Legislation
SECTION 2109
Agents and brokers; temporary license in case of death, service in armed forces or disability
Insurance (ISC) CHAPTER 28, ARTICLE 21
§ 2109. Agents and brokers; temporary license in case of death,
service in armed forces or disability. (a) The superintendent may issue
a temporary insurance agent's license, title insurance agent's license
or insurance broker's license, or both an insurance agent's and
insurance broker's license, without requiring the applicant to pass a
written examination or to satisfy the requirements of subsection (c) of
section two thousand one hundred four of this article except as to age,
in the case of a license issued pursuant to paragraph two of this
subsection, in the following cases:
(1) in the case of the death of a person who at the time of his death
was a licensed accident and health insurance agent under subsection (a)
of section two thousand one hundred three of this article, a licensed
insurance agent or licensed title insurance agent under subsection (b)
of such section or a licensed insurance broker:
(A) to the executor or administrator of the estate of such deceased
agent or broker;
(B) to a surviving next of kin of such deceased agent or broker, where
no administrator of his estate has been appointed and no executor has
qualified under his duly probated will;
(C) to the surviving member or members of a firm or association, which
at the time of the death of a member was such a licensed insurance
agent, licensed title insurance agent or licensed insurance broker; or
(D) to an officer or director of a corporation upon the death of the
only officer or director who was qualified as a sub-licensee or to the
executor or administrator of the estate of such deceased officer or
director;
(2) to any person who may be designated by a person licensed pursuant
to this chapter as an insurance agent, title insurance agent or an
insurance broker, or both an insurance agent and insurance broker, and
who is absent because of service in any branch of the armed forces of
the United States, including a partnership or corporation that is
licensed pursuant to this chapter as an insurance agent, title insurance
agent or as an insurance broker, or both an insurance agent and
insurance broker, in a case where the sub-licensee or all sub-licensees,
if more than one, named in the license or licenses issued to such
partnership or corporation is or are absent because of service in any
branch of the armed forces of the United States; and
(3) to the next of kin of a person who has become totally disabled and
prevented from pursuing any of the duties of his or her occupation, and
who at the commencement of his or her disability was a licensed accident
and health insurance agent under subsection (a) of section two thousand
one hundred three of this article, a licensed insurance agent under
subsection (b) of such section, a licensed title insurance agent or a
licensed insurance broker.
(b) (1) Before any such license or licenses shall be issued, there
shall be filed in the office of the superintendent a written application
by the person or persons desiring such license or licenses, together
with a written designation of such person or persons, in the case of a
license issued pursuant to paragraph two of subsection (a) hereof, in
such form or forms and supplements thereto, and containing such
information, as the superintendent prescribes.
(2) No fee shall be charged for any such license or any renewal
thereof, except that fees for the renewals of any license issued
pursuant to paragraph two of subsection (a) hereof shall be one-half of
the fees otherwise required by this chapter for such license.
(c) Such license or licenses shall authorize the person or persons
named therein to renew the business of the deceased, absent or disabled
insurance agent, title insurance agent, or insurance broker, or both an
insurance agent and insurance broker, as the case may be, or of the firm
or, in the case of a license issued pursuant to paragraph one or three
of subsection (a) of this section, the association whose business is
being continued thereunder, each such agent or broker being referred to
in this section as "original licensee", expiring during the period in
which such temporary license or licenses are in force, to collect
premiums due and payable to the original licensee or, in the case of a
license issued pursuant to paragraph one of subsection (a) of this
section, to his or her estate, and to perform such other acts as an
insurance agent, a title insurance agent or an insurance broker, or both
an insurance agent or insurance broker, as the case may be, as are
incidental to the continuance of the insurance business of such original
licensee.
(d) A person eligible for such a temporary agent's license may be
licensed only as an agent of the insurer or insurers which such original
licensee was licensed to represent at the time of such death, entrance
upon military or naval duty or disability.
(e) (1) In the case of a license or licenses issued pursuant to
paragraph one of subsection (a) of this section, the license or licenses
may be issued for a term not exceeding ninety days from the death of
such deceased, and the superintendent may in his discretion renew such
license or licenses for an additional term or terms of ninety days each,
not exceeding in the aggregate fifteen months.
(2) The superintendent may issue renewal licenses for an additional
term or terms of ninety days each exceeding the aggregate period of
fifteen months when in his judgment it will best serve the interests of
any person serving in the armed forces of the United States.
(3) A license issued to the next of kin shall not be renewed if,
before the expiration of its term, an administrator or executor of the
deceased shall have applied for and qualified for such a license.
(4) No person or persons so licensed shall, by virtue of such license,
be authorized to solicit, negotiate or sell new insurance.
(f) (1) In the case of a license or licenses issued pursuant to
paragraph two of subsection (a) hereof, the license or licenses may be
issued for a term not exceeding six months, and the superintendent may
in his discretion renew such license or licenses for an additional term
or terms of six months each.
(2) The term of any such license or renewal shall in no event extend
beyond sixty days after the final discharge of such absent insurance
producer from military or naval duty, and each such license or renewal
shall expire on such day as if that were the day specified therein for
the expiration thereof.
(3) No person so licensed shall solicit new business under such
license.
(g) (1) In the case of a license or licenses issued pursuant to
paragraph three of subsection (a) hereof, the license or licenses may be
issued for a term not exceeding ninety days from the disability of such
person, and the superintendent may in his discretion renew such license
or licenses for an additional term or terms of ninety days each, not
exceeding in the aggregate fifteen months.
(2) No person or persons so licensed shall, by virtue of such license,
be authorized to solicit, negotiate or sell new insurance.
(h) (1) In the case of a person seeking a temporary license to act as
a title insurance agent pursuant to subsection (a) of this section, the
superintendent may issue a license for a term not to exceed one hundred
eighty days to such person provided the person:
(A) demonstrates to the satisfaction of the superintendent that a
title insurance corporation is willing to appoint him or her;
(B) submits to the next available title insurance agent examination;
and
(C) demonstrates to the satisfaction of the superintendent that he or
she is qualified, competent, experienced and trustworthy to act as a
title insurance agent.
(2) Any person issued a license pursuant to this subsection shall, by
virtue of such license, be authorized to solicit, negotiate or sell new
policies of title insurance.
service in armed forces or disability. (a) The superintendent may issue
a temporary insurance agent's license, title insurance agent's license
or insurance broker's license, or both an insurance agent's and
insurance broker's license, without requiring the applicant to pass a
written examination or to satisfy the requirements of subsection (c) of
section two thousand one hundred four of this article except as to age,
in the case of a license issued pursuant to paragraph two of this
subsection, in the following cases:
(1) in the case of the death of a person who at the time of his death
was a licensed accident and health insurance agent under subsection (a)
of section two thousand one hundred three of this article, a licensed
insurance agent or licensed title insurance agent under subsection (b)
of such section or a licensed insurance broker:
(A) to the executor or administrator of the estate of such deceased
agent or broker;
(B) to a surviving next of kin of such deceased agent or broker, where
no administrator of his estate has been appointed and no executor has
qualified under his duly probated will;
(C) to the surviving member or members of a firm or association, which
at the time of the death of a member was such a licensed insurance
agent, licensed title insurance agent or licensed insurance broker; or
(D) to an officer or director of a corporation upon the death of the
only officer or director who was qualified as a sub-licensee or to the
executor or administrator of the estate of such deceased officer or
director;
(2) to any person who may be designated by a person licensed pursuant
to this chapter as an insurance agent, title insurance agent or an
insurance broker, or both an insurance agent and insurance broker, and
who is absent because of service in any branch of the armed forces of
the United States, including a partnership or corporation that is
licensed pursuant to this chapter as an insurance agent, title insurance
agent or as an insurance broker, or both an insurance agent and
insurance broker, in a case where the sub-licensee or all sub-licensees,
if more than one, named in the license or licenses issued to such
partnership or corporation is or are absent because of service in any
branch of the armed forces of the United States; and
(3) to the next of kin of a person who has become totally disabled and
prevented from pursuing any of the duties of his or her occupation, and
who at the commencement of his or her disability was a licensed accident
and health insurance agent under subsection (a) of section two thousand
one hundred three of this article, a licensed insurance agent under
subsection (b) of such section, a licensed title insurance agent or a
licensed insurance broker.
(b) (1) Before any such license or licenses shall be issued, there
shall be filed in the office of the superintendent a written application
by the person or persons desiring such license or licenses, together
with a written designation of such person or persons, in the case of a
license issued pursuant to paragraph two of subsection (a) hereof, in
such form or forms and supplements thereto, and containing such
information, as the superintendent prescribes.
(2) No fee shall be charged for any such license or any renewal
thereof, except that fees for the renewals of any license issued
pursuant to paragraph two of subsection (a) hereof shall be one-half of
the fees otherwise required by this chapter for such license.
(c) Such license or licenses shall authorize the person or persons
named therein to renew the business of the deceased, absent or disabled
insurance agent, title insurance agent, or insurance broker, or both an
insurance agent and insurance broker, as the case may be, or of the firm
or, in the case of a license issued pursuant to paragraph one or three
of subsection (a) of this section, the association whose business is
being continued thereunder, each such agent or broker being referred to
in this section as "original licensee", expiring during the period in
which such temporary license or licenses are in force, to collect
premiums due and payable to the original licensee or, in the case of a
license issued pursuant to paragraph one of subsection (a) of this
section, to his or her estate, and to perform such other acts as an
insurance agent, a title insurance agent or an insurance broker, or both
an insurance agent or insurance broker, as the case may be, as are
incidental to the continuance of the insurance business of such original
licensee.
(d) A person eligible for such a temporary agent's license may be
licensed only as an agent of the insurer or insurers which such original
licensee was licensed to represent at the time of such death, entrance
upon military or naval duty or disability.
(e) (1) In the case of a license or licenses issued pursuant to
paragraph one of subsection (a) of this section, the license or licenses
may be issued for a term not exceeding ninety days from the death of
such deceased, and the superintendent may in his discretion renew such
license or licenses for an additional term or terms of ninety days each,
not exceeding in the aggregate fifteen months.
(2) The superintendent may issue renewal licenses for an additional
term or terms of ninety days each exceeding the aggregate period of
fifteen months when in his judgment it will best serve the interests of
any person serving in the armed forces of the United States.
(3) A license issued to the next of kin shall not be renewed if,
before the expiration of its term, an administrator or executor of the
deceased shall have applied for and qualified for such a license.
(4) No person or persons so licensed shall, by virtue of such license,
be authorized to solicit, negotiate or sell new insurance.
(f) (1) In the case of a license or licenses issued pursuant to
paragraph two of subsection (a) hereof, the license or licenses may be
issued for a term not exceeding six months, and the superintendent may
in his discretion renew such license or licenses for an additional term
or terms of six months each.
(2) The term of any such license or renewal shall in no event extend
beyond sixty days after the final discharge of such absent insurance
producer from military or naval duty, and each such license or renewal
shall expire on such day as if that were the day specified therein for
the expiration thereof.
(3) No person so licensed shall solicit new business under such
license.
(g) (1) In the case of a license or licenses issued pursuant to
paragraph three of subsection (a) hereof, the license or licenses may be
issued for a term not exceeding ninety days from the disability of such
person, and the superintendent may in his discretion renew such license
or licenses for an additional term or terms of ninety days each, not
exceeding in the aggregate fifteen months.
(2) No person or persons so licensed shall, by virtue of such license,
be authorized to solicit, negotiate or sell new insurance.
(h) (1) In the case of a person seeking a temporary license to act as
a title insurance agent pursuant to subsection (a) of this section, the
superintendent may issue a license for a term not to exceed one hundred
eighty days to such person provided the person:
(A) demonstrates to the satisfaction of the superintendent that a
title insurance corporation is willing to appoint him or her;
(B) submits to the next available title insurance agent examination;
and
(C) demonstrates to the satisfaction of the superintendent that he or
she is qualified, competent, experienced and trustworthy to act as a
title insurance agent.
(2) Any person issued a license pursuant to this subsection shall, by
virtue of such license, be authorized to solicit, negotiate or sell new
policies of title insurance.