms of electronic mass media.
(7) A person who:
(i) Is not a resident of this Commonwealth.
(ii) Sells, solicits or negotiates a contract of insurance for commercial property and casualty risks to an insured with risks located in more than one state under that contract.
(iii) Is licensed as an insurance producer to sell, solicit or negotiate that line of authority in the state where the insured maintains its principal place of business.
(iv) The contract of insurance insures risks located in the state where the insured maintains its principal place of business.
(8) A salaried full-time employee who:
(i) counsels or advises the employee's employer on the employer's insurance issues; and
(ii) does not sell or solicit insurance or receive a commission.
Cite this article: FindLaw.com - Pennsylvania Statutes Title 40 P.S. Insurance § 310.3. License required - last updated January 01, 2019 | https://codes.findlaw.com/pa/title-40-ps-insurance/pa-st-sect-40-310-3.html
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