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<section article="gin" article_name="Insurance" number="4-205" title_number="4" title_name="General Requirements for Insurers" subtitle_number="2" subtitle_name="Unauthorized Insurers">
  <level label="a">
    <text>This section does not apply to:</text>
    <level label="1">
      <text>the lawful transaction of surplus lines insurance;</text>
    </level>
    <level label="2">
      <text>the lawful transaction of reinsurance by insurers;</text>
    </level>
    <level label="3">
      <text>transactions in the State that involve, and are subsequent to the issuance of, a policy that was lawfully solicited, written, and delivered outside of the State covering only a subject of insurance not resident, located, or expressly to be performed in the State at the time of issuance of the policy;</text>
    </level>
    <level label="4">
      <text>transactions that involve insurance contracts that are independently procured through negotiations occurring entirely outside of the State and that are reported and on which the premium tax is paid in accordance with §§ 4–210 and 4–211 of this subtitle;</text>
    </level>
    <level label="5">
      <text>an attorney while acting in the ordinary relation of attorney and client in the adjustment of claims or losses;</text>
    </level>
    <level label="6">
      <text>unless otherwise determined by the Commissioner, transactions in the State that involve group or blanket insurance or group annuities if the master policy of the group was lawfully issued and delivered in another state in which the person was authorized to engage in insurance business; or</text>
    </level>
    <level label="7">
      <text>a health care practitioner or set of health care practitioners, as defined in § 15–113 of this article, that accepts capitated payments in accordance with § 15–2102 of this article, but performs no other acts considered acts of an insurance business.</text>
    </level>
  </level>
  <level label="b">
    <text>An insurer or other person may not, directly or indirectly, do any of the acts of an insurance business set forth in subsection (c) of this section, except as provided by and in accordance with the specific authorization of statute.</text>
  </level>
  <level label="c">
    <text>Any of the following acts in the State, effected by mail or otherwise, is considered to be doing an insurance business in the State:</text>
    <level label="1">
      <text>making or proposing to make, as an insurer, an insurance contract;</text>
    </level>
    <level label="2">
      <text>making or proposing to make, as guarantor or surety insurer, a contract of guaranty or suretyship as a vocation and not merely incidental to another legitimate business or activity of the guarantor or surety insurer;</text>
    </level>
    <level label="3">
      <text>taking or receiving an application for insurance;</text>
    </level>
    <level label="4">
      <text>receiving or collecting premiums, commissions, membership fees, assessments, dues, or other consideration for insurance;</text>
    </level>
    <level label="5">
      <text>issuing or delivering an insurance contract to a resident of the State or a person authorized to do business in the State;</text>
    </level>
    <level label="6">
      <text>except as provided in subsection (d) of this section, with respect to a subject of insurance resident, located, or to be performed in the State, directly or indirectly acting as an insurance producer for, or otherwise representing or helping on behalf of another, an insurer or other person to:</text>
      <level label="i">
        <text>solicit, negotiate, procure, or effect insurance or the renewal of insurance;</text>
      </level>
      <level label="ii">
        <text>disseminate information about coverage or rates;</text>
      </level>
      <level label="iii">
        <text>forward an application;</text>
      </level>
      <level label="iv">
        <text>deliver a policy or insurance contract;</text>
      </level>
      <level label="v">
        <text>inspect risks;</text>
      </level>
      <level label="vi">
        <text>fix rates;</text>
      </level>
      <level label="vii">
        <text>investigate or adjust claims or losses;</text>
      </level>
      <level label="viii">
        <text>transact matters arising out of an insurance contract after the insurance contract becomes effective; or</text>
      </level>
      <level label="ix">
        <text>in any other manner represent or help an insurer or other person to transact insurance business;</text>
      </level>
    </level>
    <level label="7">
      <text>doing any kind of insurance business specifically recognized as doing an insurance business under statutes relating to insurance;</text>
    </level>
    <level label="8">
      <text>doing or proposing to do any insurance business that is substantially equivalent to any act listed in this subsection in a manner designed to evade the statutes relating to insurance; or</text>
    </level>
    <level label="9">
      <text>as an insurer transacting any other business in the State.</text>
    </level>
  </level>
  <level label="d">
    <text>Subsection (c)(6) of this section does not prohibit a full-time salaried employee of a corporate insured from acting as an insurance manager or buyer in placing insurance for the corporate insured.</text>
  </level>
  <level label="e">
    <text>For purposes of this section, the venue of an act effected by mail is at the point where the matter transmitted by mail is delivered and takes effect.</text>
  </level>
</section>
