In this subtitle the following words have the meanings indicated.
“Authorized representative” means an independent contractor of a travel retailer.
“Business entity” means a corporation, professional association, partnership, limited liability company, limited liability partnership, or other legal entity.
“Home state” means any state in which an insurance producer:
maintains the insurance producer’s principal place of residence or principal place of business; and
is licensed to act as a resident insurance producer.
“License” means a document issued by the Commissioner to act as an insurance producer for the kind or subdivision of insurance or combination of kinds or subdivisions of insurance specified in the document.
“License” includes a limited lines license.
“Limited line credit insurance” includes:
credit life insurance;
credit health insurance;
credit property insurance;
credit unemployment insurance;
credit involuntary unemployment benefit insurance;
mortgage life insurance;
mortgage guaranty insurance;
mortgage disability insurance;
guaranteed automobile protection (GAP) insurance; and
any other form of insurance that:
is offered in connection with an extension of credit;
is limited to partially or wholly extinguishing that credit obligation; and
the Commissioner determines should be designated a form of limited line credit insurance.
“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.
“Limited lines insurance” means:
limited line credit insurance;
the lines of insurance described in §§ 10–122 through 10–125 of this subtitle;
insurance sold in connection with, and incidental to, the rental of a motor vehicle under Subtitle 6 of this title; or
any other line of insurance that the Commissioner considers necessary to recognize for the purpose of complying with § 10–119(d) of this subtitle.
“Limited lines insurance producer” means a person authorized by the Commissioner to sell, solicit, or negotiate limited lines insurance.
“Limited lines travel insurance producer” means, with respect to travel insurance:
a licensed managing general agent; or
a licensed insurance producer, including a limited lines insurance producer.
“Offer and disseminate” means, with respect to limited lines travel insurance, to:
provide general information, including a description of coverage and price;
process applications; and
collect premiums.
“Title insurance producer” means a person that, for compensation, solicits, procures, or negotiates title insurance contracts.
“Title insurance producer” includes a person that provides escrow, closing, or settlement services that may result in the issuance of a title insurance contract.
“Title insurance producer” does not include:
individuals employed and used by title insurance producers for the performance of clerical and similar office duties;
a financial institution as defined in § 1–101(j) of the Financial Institutions Article that does not solicit, procure, or negotiate title insurance contracts for compensation; or
a title insurance insurer that is licensed under this article.
“Title insurance producer independent contractor” means a person that:
is licensed to act as a title insurance producer;
provides escrow, closing, or settlement services that may result in the issuance of a title insurance contract as an independent contractor for, or on behalf of, a licensed and appointed title insurance producer; and
is not an employee of the licensed and appointed title insurance producer.
“Trade name” means a name, symbol, or word, or combination of two or more of these that a person uses to:
identify its business, occupation, or self in a business capacity; and
be distinguished from another business, occupation, or person.
“Travel insurance” means insurance coverage for personal risk incident to planned travel, including:
interruption or cancellation of a trip or an event;
loss of baggage or personal effects;
damage to accommodations or a rental vehicle;
sickness, accident, disability, or death occurring during travel, if issued as incidental to the coverage provided by item (i), (ii), (iii), (v), (vi), or (vii) of this paragraph;
emergency evacuation;
repatriation of remains; and
any other contractual obligations to indemnify or pay a specified amount to the traveler on determinable contingencies related to travel as the Commissioner approves.
“Travel insurance” does not include a major medical plan that provides comprehensive medical protection for a traveler on a trip lasting 6 months or longer, such as an individual working outside the United States or uniformed services personnel being deployed.
“Travel retailer” means a business entity that makes, arranges, or offers travel services.
“Uniform application” means the current version of the NAIC uniform application for resident and nonresident insurance producer licensing.
“Uniform business entity application” means the current version of the NAIC uniform business entity application for resident and nonresident business entities.
This subtitle applies to insurance producers, all kinds of insurance and annuities, and all types of insurers, including:
nonprofit health service plans;
dental plan organizations;
health maintenance organizations; and
fraternal benefit societies.
This subtitle does not apply to:
reinsurance;
except as provided in §§ 10-116(c) and 10-119 of this subtitle, surplus lines transactions, which are subject to Title 3, Subtitle 3 of this article;
a person while employed by an insured to administer or help to administer the insurance or risk management program of the person’s employer, if the person is not authorized to accept any compensation from an insurance producer or insurer; or
a licensed insurance adviser while employed under contract by an insured and acting for the insured, if the insurance adviser is not authorized to accept any compensation from an insurance producer or insurer.
In this section, the term “insurer” does not include an insurer’s officers, directors, employees, subsidiaries, or affiliates.
The licensing requirements of this section do not apply to:
an insurer;
an officer, director, or employee of an insurer or of an insurance producer who does not receive any commission on policies written or sold to insure risks residing, located or to be performed in the State if:
the activities of the officer, director, or employee are executive, administrative, managerial, clerical, or a combination of these, and are only indirectly related to the sale, solicitation, or negotiation of insurance;
the function of the officer, director, or employee relates to underwriting, loss control, inspection, or the processing, adjusting, investigating, or settling of a claim on a contract of insurance; or
the officer, director, or employee is acting in the capacity of a special agent or agency supervisor assisting insurance producers where the individual’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;
an individual who performs administrative services related to mass marketed property and casualty insurance, provided that no commission is paid to the individual for the services;
an employer, association, the officers, directors, and employees of an employer or association, or the trustees of an employee trust plan if:
the employer, association, officers, directors, and employees, or trustees are engaged in the administration or operation of a program of employee benefits for the employer’s or association’s own employees or the employees of its subsidiaries or affiliates;
the program involves the use of insurance issued by an insurer; and
the employer, association, officers, directors, and employees, or trustees are not in any manner compensated, directly or indirectly, by the insurer issuing the contracts;
an employee of an insurer or organization employed by an insurer who is:
engaged in the inspection, rating, or classification of risks or in the supervision of the training of insurance producers; and
not individually engaged in the sale, solicitation, or negotiation of insurance;
a person whose activities in the State are limited to advertising without the intent to solicit insurance in the State through communications in printed publications or other forms of electronic mass media if:
the distribution of the printed publications or other forms of electronic mass media is not limited to residents of the State; and
the person does not sell, solicit, or negotiate insurance that would insure risks residing, located, or to be performed in the State;
a person who is not a resident of the State who 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 insured under the contract if:
the person is otherwise licensed as an insurance producer to sell, solicit, or negotiate that insurance in the state where the insured maintains its principal place of business; and
the contract insures risks located in that state; or
a salaried, full-time employee who counsels or advises the employee’s employer relative to the insurance interests of the employer or of the subsidiaries or business affiliates of the employer, provided that the employee does not sell or solicit insurance or receive a commission.
Except as otherwise provided in this article or §§ 10–14A–03 and 10–14B–03 of the State Government Article, before a person acts as an insurance producer in the State, the person must obtain:
a license in the kind or subdivision of insurance for which the person intends to act as an insurance producer; and
if acting for an insurer, an appointment from the insurer.
Except as otherwise provided in this subsection, an insurance producer may not sell, solicit, or negotiate any insurance on behalf of an insurer for which the insurance producer does not have an appointment.
Without an appointment, an insurance producer may:
submit to an insurer an informal inquiry for any kind of life insurance, health insurance, or annuity for which the insurance producer has a license if the insurer has a certificate of authority for the kind of insurance about which the inquiry is made; and
solicit an application for any kind of life insurance, health insurance, or annuity for which the insurance producer has a license if the insurer to which the application is submitted has a certificate of authority for the kind of insurance requested in the application.
Before a business entity may accept in its own name compensation for acting as an insurance producer in the State, the business entity must obtain:
a license in the kind or subdivision of insurance for which the business entity intends to act as an insurance producer; and
an appointment for the kind or subdivision of insurance for which it intends to act as an insurance producer on behalf of an insurer.
This section applies to:
a license to act as an insurance producer for insurance other than life insurance, health insurance, or annuities;
a limited lines license to act as an insurance producer for limited line credit insurance other than credit life insurance or credit health insurance; and
a limited lines license to act as an insurance producer for a line of insurance described in §§ 10–122 through 10–125 of this subtitle.
To qualify for a license to which this section applies, an individual applicant must meet the requirements of this section.
An applicant must be of good character and trustworthy based on the standards of § 10–126 of this subtitle.
An applicant must be at least 18 years of age.
An applicant may not have committed any act that the Commissioner finds would warrant denial of a license under § 10–126 of this subtitle.
In the case of an applicant for a limited lines license to act as an insurance producer for limited line credit insurance, the applicant shall complete successfully a program of instruction that is:
provided by an insurer that sells, solicits, or negotiates limited line credit insurance; and
designed to provide a comprehensive and accurate explanation of the product.
The insurer that provides the program of instruction shall retain records relating to the program of instruction while in use and for a period of at least 5 years after its last use.
The records shall include:
copies of the instructional materials; and
a list of the applicants and producers who have successfully completed the program of instruction.
The insurer shall make available to the Commissioner the records relating to the program of instruction at the request of the Commissioner.
Except as otherwise provided in this section, the applicant must pass an examination given by the Commissioner under this subtitle.
An applicant for a limited lines license to act as an insurance producer for limited line credit insurance need not meet the examination requirements of subsection (g) of this section.
An applicant may be licensed as to any particular kind or kinds of insurance.
To qualify for a license as an insurance producer for life insurance, health insurance, annuities, nonprofit health service plans, dental plan organizations, health maintenance organizations, or fraternal benefit societies an individual applicant must meet the requirements of this section.
An applicant must be of good character and trustworthy based on the standards of § 10–126 of this subtitle.
An applicant must be at least 18 years of age.
An applicant may not have committed any act that the Commissioner finds would warrant denial of a license under § 10–126 of this subtitle.
In the case of an applicant for a limited lines license to act as an insurance producer for credit life insurance or credit health insurance, the applicant shall successfully complete a program of instruction that is:
provided by an insurer that sells, solicits, or negotiates limited line credit insurance; and
designed to provide a comprehensive and accurate explanation of the product.
The insurer that provides the program of instruction shall retain records relating to the program of instruction while in use and for a period of at least 5 years after its last use.
The records shall include:
copies of the instructional materials; and
a list of the applicants and producers who have successfully completed the program of instruction.
The insurer shall make the records relating to the program of instruction available to the Commissioner at the request of the Commissioner.
Before taking a written examination, an applicant shall pay the application fee required under § 2–112(a)(6)(vi) of this article.
Except as otherwise provided in this subsection, the applicant must pass an examination given by the Commissioner under this subtitle.
The following applicants are not required to take an examination:
an applicant for a license to act as an insurance producer only for selling credit life insurance or credit accident and health insurance or both to a borrower of money or buyer of goods in connection with a loan or credit transaction;
an applicant for a license to act as an insurance producer for a dental plan organization if the applicant for compensation solicited, procured, or negotiated contracts for dental plan organizations continuously from July 1, 1988, to June 30, 1989;
an applicant for a license to act as an insurance producer for a nonprofit health service plan if the applicant for compensation solicited, procured, or negotiated contracts for nonprofit health service plans continuously from July 1, 1988, to June 30, 1989; or
an applicant for a license to act as an insurance producer for a health maintenance organization if the applicant for compensation solicited, procured, or negotiated contracts for health maintenance organizations continuously from July 1, 1988, to June 30, 1989.
An applicant may be licensed as to any particular kind or kinds of insurance.
This section does not apply to a motor vehicle rental company that applies for a limited lines license to sell insurance in connection with, and incidental to, the rental of a motor vehicle under Subtitle 6 of this title.
To qualify for a license as an insurance producer, a business entity must designate a licensed insurance producer to act as the business entity’s principal contact with the Administration.
The designated insurance producer shall:
provide to the Administration at the time of designation the insurance producer’s name, business address, business telephone number, business facsimile number, and business electronic mail address;
notify the Insurance Administration in writing of any change in the information required by item (1) of this subsection within 10 days after the change;
compile and maintain, to the extent reasonably possible, a list of locations where records of the business entity are maintained; and
on request, cooperate with any investigation conducted by the Administration unless the cooperation is subject to a legal privilege asserted by the designated insurance producer or the business entity.
An individual applicant may not be required to take an examination that relates to any kind of insurance other than as requested by the applicant.
If an individual applicant requests, the examination shall be administered to allow the applicant to be tested in more than one kind of insurance in one day.
An individual applicant for an examination specified in this subtitle or Subtitle 2 or Subtitle 4 of this title shall pay the fee required under this article in the manner specified by the Commissioner.
An individual applicant who otherwise qualifies for a license for insurance other than life insurance, health insurance, or annuities is entitled to be examined as provided in this section.
To determine the competence of an individual applicant as to the kind or subdivision of insurance for which the applicant wants to become licensed, the applicant shall pass a written examination that relates to that kind or subdivision of insurance.
The Commissioner shall adopt reasonable regulations that specify:
the scope, type, conduct, and grading of the written examinations; and
the frequency, times, and locations within the State where the written examinations will be held.
Before taking a written examination, an individual applicant shall pay the application fee required under § 2–112(a)(6)(vi) of this article.
All written examinations shall be graded within 30 days following the date of the examination.
An individual applicant who fails an examination may not take another examination until at least 4 days after the date of the last examination that the applicant failed.
An individual applicant who otherwise qualifies for a license for life insurance, health insurance, annuities, nonprofit health service plans, dental plan organizations, or health maintenance organizations is entitled to be examined as provided in this section.
Each individual applicant must pass a personal written examination to determine:
the competence of the applicant as to life insurance, health insurance, or annuities or to any subdivision of them, including contracts for nonprofit health service plans, vision plans, dental plan organizations, and health maintenance organizations; and
the familiarity of the applicant with the applicable laws of the State.
Each examination must be graded within 30 days after the date of the examination.
An individual applicant who fails an examination may not take another examination until at least 4 days after the date of the last examination that the applicant failed.
The Commissioner shall adopt reasonable regulations that specify:
the scope, type, conduct, and grading of the written examinations; and
the frequency, times, and places in the State where the written examinations will be held.
The Commissioner may appoint an advisory board for life and health insurance and an advisory board for property and casualty insurance to assist the Commissioner in reviewing continuing education courses, examinations, and other matters relating to the education and qualification of insurance producers.
If the Commissioner appoints a life and health insurance advisory board, the life and health insurance advisory board shall consist of at least eight members.
Each member of the advisory board shall be experienced in the business of life insurance or health insurance.
The advisory board:
may include insurance producers and employees or officers of insurers; and
shall include at least two members who are insurance producers with valid licenses issued in the State in that kind of insurance.
If the Commissioner appoints a property and casualty insurance advisory board, the property and casualty insurance advisory board shall consist of at least eight members.
Each member of the advisory board shall be experienced in the business of property insurance or casualty insurance.
The advisory board:
may include insurance producers and employees or officers of insurers; and
shall include at least two members who are insurance producers with valid licenses issued in the State in that kind of insurance.
The term of a member of an advisory board under this section is 4 years.
A member who is appointed after a term has begun serves only for the rest of the term.
A member is eligible for reappointment.
The Commissioner may stagger the terms of members of each advisory board under this section.
A member of an advisory board under this section:
may not receive compensation; but
if authorized by the Commissioner, is entitled to reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget.
The Commissioner may adopt regulations to carry out this section.
A person who applies for a license as a resident insurance producer shall:
in the case of an applicant who is an individual, submit to the Commissioner a uniform application and declare under penalty of refusal, suspension, or revocation of the license that the statements made in the uniform application are true, correct, and complete to the best of the individual’s knowledge and belief;
in the case of an applicant that is a business entity, submit to the Commissioner a uniform business entity application;
pay the applicable fee required by § 2–112 of this article for a license;
file on the form and in the manner that the Commissioner provides:
any trade name to be used by the applicant;
the business address of the applicant; and
the name and residence address of each individual who holds a license and does business under the trade name; and
submit to the Commissioner any additional information or documentation that the Commissioner requires, including any information or documentation to determine the professional competence, good character, and trustworthiness of the applicant.
This subsection does not apply to a motor vehicle rental company that applies for a limited lines license to sell insurance in connection with, and incidental to, the rental of a motor vehicle under Subtitle 6 of this title.
In addition to any other information required on the application, an applicant that is a business entity must:
identify the licensed insurance producer who is designated to act as the business entity’s principal contact with the Administration; and
provide the name and address of each licensed producer employed by the business entity, each individual who has direct control over its fiscal management, and each owner, member, or manager of the business entity and each director of a business entity that is a corporation.
The Commissioner shall issue a license in a kind or subdivision of insurance or a combination of kinds or subdivisions of insurance to each applicant who meets the requirements of this subtitle.
An applicant may qualify for a license in one or more of the following kinds of insurance:
life insurance;
accident and health or sickness insurance;
property insurance;
casualty insurance;
variable life and variable annuity products;
personal lines of property and casualty insurance;
limited line credit insurance; and
any other kind or subdivision of insurance permitted under State law or regulations.
A license shall contain:
the licensee’s name, address, and personal identification number;
the date of issuance;
the kind or subdivision of insurance or combination of kinds or subdivisions of insurance for which the licensee is authorized to act as an insurance producer;
the expiration date; and
any other information that the Commissioner considers necessary.
To help the Department of Assessments and Taxation in identifying new businesses in the State, by August 31 of each year the Commissioner shall provide to the Department of Assessments and Taxation a list of insurance producers that were issued licenses during the previous fiscal year.
The list shall include:
the name and mailing address of each person issued a license; and
the federal tax identification number of each person or, if the person does not have a federal tax identification number, the Social Security number of the person.
The Commissioner shall provide the list free of charge.
A license authorizes the holder of the license to act as an insurance producer for the kind or subdivision of insurance or combination of kinds or subdivisions of insurance specified in the license.
The holder of a license may not use any name other than the name in which the license is issued or a trade name filed with the Commissioner under this subtitle to engage in any activity for which a license is required, including the execution of any document related to marketing, negotiation, selling, or issuance of insurance.
A license does not create any actual, apparent, or inherent authority in the holder to represent or commit an insurer.
Insurance producers may conduct insurance business as a business entity if each individual who solicits, negotiates, or accepts insurance business from the public holds a license in the kind or subdivision of insurance for which the individual acts as an insurance producer and, if applicable, an appointment from an insurer.
Licenses expire every other year on the date stated on the license unless renewed as provided in this section.
If a license expires under paragraph (1) of this subsection, the appointments held by the insurance producer shall be terminated as of the day of the expiration of the license.
At least 1 month before a license expires, the Commissioner shall send to the holder of the license, at the last known address or electronic mail address of the holder on record a notice that states:
the process for renewing the license;
the date by which the Commissioner must receive the renewal application; and
the amount of the renewal fee.
Subject to subsection (g) of this section, before a license expires, the holder of the license may renew it for an additional 2–year term, if the holder:
otherwise is entitled to a license;
files with the Commissioner a renewal application:
on the form that the Commissioner provides; or
in an electronic format that the Commissioner approves;
completes the continuing education requirements established under § 10–116 of this subtitle; and
pays to the Commissioner the renewal fee required by § 2–112 of this article.
A license renewed under this section shall have an expiration date that is the last day of the month in which the holder of the license was born.
If mailed, an application for renewal of a license shall be considered made in a timely manner if it is postmarked on or before the expiration date of the license.
If submitted electronically, an application for renewal of a license shall be considered made in a timely manner if, on or before the expiration date of the license, the application:
is addressed properly or otherwise directed properly to an information processing system that the Administration has designated or uses for the purpose of receiving electronic applications and from which the Administration is able to retrieve the application;
is in a form capable of being processed by that system; and
enters an information processing system outside the control of the sender or of a person that sent the electronic application on behalf of the sender; or
enters a region of the information processing system designated or used by the Administration that is under the control of the Administration or an agent of the Administration.
The Commissioner shall renew the license of each holder who meets the requirements of this section.
If the holder of a license complies with subsections (b) and (c) of this section before the license expires, the license remains in effect until the decision of the Commissioner regarding the application for renewal is final.
A license is considered renewed for purposes of this subsection if the license is issued to a person for the period immediately following a period for which the person previously possessed the same or a substantially similar license.
Before a license may be renewed under this section, the Commissioner shall verify through the Office of the Comptroller that the applicant has paid all undisputed taxes and unemployment insurance contributions payable to the Comptroller or the Secretary of Labor or that the applicant has provided for payment in a manner satisfactory to the unit responsible for collection.
The Commissioner may adopt regulations to:
carry out this section; and
develop a staggered system of renewals for licenses of insurance producers.
Subject to subsections (b) and (c) of this section, the Commissioner shall require an insurance producer to receive continuing education as a condition of renewing the license of the insurance producer.
An insurance producer shall complete the continuing education required under paragraph (1) of this subsection not later than 15 days before the expiration date of the insurance producer’s license.
The Commissioner may not require an individual who holds a license to receive more than 24 hours of continuing education per renewal period.
If the individual holds a title insurance producer license, the Commissioner may not require the insurance producer to receive more than 16 hours of continuing education per renewal period.
If an insurance producer has held a license for 25 or more consecutive years as of October 1, 2008, the Commissioner may not require the insurance producer to receive more than 8 hours of continuing education per renewal period.
The Commissioner may not require an insurance producer to receive more than 16 hours of continuing education in a renewal period if the insurance producer is also a licensed funeral director or licensed mortician who:
sells only life insurance policies or annuity contracts that fund a pre–need contract as defined in § 7–101 of the Health Occupations Article; and
is not a viatical settlement broker as defined in § 8–601 of this article.
Of the required hours of continuing education per renewal period required under subparagraphs (i), (ii), (iii), and (iv) of this paragraph, at least 3 hours shall relate directly to ethics.
Subject to paragraph (5) of this subsection, an insurance producer may satisfy the continuing education requirements of this subsection by submitting to the Commissioner or Commissioner’s designee:
proof that the insurance producer has completed the required hours of continuing education for the applicable renewal period; or
proof that the insurance producer has completed at least 8 hours of continuing education for the applicable renewal period and an affidavit that, over the previous 25 consecutive years, the insurance producer continually:
has held a license in the State; and
has been employed in the selling of insurance in the State.
To increase the level of education of insurance producers, an insurance producer shall obtain continuing education in the kind or subdivision of insurance for which the insurance producer has received a license.
Each insurance producer who possesses a license to sell health insurance and who sells long–term care insurance shall receive continuing education that directly relates to long–term care insurance.
Each insurance producer who possesses a license to sell property and casualty insurance and who sells flood insurance shall receive continuing education that directly relates to flood insurance.
Each insurance producer who possesses a license to sell property and casualty insurance and who sells, solicits, or negotiates bail bonds shall receive continuing education that directly relates to bail bond insurance.
Each insurance producer who possesses a license to sell health insurance and who markets the Senior Prescription Drug Assistance Program or assists a Medicare beneficiary to enroll in the Senior Prescription Drug Assistance Program shall receive continuing education that directly relates to the Senior Prescription Drug Assistance Program.
If continuing education is required, the Commissioner may grant a waiver to an insurance producer who has requested a waiver for reasons that the Commissioner determines warrant the waiver.
An insurer may not prohibit one of its insurance producers from obtaining continuing education credits from any course approved by the Commissioner.
The following individuals are exempt from the continuing education requirements under this section:
employees of a health maintenance organization who are employed solely to solicit membership in the health maintenance organization under a contract between the health maintenance organization and the Maryland Department of Health;
attorneys at law of the State who are qualified as title insurance producers and who do not hold a license in any other kind or subdivision of insurance;
individuals who hold only a limited lines license to act as an insurance producer for limited line credit insurance; and
insurance producers who hold only a limited lines license in any type of insurance designated by the Commissioner.
A nonresident licensee shall be deemed to have met the continuing education requirements of this section if:
the nonresident licensee satisfies the continuing education requirements of the home state of the nonresident licensee; and
the home state of the nonresident licensee allows an insurance producer who is a resident of this State to satisfy the continuing education requirements of the home state on the same basis by meeting the continuing education requirements of this State.
The Commissioner may review all continuing education courses submitted and approve or disapprove courses.
The Commissioner may not disapprove a continuing education course solely on the basis of the methodology or technology used to deliver instruction to individuals taking the course.
An insurance producer may obtain all or part of the credit hours of continuing education required for renewal of a license under this section from correspondence courses or online courses approved by the Commissioner.
This subsection applies to all insurance producers who are required to receive continuing education as a condition of license renewal under this section, regardless of the kind or subdivision of insurance for which the insurance producer has received a license.
The Commissioner shall adopt regulations to carry out this section.
The regulations adopted by the Commissioner under paragraph (1) of this subsection shall require providers of continuing education to submit evidence of course completion to the Commissioner or the Commissioner’s designee within 10 days after completing a course of continuing education.
This section does not limit the authority of the Commissioner to review, approve, or disapprove continuing education courses, examinations, and other matters relating to the education and qualification of insurance producers.
For up to 1 year after the expiration date, a person whose license has expired may reinstate the expired license by:
filing with the Commissioner the appropriate reinstatement application;
paying to the Commissioner:
the applicable renewal fee under § 2-112 of this article; and
a reinstatement fee of $100; and
submitting proof of completion of the continuing education requirements in § 10-116 of this subtitle.
A person whose license has expired is prohibited from conducting any insurance business until the effective date of reinstatement of the license.
If a person applies for reinstatement of an expired license within 60 days after the license expired, the Commissioner shall reinstate the license retroactively, with the reinstatement effective on the date that the person’s license expired.
If a person applies for reinstatement of an expired license more than 60 days after the license expired, the Commissioner shall reinstate the person’s license prospectively, with the reinstatement effective on the date that the license is reinstated.
A person who does not comply with subsection (a) of this section on or before 1 year after the expiration date shall apply for a license under § 10-111 of this subtitle and meet the requirements specified by the Commissioner in regulation.
The Commissioner may adopt regulations to carry out this section.
The Commissioner may waive the reinstatement procedures of this section for an insurance producer who is unable to comply with the renewal and reinstatement procedures due to:
service in the uniformed services; or
other extenuating circumstances, including a long–term medical disability.
To change, add to, or delete from a license, the insurance producer shall file with the Commissioner in the form that the Commissioner requires the change or addition to or deletion from the license.
A licensee shall file with the Commissioner by any means acceptable to the Commissioner a change in legal name, trade name, electronic mail address, or address within 30 days of the change.
If a licensee fails to timely file with the Commissioner a change in legal name, trade name, electronic mail address, or address, the licensee is in violation of § 10–126(a)(1) of this subtitle.
In this section, “producer register” means a register of appointed insurance producers who are authorized to sell, solicit, or negotiate contracts of insurance on behalf of an insurer.
An insurer authorized to transact the business of insurance in the State shall maintain a producer register.
Within 30 days of the insurer appointing an insurance producer, the insurer shall include the following information in the insurer’s producer register:
the insurance producer’s name;
the license number assigned to the insurance producer by the Commissioner;
the date that the insurer appointed the insurance producer; and
any additional information that the Commissioner may require.
An insurer shall send written documentation of the appointment to the insurance producer.
A licensed insurance producer that has been appointed by an insurer shall maintain:
documentation of the insurer’s appointment; and
a list of the insurers that have appointed the producer.
The insurer’s producer register and the producer’s record relating to an appointment:
shall be open to inspection and examination by the Commissioner; and
may be maintained electronically.
Except as provided in paragraph (3) of this subsection, an insurance producer may not act on behalf of an insurer unless the insurance producer has received written documentation of the appointment from the insurer.
An insurer may initially accept an application for life insurance, health insurance, or an annuity from an insurance producer who is not appointed by the insurer and is not on the insurer’s producer register if, within 30 days of accepting the application, the insurer:
rejects the application in accordance with § 27-501 of this article; or
appoints the insurance producer and enters in the insurer’s producer register the information required by subsection (b) of this section.
When there is any termination of the appointment, employment, contract, or other insurance business relationship with an insurance producer, the insurer shall, within 30 days following the effective date of the termination, update the insurer’s producer register by entering the effective date of the termination.
An insurer or authorized representative of an insurer shall notify the Commissioner of the termination of an appointment when the termination, in whole or in part, is a result of the belief that the producer has engaged or is engaging in any of the activities set forth in § 10-126 of this subtitle, including any finding made by a court, governmental unit, or self-regulatory organization authorized by law that:
the insurance producer has violated § 10-126 of this subtitle; or
the insurance producer has engaged in any activities that are set forth in § 10-126 of this subtitle.
On written request of the Commissioner, the insurer shall provide additional information, documents, records, or other data pertaining to:
the termination; or
the activities of the insurance producer if the insurance producer was terminated for cause due to a reason set forth in § 10-126 of this subtitle.
If the appointment of an insurance producer is terminated because the insurance producer failed to renew the insurance producer’s license and the license is reinstated under § 10-116.1(c)(1) of this subtitle, an insurer may reappoint the insurance producer retroactively, with the appointment effective on the date that the license expired.
An insurer or authorized representative of an insurer promptly shall notify the Commissioner, in a format acceptable to the Commissioner, of any additional information that:
the insurer discovers on further review or investigation; and
would have been reportable to the Commissioner under subsection (e) of this section if the insurer had then known of its existence.
Within 15 days after providing notice to the Commissioner that is required by subsection (e) of this section, an insurer shall mail a copy of the notice to the insurance producer:
at the last known address of the insurance producer; and
by certified mail, return receipt requested, postage prepaid or by overnight delivery using a nationally recognized carrier.
Within 30 days after an insurance producer receives original or additional notice, the insurance producer may file with the Commissioner written comments concerning the substance of the notice.
If an insurance producer files comments with the Commissioner, the insurance producer shall, by the same means, simultaneously send a copy of the comments to the reporting insurer.
If the Commissioner receives comments from an insurance producer, the Commissioner shall:
make the comments part of the Commissioner’s file on the subject; and
include a copy of the comments with every copy of a report about the insurance producer that is distributed or disclosed for any reason permitted by subsection (i) of this section.
This subsection applies to:
an insurer;
an authorized representative of an insurer;
an insurance producer;
the Commissioner; and
an organization of which the Commissioner is a member that compiles information required under this section and makes it available to other insurance commissioners or regulatory or law enforcement agencies.
In the absence of actual malice, a person to whom this subsection applies and the agents and employees of the person are not subject to civil liability of any nature as a result of:
any statement or information required by or provided under this section; or
any information relating to any statement that may be requested in writing by the Commissioner from an insurer or insurance producer.
If a party brings an action against a person that may have immunity under paragraph (2) of this subsection for making a statement required by or under this section or providing any information relating to any statement that may be requested by the Commissioner, the party bringing the action shall plead specifically in any allegation that paragraph (2) of this subsection does not apply because the person making the statement or providing the information did so with actual malice.
This subsection does not abrogate or modify any existing statutory or common law privileges or immunities.
This subsection applies only to any document, material, or other information in the control or possession of the Insurance Administration that is:
furnished by an insurer or insurance producer or an employee or agent acting on behalf of the insurer or insurance producer under this section; or
otherwise obtained by the Commissioner in an investigation under this section.
Any document, material, or other information that is subject to this subsection is:
confidential and privileged;
not subject to Title 4 of the General Provisions Article;
not subject to subpoena; and
not subject to discovery or admissible in evidence in any private civil action.
Notwithstanding paragraph (2) of this subsection, the Commissioner may use any document, material, or other information that is subject to this section to further any regulatory or legal action brought as part of the duties of the Commissioner.
The Commissioner and any person who received any document, material, or other information to which this subsection applies while acting under the authority of the Commissioner may not be allowed or required to testify in any private civil action concerning the document, material, or information.
Provided that the recipient agrees to maintain any confidentiality and privileged status, the Commissioner may share a document, material, or other information, including a document, material, or other information that is confidential and privileged under this subsection, with:
other State, federal, or international regulatory agencies;
the National Association of Insurance Commissioners and its affiliates or subsidiaries; or
State, federal, or international law enforcement authorities.
If the Commissioner determines that a confidential document, material, or other information that has been shared through a database or other electronic filing system is inaccurate or incomplete in any way, the Commissioner shall update the information in the database or other electronic filing system so that the information is accurate and complete.
The Commissioner may receive a document, material, or information, including a document, material, or information that is otherwise confidential and privileged, from:
the National Association of Insurance Commissioners or its affiliates or subsidiaries; or
regulatory and law enforcement officials of other foreign or domestic jurisdictions.
The Commissioner shall maintain as confidential and privileged any document, material, or information received under this paragraph with notice or the understanding that it is confidential or privileged under the laws of the jurisdiction that is the source of the document, material, or information.
The Commissioner may enter into agreements governing sharing and use of information consistent with this subsection.
There is no waiver of any applicable privilege or claim of confidentiality in a document, material, or information as a result of:
disclosure of the document, material, or information to the Commissioner under this section; or
sharing of the document, material, or information by the Commissioner under paragraph (5) of this subsection.
This subtitle does not prohibit the Commissioner from releasing final adjudicated actions, including for–cause terminations, that are open to public inspection under Title 10, Subtitle 6 of the State Government Article, to a database or other clearinghouse service maintained by the National Association of Insurance Commissioners or its affiliates or subsidiaries.
The Commissioner may adopt regulations to carry out this section.
Except as otherwise provided in this section, the Commissioner shall waive any license application requirements for an applicant who is not a resident of this State if:
the applicant has a valid license from the home state of the applicant; and
the home state of the applicant awards nonresident licenses to residents of this State on the same basis.
Subject to paragraph (2) of this subsection and unless denied a license under § 10–126 of this subtitle, a person that is not a resident of this State may obtain a nonresident license to act as an insurance producer if:
the person currently is licensed as a resident insurance producer and in good standing in the person’s home state;
the person has submitted or transmitted to the Commissioner the application for licensure that the person submitted to the person’s home state or a completed uniform application;
the person has paid the applicable fee under § 2–112 of this article; and
the person’s home state awards nonresident insurance producer licenses to residents of this State on the same basis.
An individual who applies for an insurance producer license in this State who was previously licensed for the same lines of authority in another state need not comply with the examination requirements of §§ 10–104, 10–105, and 10–107 through 10–109 of this subtitle if:
the person currently is licensed as an insurance producer in the home state of the person;
the application is received by the Commissioner within 90 days after the cancellation of the applicant’s previous license and the prior state issues a certification that, at the time of cancellation, the applicant was in good standing in that state; or
the state’s producer database records, maintained by the National Association of Insurance Commissioners, its affiliates or subsidiaries, indicate that the producer is or was licensed in good standing for the line of authority requested.
In order to maintain a nonresident license in the State, a person must be:
currently licensed as a resident insurance producer in the person’s home state; and
in good standing in the person’s home state.
The Commissioner may verify the licensing status of a nonresident insurance producer through the producer database maintained by the National Association of Insurance Commissioners, its affiliates or subsidiaries.
Notwithstanding any other provision of this subtitle, a person licensed as a limited line credit insurance producer or other type of limited lines insurance producer in the person’s home state is entitled to receive a nonresident limited lines insurance producer license under subsection (b) of this section granting the same scope of authority as granted under the license issued by the person’s home state.
Notwithstanding any other provision of this subtitle, a person licensed as a surplus lines broker in the person’s home state is entitled to receive a nonresident certificate of qualification as a surplus lines broker under subsection (b) of this section.
Except for subsection (b) of this section, nothing in this section supersedes any provision of Title 3, Subtitle 3 of this article.
A nonresident insurance producer who moves from one state to another state or a resident producer who moves from this State to another state shall:
file with the Commissioner a change of address; and
provide to the Commissioner certification from the new resident state within 30 days after the change of legal residence.
The Commissioner may not charge a fee or require a license application following a change of legal residence.
A person licensed as an insurance producer in another state who moves to this State shall apply to become licensed as a resident insurance producer under § 10–111 of this subtitle within 90 days after establishing legal residence in this State.
If the person applies to become licensed as a resident insurance producer within 90 days after establishing legal residence in the State, the person need not comply with the examination requirements of §§ 10–104, 10–105, and 10–107 through 10–109 of this subtitle to obtain a license for any line of authority that the person previously held in the prior state, except where the Commissioner determines otherwise by regulation.
The Commissioner may cancel the license of a nonresident insurance producer after receiving notice that the person is no longer licensed in the person’s home state.
Without regard to the examination requirements of this subtitle, the Commissioner may issue a temporary license to act as an insurance producer to an individual if the individual:
is otherwise qualified; and
is:
the surviving spouse, next of kin, personal representative, or appointee of the personal representative, of a deceased insurance producer;
the spouse, next of kin, employee, or legal guardian of a mentally or physically disabled insurance producer; or
an employee of a firm, or an officer or employee of a corporation, of a deceased or disabled insurance producer.
Before a person acts as a temporary insurance producer in the State, the person must obtain:
a temporary license in the kind or subdivision of insurance for which the person intends to act as an insurance producer; and
if applicable, an appointment from an insurer.
An applicant for a temporary license shall:
file with the Commissioner an application on the form that the Commissioner provides; and
pay to the Commissioner the applicable fee required by § 2-112 of this article.
Within 30 days after the date an application is received, the Commissioner shall:
issue a temporary license to the applicant; or
refuse in writing to issue a temporary license, stating the reasons for the refusal.
A temporary license issued under subsection (a) of this section expires 15 months after its effective date.
In this section the following words have the meanings indicated.
“Controlling person” means an individual who exercises day–to–day direct control over the operation of a title agency doing business in the State, irrespective of whether the person is an officer, a manager, or an owner.
“Entity authorization” means a resolution or consent document executed in accordance with the formalities and governing provisions of the particular business entity and verified under oath.
“Owner” means a person that individually, or through one or more ownership tiers, ultimately holds a 10% or more equity interest in the business entity applying for a title insurance producer license or renewal of a title insurance producer license.
“Title agency” has the meaning stated in § 10–125(a)(4) of this subtitle.
“Trust money” means a deposit, a payment, or any other money that a person entrusts to a licensed title insurance producer in connection with the provision of escrow, closing, or real estate settlement services relating to property within the State.
“Trust money controller” means a person within a title agency who has day–to–day direct control over trust money.
Except as provided in paragraph (2) of this subsection, only a licensed title insurance producer may exercise control over trust money.
Paragraph (1) of this subsection does not apply to trust money that is entrusted to:
a law firm as defined in § 10–125 of this subtitle; or
a title insurer.
A person may not convert or misappropriate money received or held in escrow or trust while:
acting as a title insurance producer; or
providing any escrow, closing, or settlement services.
Each controlling person and each trust money controller shall hold a license to act as a title insurance producer and, if applicable, an appointment with a title insurer.
If an applicant for a license is a business entity, the application shall be accompanied by an entity authorization that:
identifies each controlling person;
designates each person that will be a trust money controller for the title agency;
identifies each owner; and
identifies each officer, director, manager, general partner, or other person designated by the business entity to act as the business entity’s principal contact with the Administration.
When the application of a business entity for a license as a title insurance producer is submitted, the Commissioner shall investigate the character of each person identified as a controlling person and each person identified as a trust money controller in the entity authorization included with the application.
In addition to meeting any of the applicable requirements for a license to act as an insurance producer under this subtitle, a business entity applicant for a license as a title insurance producer shall file with the Commissioner:
a blanket fidelity bond covering appropriate employees and title insurance producer independent contractors; and
a blanket surety bond; or
a letter of credit.
Unless the Commissioner approves a lesser amount, each bond or letter of credit shall be for $150,000.
The Commissioner may adopt regulations that specify when it is appropriate for a bond or letter of credit to be less than $150,000.
Notwithstanding paragraph (2) of this subsection, the Commissioner may waive the requirement for a bond or letter of credit if the Commissioner finds that bonds are not generally available or reasonably affordable.
The Commissioner shall make a specific finding that states the reason for accepting a bond or letter of credit for less than $150,000.
The surety bond or letter of credit shall be for the benefit of any person that suffers a loss if the title insurance producer converts or misappropriates money received or held in escrow or trust while:
acting as a title insurance producer; or
providing any escrow, closing, or settlement services.
The fidelity bond shall be for the benefit of the employer of the title insurance producer who suffers any loss as described in paragraph (1) of this subsection.
The total liability of the surety insurer under each bond or letter of credit may not exceed $150,000.
The title insurance producer shall file the bond or letter of credit with the Commissioner:
after the Commissioner notifies the title insurance producer of the approval of the application for a license; and
before the Commissioner issues the license.
Each bond or letter of credit shall remain in force until:
the surety insurer is released from liability by the Commissioner; or
the bond or letter of credit is canceled by the surety insurer.
A surety insurer shall notify the title insurance producer and the Commissioner at least 30 days before canceling a bond or letter of credit.
If a surety insurer fails to notify the title insurance producer and the Commissioner as required by paragraph (2) of this subsection, the bond or letter of credit remains in effect until the surety insurer notifies the title insurance producer and the Commissioner.
A cancellation under this subsection does not affect any liability that occurred during the life of the bond or letter of credit and before the date of cancellation.
Before the Commissioner renews the license of a title insurance producer, the title insurance producer shall submit satisfactory evidence of compliance with this section.
If a title insurance producer has been charged with a violation of this section or this article that could result in suspension or revocation of the license of the title insurance producer, the Commissioner may seek an immediate restraining order from a circuit court to prohibit the title insurance producer from providing title insurance, escrow, closing, or settlement services.
A restraining order issued by a court under this subsection is effective until:
the court lifts the restraining order; or
the charges are dismissed or adjudicated.
Except as provided in paragraph (5) of this subsection, the title insurer shall during each calendar year conduct an annual review of the underwriting, claims, and escrow practices of each title insurance producer appointed by the insurer as a principal agent as designated in the title insurance agency contract between the insurer and the producer.
The annual review shall include a review of the title insurance producer’s or agency’s policy issuing and processing operations.
The annual review may be conducted:
at the place of business of the title insurance producer;
remotely by using mail, overnight delivery, or electronic means; or
using any combination of items 1 and 2 of this subparagraph.
If the title insurance producer or agency does not maintain separate bank or trust accounts for each title insurer it represents, the title insurer shall verify that the funds held on its behalf are reasonably ascertainable from the books of account and records of the title insurance producer or agency.
Subject to the requirement under paragraph (3) of this subsection to report suspected violations that the title insurer has reasonable cause to believe have occurred, if the title insurance producer or title agency holds an appointment with more than one title insurer, the title insurer may limit its review to files, separately held accounts, and written documentation relating to its title insurance policies.
A written report setting forth the results of the annual review shall be prepared by the title insurer and is subject to examination under § 2–205 of this article.
If, as a result of the annual review, a title insurer has reasonable cause to believe that a title insurance producer or agency has engaged in any of the prohibited activities set forth in § 10–126 of this subtitle, the title insurer shall report in writing the suspected violation to the Commissioner in the report prepared under paragraph (2) of this subsection in a form and format created by the Commissioner.
The annual review required under this section is in addition to any examination conducted by the Commissioner to determine compliance with the accounts maintained for the benefit of the Maryland Affordable Housing Trust under § 22–105 of this article.
The title insurer is not required to perform the annual review of a title insurance producer for the calendar year during which the title insurance producer is initially appointed if the appointment is made on or after June 30 of that calendar year.
A title insurance producer shall notify any title insurer with whom the title insurance producer holds an appointment whenever a person licensed under this subtitle becomes employed by, or associated with, the title insurance producer.
The bonding requirements of this subtitle relating to title insurance producers do not apply to an employee or officer of an authorized title insurer.
A title insurance producer shall notify the Commissioner, and any insurer with whom the title insurance producer holds an appointment, if an individual licensed under this subtitle leaves the employment of or ends an association with the title insurance producer.
The title insurance producer required to provide notice under this subsection shall notify the Commissioner within 5 working days after the day the individual leaves employment or ends the association.
The notice required under this subsection shall be:
in writing; and
sent by certified mail or by electronic means in accordance with § 2–116 of this article.
Notwithstanding subsections (e) and (g) of this section, a title insurance producer independent contractor who provides escrow closing or settlement services that may result in the issuance of a title insurance contract for or on behalf of a title insurance producer is not required to file a blanket fidelity bond, blanket surety bond, or letter of credit with the Commissioner.
In addition to any requirements under this subtitle, title insurance producers shall comply with this section.
A title insurance producer may not use or accept the services of a title insurance producer independent contractor unless the title insurance producer independent contractor:
holds an appointment with the title insurer with which the contract of title insurance may be placed; and
is covered under the title insurance producer’s:
blanket fidelity bond; and
blanket surety bond or letter of credit.
A title insurance producer that uses the services of a title insurance producer independent contractor is:
the legal principal of the title insurance producer independent contractor; and
liable for all actions of the title insurance producer independent contractor, including unintentional conduct, that occurs within the scope of the title insurance producer’s independent contractor’s employment.
When a mortgage or deed of trust is executed in a transaction in which a title insurance producer independent contractor is acting for or on behalf of a title insurance producer, there shall be included on or with the recorded mortgage or deed of trust the name, address, and license number of the title insurance producer independent contractor and the title insurance producer for which the title insurance producer independent contractor is acting.
Without regard to the examination requirements of this subtitle, the Commissioner may issue a limited lines license to an individual who or a business entity that sells travel insurance.
A limited lines license issued under this section authorizes the holder to act as an insurance producer only as to travel insurance.
The Commissioner may require and provide special forms requiring information the Commissioner considers proper in connection with the application for or renewal of limited lines licenses issued under this section.
Notwithstanding any other law, a travel retailer may offer and disseminate travel insurance on behalf of and under the license of a limited lines travel insurance producer only if the provisions of this paragraph are met.
The limited lines travel insurance producer or travel retailer shall provide in writing to a purchaser of travel insurance:
a description of the material terms or the actual terms of the insurance coverage;
a description of the process for filing a claim;
a description of the review or cancellation process for the travel insurance policy;
a disclosure that:
the offered insurance coverage may duplicate certain provisions of insurance coverage already provided by the purchaser’s homeowner’s insurance, renter’s insurance, health insurance, or similar insurance coverage; and
the purchase of travel insurance would make the travel insurance coverage primary to any other duplicate or similar coverage;
the identity and contact information of the insurer and limited lines travel insurance producer; and
contact information for filing a complaint with the Commissioner.
At the time of licensure, the limited lines travel insurance producer shall establish and maintain a register, on a form the Commissioner requires, of each travel retailer that offers and disseminates travel insurance on behalf of the limited lines travel insurance producer.
The limited lines travel insurance producer shall:
submit the register for inspection by the Commissioner as the Commissioner requires; and
include in the register the name, address, and contact information of the travel retailer and an officer or a person who directs or controls the travel retailer’s operations, and the travel retailer’s federal tax identification number.
The limited lines travel insurance producer shall also certify that each travel retailer on the register maintained by the limited lines travel insurance producer complies with 18 U.S.C. § 1033.
The limited lines travel insurance producer shall designate one of its employees who holds a limited lines license under this section as a designated responsible person to ensure the limited lines travel insurance producer’s compliance with the laws and regulations for travel insurance in the State.
The designated responsible person described in subsubparagraph 1 of this subparagraph or the president, secretary, treasurer, and any other officer or person of the limited lines travel insurance producer who directs or controls the operations of the limited lines travel insurance producer shall comply with fingerprinting requirements applicable to insurance producers in the State.
The limited lines travel insurance producer shall be in good standing with the Commissioner with respect to its license.
The limited lines travel insurance producer shall require each employee or authorized representative of the travel retailer whose duties include offering and disseminating travel insurance to receive a program of instruction or training, which shall be subject to review by the Commissioner.
The training material shall contain, at a minimum, instruction on the types of insurance offered, ethical sales practices, and required disclosures to prospective customers.
A travel retailer offering or disseminating travel insurance on behalf of a limited lines travel insurance producer shall make available to a prospective purchaser brochures or other written materials that:
provide the identity and contact information of the limited lines travel insurance producer overseeing the activities of the travel retailer;
explain that the purchase of travel insurance is not required in order to purchase any other product or service from the travel retailer; and
explain that a travel retailer:
is allowed to provide general information about the insurance offered and disseminated by the travel retailer, including a description of the coverage and price; but
is not qualified or authorized to answer technical questions about the terms and conditions of the insurance offered by the travel retailer or to evaluate the adequacy of the customer’s existing insurance coverage.
A travel retailer’s employee or authorized representative who is not licensed as a limited lines travel insurance producer under this section may not:
evaluate or interpret the technical terms, benefits, and conditions of the offered travel insurance coverage;
evaluate or provide advice concerning a prospective purchaser’s existing insurance coverage; or
hold himself or herself out as a limited lines travel insurance producer, any other insurance producer, or an insurance expert.
A travel retailer whose insurance related activities, and those of its employees or authorized representatives, are limited to offering and disseminating travel insurance on behalf of and under the direction of a limited lines travel insurance producer under this section may receive compensation when listed on a register maintained by the limited lines travel insurance producer in accordance with paragraph (1)(iii) of this subsection.
A travel retailer may not compensate an employee or authorized representative for insurance related activities in a manner that is based primarily on the number of customers who purchase travel insurance coverage.
This section may not be construed to prohibit payment of compensation to a travel retailer or its employees or authorized representatives for activities under the limited lines travel insurance producer’s license that are incidental to the travel retailer’s or its employee’s or authorized representative’s overall compensation.
The limited lines travel insurance producer:
is responsible for the acts of the travel retailer; and
shall use reasonable means to ensure compliance by the travel retailer with this section.
On application, the Commissioner shall issue to an individual qualified in accordance with this subtitle a license that is limited to the business of selling motor vehicle insurance coverages only, including bodily injury liability, property damage liability, and automobile physical damage.
Without regard to the examination requirements of this subtitle, the Commissioner may issue a limited lines license to an individual who is employed by a health maintenance organization solely to solicit membership in the health maintenance organization under a contract:
between the health maintenance organization and the Maryland Department of Health; and
in accordance with which the Maryland Department of Health obtains prepaid comprehensive health care services for recipients of medical assistance under § 15–105 of the Health – General Article.
The annual license fee is provided in § 2–112 of this article.
In this section the following words have the meanings indicated.
“Attorney” means an individual admitted to practice law by the Supreme Court of Maryland of the State.
“Law firm” means an association of attorneys in a law partnership, professional corporation, sole proprietorship, or other business entity who:
are primarily engaged in the practice of law; and
solicit, procure, or negotiate title insurance contracts only as an incident to the practice of law.
“Law firm” includes a sole practitioner.
“Law firm” does not include:
an attorney or an association of attorneys who own, operate, or share an interest in a title agency; or
an attorney who is employed by a title agency as a title insurance producer.
“Title agency” means a business entity, other than a law firm, formed for the primary purpose of soliciting, procuring, or negotiating title insurance contracts and providing settlement services.
“Title agency” includes a sole proprietor, partnership, or corporation.
Subject to this section, the Commissioner may issue a limited lines license to an attorney who solicits, procures, or negotiates title insurance contracts to act as a title insurance producer.
All licensing provisions of this subtitle apply to:
an attorney who solicits, procures, or negotiates title insurance contracts; and
title agencies even if the title agency is established or owned by an attorney or an association of attorneys.
Notwithstanding any other provision of this subtitle:
the licensing, bonding, and examination requirements of this subtitle relating to title insurance producers do not apply to law firms; and
except as otherwise provided in paragraph (2) of this subsection, the bonding and examination requirements of this subtitle relating to title insurance producers do not apply to attorneys.
The bonding requirements of this subtitle are applicable to:
an attorney or an association of attorneys who own, operate, or share an interest in a title agency; and
an attorney who is employed by a title agency as a title insurance producer.
The Commissioner may deny a license to an applicant under §§ 2–210 through 2–214 of this article, or suspend, revoke, or refuse to renew or reinstate a license after notice and opportunity for hearing under §§ 2–210 through 2–214 of this article if the applicant or holder of the license:
has willfully violated this article or another law of the State that relates to insurance;
has intentionally misrepresented or concealed a material fact in the application for a license;
has obtained or attempted to obtain a license by misrepresentation, concealment, or other fraud;
has misappropriated, converted, or unlawfully withheld money belonging to an insurer, insurance producer, beneficiary, or insured;
has willfully and materially misrepresented the provisions of a policy;
has committed fraudulent or dishonest practices in the insurance business;
has participated, with or without the knowledge of an insurer, in selling motor vehicle insurance without an actual intent to sell the insurance, as evidenced by a persistent pattern of filing certificates of insurance together with or closely followed by cancellation notices for the insurance;
has been convicted by final judgment in any state or federal court of a felony or crime involving moral turpitude;
has knowingly participated in writing or issuing substantial over–insurance of property insurance risks;
has failed an examination required by this subtitle;
has willfully failed to comply with or has willfully violated a proper order, subpoena, or regulation of the Commissioner or the insurance regulatory authority of another state;
has failed or refused to pay over on demand money that belongs to an insurer, insurance producer, or other person entitled to the money;
has otherwise shown a lack of trustworthiness or competence to act as an insurance producer;
is not or does not intend to carry on business in good faith and represent to the public that the person is an insurance producer;
has been denied a license or certificate in another state or has had a license or certificate suspended or revoked in another state;
has intentionally or willfully made or issued, or caused to be made or issued, a statement that materially misrepresents or makes incomplete comparisons about the terms or conditions of a policy or contract issued by an authorized insurer, for the purpose of inducing or attempting to induce the owner of the policy or contract to forfeit or surrender it or allow it to lapse in order to replace it with another;
has transacted insurance business that was directed to the applicant or holder for consideration by a person whose license or certificate to engage in the insurance business at the time was suspended or revoked, and the applicant or holder knew or should have known of the suspension or revocation;
has solicited, procured, or negotiated insurance contracts for an unauthorized insurer, including contracts for nonprofit health service plans, dental plan organizations, and health maintenance organizations;
has knowingly employed or knowingly continued to employ an individual acting in a fiduciary capacity who has been convicted of a felony or crime of moral turpitude within the preceding 10 years;
has forged another’s name to an application for insurance or to any document related to an insurance transaction;
has improperly used notes or any other reference material to complete an examination for a license;
has failed to pay income tax or related interest or penalty under:
an assessment under the Tax – General Article that is final and no longer subject to review by the tax court; or
an order of the tax court that is final and no longer subject to judicial review; or
in providing information under § 10–118 of this subtitle regarding the termination of an appointment with an insurer, has made an inaccurate statement with actual malice.
The Commissioner may deny a license to an applicant business entity under §§ 2–210 through 2–214 of this article, or suspend, revoke, or refuse to renew or reinstate a license of a business entity after notice and opportunity for hearing under §§ 2–210 through 2–214 of this article, if an individual listed in paragraph (2) of this subsection has:
violated any provision of this subtitle;
been convicted of a felony, a crime of moral turpitude, or any criminal offense involving dishonesty or breach of trust; or
had any professional license suspended or revoked for a fraudulent or dishonest practice.
This subsection applies in any case that involves a business entity if the violation was committed by an individual who is:
an insurance producer;
in the case of a limited liability company, an officer, director, member, or manager;
in the case of a partnership, a partner; and
in the case of a corporation, a director, officer, or owner; or
an individual with direct control over the fiscal management of the business entity.
Instead of or in addition to suspending or revoking the license, the Commissioner may impose on the holder of the license a penalty of not less than $100 but not exceeding $5,000 for each violation of this article.
Instead of or in addition to suspending or revoking the license, the Commissioner may require that restitution be made to any citizen who has suffered financial injury because of the violation of this article.
If the license is suspended under this section, the Commissioner may require the individual to pass an examination and file a new application before the suspension is lifted.
Within 30 days after the final disposition of the matter, an insurance producer shall report to the Commissioner any adverse administrative action taken against the insurance producer:
in another jurisdiction; or
by another governmental unit in this State.
The report shall include a copy of the order, consent order, and any other relevant legal documents.
In this subsection, the term “charging document” means a written accusation alleging that a defendant has committed an offense.
In this subsection, the term “charging document” includes:
a citation;
an indictment;
an information; and
a statement of charges.
This subsection does not apply to a misdemeanor violation of the Maryland Vehicle Law or the vehicle law of another jurisdiction.
If an insurance producer is prosecuted for a crime in any jurisdiction, the insurance producer shall report the prosecution to the Commissioner within 30 days after the insurance producer’s initial appearance before a court, including an appearance before:
a judicial officer of the District Court due to an arrest;
the District Court in response to a summons;
the circuit court due to execution of a warrant; or
the circuit court in person or by written notice of counsel in response to a summons.
The report shall include a copy of:
the charging document;
any order issued by a court; and
any other relevant legal documents.
An individual is subject to denial or suspension of a license under § 10–119.3 of the Family Law Article if the individual:
is in arrears in the payment of child support amounting to more than 120 days under the most recent order; or
has failed to comply with a subpoena issued by the Child Support Administration under § 10–108.6 of the Family Law Article.
An insurer may not cancel a policy for nonpayment of premiums if the premium due on the policy has been paid to the insurance producer.
This section does not apply to:
reinsurance;
life insurance, health insurance, or annuity contracts;
insurance of:
rolling stock, vessels, or aircraft of a common carrier used in interstate or foreign commerce;
a motor vehicle principally garaged and used outside the State; or
liability or other risks, incident to the ownership, maintenance, or operation of a subject of insurance under item (i) or (ii) of this item;
insurance of property while transported in interstate or in foreign trade, or any liability or risk incident to the transportation;
insurance of wet marine and transportation risks;
bid bonds issued in connection with public or private contracts;
policies or endorsements issued through:
insurance producers compensated only by salary;
insurers not using insurance producers in the general solicitation of business;
mutual insurers or other insurers not customarily using insurance producers compensated by commission if no commission is payable to an insurance producer on the policy or endorsement; or
insurers or groups of insurers under common management or control that are represented exclusively by insurance producers who represent only the insurers or groups of insurers;
reciprocal insurers; or
insurance written through:
the Maryland Automobile Insurance Fund; or
the Maryland Property Insurance Availability Program.
This section does not alter the requirements of § 10-119 of this subtitle.
Notwithstanding any other provision of law of this State or of policy forms, and subject to paragraph (2) of this subsection, an insurance producer that is a resident of this State may not be required to sign or countersign a policy covering a subject of insurance resident, located, or to be performed in this State.
A policy covering a subject of insurance resident, located, or to be performed in this State shall be signed or countersigned by an insurance producer that is a resident of this State if:
the policy is written by an insurance producer that is a resident of another state and is qualified as a nonresident insurance producer in this State; and
the law of the other state requires a signature or countersignature by an insurance producer that is a resident of that state on a policy written by an insurance producer that is not a resident in that state.
A policy is not invalid because it does not have the required signature or countersignature.
A person may not sign or countersign a policy or endorsement subject to this section unless the person:
is a licensed insurance producer;
is a resident of this State;
is compensated by commissions on policies subject to this section; and
is not an employee or officer of the insurer issuing the policy.
This section does not prevent an insurance producer from:
delegating the duty of signing or countersigning to employees of the insurance producer that are not also employees of lending institutions; or
directing the payment of commissions on policies subject to this section to a corporation or partnership insurance agency or otherwise.
An insurance producer may not countersign a policy or endorsement unless the policy or endorsement states, as applicable:
the rates or premiums;
a description of the property insured; and
the name and address of the insured.
If the law of another state requires an insurance producer that is a resident of that state to keep part of the commission paid on a policy written, countersigned, or delivered by the insurance producer in that state on request of a nonresident insurance producer of that state, an insurance producer that is a resident of this State and that signs or countersigns a policy written by an insurance producer that is a resident of the other state and qualified as a nonresident insurance producer in this State covering a subject of insurance resident, located, or to be performed in this State shall keep an equal pro rata part of any commission on the policy.
The Commissioner shall adopt regulations establishing the minimum length of time for which and the manner in which an independent insurance producer is required to maintain records of insurance transactions conducted by the insurance producer.
A person other than an independent insurance producer may not be represented to the public as an independent insurance producer.
Except as otherwise provided in §§ 10–102, 10–119, and 10–122 of this subtitle and § 10–602 of this title, a commission, fee, reward, rebate, or other consideration for selling, soliciting, or negotiating insurance may not be paid, directly or indirectly, to a person other than a licensed insurance producer.
Except as otherwise provided in this article, for life insurance or health insurance this section does not prohibit payment to or receipt by a person who formerly held a license and, if the person acted on behalf of an insurer, an appointment of:
commissions on renewal premiums on existing policies; or
other deferred commissions.
Unless the payment would violate § 27–209 or § 27–212 of this article, an insurer or insurance producer may pay or assign commissions, service fees, or other valuable consideration to an insurance agency or to persons who do not sell, solicit, or negotiate insurance in the State.
A person that violates § 10-103(b) or (c), § 10-130, or § 10-133 of this subtitle is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $500 or imprisonment not exceeding 6 months or both for each violation.
A title insurance producer that willfully or knowingly violates § 10-121 of this subtitle is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $50,000 or imprisonment not exceeding 1 year or both.
In this section, “medical professional liability insurance” means insurance providing coverage against damages due to medical injury arising out of the performance of professional services rendered or which should have been rendered by a health care provider.
A licensed insurance producer may not enter into an exclusive appointment agreement with an authorized insurer that issues medical professional liability insurance.