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Current through October 23, 2012
For the purposes of this chapter, the term:
(1) "Business entity" means a corporation, association, partnership, limited liability company, limited liability partnership, or other legal entity.
(2) "Commissioner" means the Commissioner of the Department of Insurance, Securities, and Banking.
(2A) "Department" means the Department of Insurance, Securities, and Banking, established by § 31-102.
(3) "District" means the District of Columbia.
(4) "Home state" means the District or any state or territory of the United States in which an insurance producer:
(A) Maintains his or her principal place of residence or principal place of business; and
(B) Is licensed as a resident insurance producer.
(4A) "Individual" means a natural person.
(5) "Insurance" means any of the lines of authority enumerated in § 31- 1131.07(a).
(6) "Insurance producer" means a person required to be licensed in the District to sell, solicit, or negotiate insurance under this chapter.
(7) "Insurer" means a company offering protection through the sale of an insurance policy to an insured.
(8) "License" means a document issued by the Commissioner authorizing a person to act as an insurance producer for the lines of authority specified in the document.
(9) Repealed.
(10) Repealed.
(11) "Limited line of insurance" means a line of insurance:
(A) Enumerated in § 31-1131.07(a)(10)(A), (B), (C), (D), or (E);
(B) Established by the Commissioner pursuant to § 31-1131.07(a)(10)(F); or
(C) Recognized by the Commissioner pursuant to § 31-1131.07(a)(10)(G).
(12) "Limited lines insurance producer" means a person authorized by the Commissioner to sell, solicit, or negotiate a limited line of insurance.
(13) "NAIC" means the National Association of Insurance Commissioners.
(14) "Negotiate" means the act of conferring directly with, or offering advice directly to, a purchaser or prospective purchaser of a particular contract of insurance concerning any of 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.
(14A) "Nonresident insurance producer" means an insurance producer whose home state is not the District.
(15) "Person" means an individual or a business entity.
(15A) "Resident insurance producer" means an insurance producer whose home state is the District.
(16) "Sell" means to sell or exchange a contract of insurance by any means, for money or its equivalent, on behalf of an insurance company.
(17) "Solicit" means attempting to sell insurance or asking or urging a person to apply for a particular kind of insurance from a particular company.
(18) "Terminate" means the cancellation of the relationship between an insurance producer and an insurer or the termination of a producer's authority to transact insurance.
(19) "Uniform Business Entity Application" means the current version of the NAIC Uniform Application for Business Entity Insurance License/Registration.
(20) "Uniform Individual Application" means the current version of the NAIC Uniform Application for Individual Insurance Producer License.
(Mar. 27, 2003, D.C. Law 14-264, § 2, 50 DCR 260; June 11, 2004, D.C. Law 15-166, § 4(g)(1), 51 DCR 2817; Apr. 13, 2005, D.C. Law 15-354, § 43, 52 DCR 2638; Mar. 2, 2007, D.C. Law 16-191, § 44(b), 53 DCR 6794; May 13, 2008, D.C. Law 17-155, § 2(a), 55 DCR 3683.)
HISTORICAL AND STATUTORY NOTES
Effect of Amendments
D.C. Law 15-166, in par. (2), substituted "Commissioner of the Department of Insurance, Securities, and Banking" for "Commissioner of Insurance and Securities".
D.C. Law 15-354, in par. (2), validated a previously made technical correction.
D.C. Law 16-191, in par. (2), validated a previously made technical correction.
D.C. Law 17-155 added pars. (2A), (4A), (14A), (15A); rewrote pars. (4), (5), (6), (11), (18), (19), and (20); and repealed pars. (9) and (10). Prior to amendment or repeal, pars. (4), (5), (6), (9), (10), (11), (18), (19), and (20) read as follows:
"(4) 'Home state' means the District of Columbia or any state or territory of the United States in which an insurance producer:
"(A) Maintains his or her principal place of residence or principal place of business; and
"(B) Is licensed as an insurance producer.
"(5) 'Insurance' means any of the lines of authority as enumerated in § 31- 1131.07.
"(6) 'Insurance producer' means a person required to be licensed in the District to sell, solicit, or negotiate insurance."
"(9) 'Limited line credit insurance' includes credit life, credit disability, credit property, credit unemployment, involuntary unemployment, mortgage life, mortgage guaranty, mortgage disability, guaranteed automobile protection insurance, or any other form of insurance offered in connection with an extension of credit that is limited to partially or wholly extinguishing that credit obligation and that the Commissioner determines should be designated as a form of limited line credit insurance.
"(10) 'Limited line credit insurance producer' means a person who sells, solicits, or negotiates one or more forms of limited line credit insurance coverage to individuals through a master, corporate, group, or individual policy.
"(11) 'Limited lines insurance' means those lines of insurance that the Commissioner considers necessary to recognize for the purposes of complying with § 31-1131.08(e)."
"(18) 'Terminate' means the cancellation of the relationship between an insurance producer and the insurer or the termination of a producer's authority to transact insurance.
"(19) 'Uniform Business Entity Application' means the current version of the NAIC Uniform Business Entity Application for resident and nonresident business entities.
"(20) 'Uniform Application' means the current version of the NAIC Uniform Application for resident and nonresident producer licensing."
Emergency Act Amendments
For temporary (90 day) amendment of section, see § 4(g)(1) of Consolidation of Financial Services Emergency Amendment Act of 2004 (D.C. Act 15-381, February 27, 2004, 51 DCR 2653).
Legislative History of Laws
For Law 14-264, see notes following § 31-1131.01.
For Law 15-166, see notes following § 31-1004.
For Law 15-354, see notes following § 31-101.
Law 16-191, the "Technical Amendments Act of 2006", was introduced in Council and assigned Bill No. 16-760, which was referred to the Committee of the whole. The Bill was adopted on first and second readings on June 20, 2006, and July 11, 2006, respectively. Signed by the Mayor on July 31, 2006, it was assigned Act No. 16-475 and transmitted to both Houses of Congress for its review. D.C. Law 16-191 became effective on March 2, 2007.
Law 17-155 the "Producer Licensing Amendment Act of 2008", was introduced in Council and assigned Bill No.17-252 which was referred to the Committee on Public Services and Consumer Affairs. The Bill was adopted on first and second readings on February 5, 2008, and March 4, 2008, respectively. Signed by the Mayor on March 19, 2008, it was assigned Act No. 17-327 and transmitted to both Houses of Congress for its review. D.C. Law 17-155 became effective on May 13, 2008.
