| 1 | 1 | | CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Senate Bill No. 1246Introduced by Senator JonesFebruary 21, 2020 An act to amend Section 1704 of the Insurance Code, relating to insurance. LEGISLATIVE COUNSEL'S DIGESTSB 1246, as introduced, Jones. Insurance licensees: notice of appointment.Existing law generally regulates the business of insurance in the state, including the licensing of persons who transact insurance. Existing law prohibits a person acting as a licensee from acting as an agent of an insurer, unless the insurer has filed a notice of appointment with the Insurance Commissioner, as specified. Existing law also requires that specified agents acting in the capacity of an insurance solicitor have filed a notice of appointment with the commissioner. Existing law requires that an appointment, by its terms, continue in force until the occurrence of a specified event.This bill would make technical, nonsubstantive changes to those provisions.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 1704 of the Insurance Code is amended to read:1704. (a) Any (1) A person acting as a licensee under pursuant to this chapter shall not act as an agent of an insurer insurer, unless the insurer has filed a notice of appointment with the commissioner a notice of appointment, commissioner, executed by the insurer, appointing the licensee as the insurers agent. Every A property broker-agent, casualty broker-agent, personal lines broker-agent, or limited lines automobile insurance agent acting in the capacity of an insurance solicitor shall have filed on his or her behalf with the commissioner on the solicitors behalf a notice executed by an insurance agent or insurance broker appointing and agreeing to employ the solicitor as an employee within this state. Additional(2) Additional notices of appointment may be filed by other insurers before the license is issued and thereafter as long as the license remains in force. The authority to transact insurance given to a licensee by an insurer, property broker-agent, casualty broker-agent, personal lines broker-agent, or limited lines automobile insurance agent, as the case may be, agent by appointment shall be effective as of the date the notice of appointment is signed. That(3) The authority to transact shall apply to transactions occurring after that the date the notice of appointment is signed and for the purpose of determining the insurers, property broker-agents, casualty broker-agents, personal lines broker-agents, or limited lines automobile insurance agents liability for acts of the appointed licensee. No A notice of appointment of a life agent, property broker-agent, casualty broker-agent, personal lines broker-agent, limited lines automobile insurance agent, or travel insurance agent shall not be filed under this subdivision unless the licensee being appointed has consented to that filing. Each(4) An appointment made under this subdivision shall by its terms continue in force until: until either of the following circumstances occur:(1)(A) The cancellation or expiration of the license applied for or held at the time the appointment was filed.(2)(B) The filing of a notice of termination by the insurer or employing property broker-agent or casualty broker-agent, or by the appointed life agent, property broker-agent, casualty broker-agent, travel insurance agent, or insurance solicitor.(b) (1) Upon the termination of all appointments, or all endorsements naming the licensee on the license of an organization licensee, and the cancellation of the bond required pursuant to Section 1662 if acting as a broker, the permanent license shall not be canceled, but shall become inactive. It(2) The license may be renewed pursuant to Section 1718. It(3) The license may be reactivated at any time prior to before its expiration by the filing of a new appointment pursuant to this section, Section 1707, and Section 1751.3, or the filing of a new bond pursuant to Section 1662. An(4) An inactive license shall not permit its holder to transact any insurance for which a valid, active license is required.(c) Upon the termination of all appointments of a person licensed under a certificate of convenience, that certificate shall be canceled and shall be returned by its lawful custodian to the commissioner.(d) A property broker-agent or a casualty broker-agent appointing an insurance solicitor pursuant to this section, if a natural person, shall be the holder of a permanent license to act as such a broker-agent or the holder of a certificate of convenience so to act issued pursuant to either subdivision (a) or (b) of Section 1685. If the property broker-agent or the casualty broker-agent is an organization, it shall be the holder of a permanent license.(e) The filing of an incomplete or deficient action notice with the department shall require the filing of an amended, complete action notice, together with the payment of the fee therefor specified in subdivision (l) of Section 1751.(f) (1) A notice of appointment appointing a solicitor may be filed by a second or subsequent property broker-agent or casualty broker-agent. The(2) The broker-agent seeking to appoint the solicitor shall enter into an agreement with all other property broker-agents and casualty broker-agents with whom the insurance solicitor has an existing appointment. The(A) The agreement shall govern how the broker-agents will determine on which property broker-agents or casualty broker-agents behalf the solicitor is working when dealing with individuals who are customers of none of the property broker-agents and casualty broker-agents with whom the solicitor has an appointment. If(B) If the agreement does not identify which broker-agent or broker-agents are liable for the act of the solicitor, all property broker-agents and casualty broker-agents with whom the solicitor is appointed at the time of the act shall be jointly and severally liable for that act. |
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| 3 | 3 | | CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Senate Bill No. 1246Introduced by Senator JonesFebruary 21, 2020 An act to amend Section 1704 of the Insurance Code, relating to insurance. LEGISLATIVE COUNSEL'S DIGESTSB 1246, as introduced, Jones. Insurance licensees: notice of appointment.Existing law generally regulates the business of insurance in the state, including the licensing of persons who transact insurance. Existing law prohibits a person acting as a licensee from acting as an agent of an insurer, unless the insurer has filed a notice of appointment with the Insurance Commissioner, as specified. Existing law also requires that specified agents acting in the capacity of an insurance solicitor have filed a notice of appointment with the commissioner. Existing law requires that an appointment, by its terms, continue in force until the occurrence of a specified event.This bill would make technical, nonsubstantive changes to those provisions.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO |
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| 9 | 9 | | CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION |
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| 11 | 11 | | Senate Bill |
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| 12 | 12 | | |
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| 13 | 13 | | No. 1246 |
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| 15 | 15 | | Introduced by Senator JonesFebruary 21, 2020 |
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| 17 | 17 | | Introduced by Senator Jones |
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| 18 | 18 | | February 21, 2020 |
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| 20 | 20 | | An act to amend Section 1704 of the Insurance Code, relating to insurance. |
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| 21 | 21 | | |
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| 22 | 22 | | LEGISLATIVE COUNSEL'S DIGEST |
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| 23 | 23 | | |
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| 24 | 24 | | ## LEGISLATIVE COUNSEL'S DIGEST |
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| 25 | 25 | | |
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| 26 | 26 | | SB 1246, as introduced, Jones. Insurance licensees: notice of appointment. |
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| 27 | 27 | | |
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| 28 | 28 | | Existing law generally regulates the business of insurance in the state, including the licensing of persons who transact insurance. Existing law prohibits a person acting as a licensee from acting as an agent of an insurer, unless the insurer has filed a notice of appointment with the Insurance Commissioner, as specified. Existing law also requires that specified agents acting in the capacity of an insurance solicitor have filed a notice of appointment with the commissioner. Existing law requires that an appointment, by its terms, continue in force until the occurrence of a specified event.This bill would make technical, nonsubstantive changes to those provisions. |
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| 30 | 30 | | Existing law generally regulates the business of insurance in the state, including the licensing of persons who transact insurance. Existing law prohibits a person acting as a licensee from acting as an agent of an insurer, unless the insurer has filed a notice of appointment with the Insurance Commissioner, as specified. Existing law also requires that specified agents acting in the capacity of an insurance solicitor have filed a notice of appointment with the commissioner. Existing law requires that an appointment, by its terms, continue in force until the occurrence of a specified event. |
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| 32 | 32 | | This bill would make technical, nonsubstantive changes to those provisions. |
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| 33 | 33 | | |
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| 34 | 34 | | ## Digest Key |
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| 35 | 35 | | |
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| 36 | 36 | | ## Bill Text |
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| 37 | 37 | | |
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| 38 | 38 | | The people of the State of California do enact as follows:SECTION 1. Section 1704 of the Insurance Code is amended to read:1704. (a) Any (1) A person acting as a licensee under pursuant to this chapter shall not act as an agent of an insurer insurer, unless the insurer has filed a notice of appointment with the commissioner a notice of appointment, commissioner, executed by the insurer, appointing the licensee as the insurers agent. Every A property broker-agent, casualty broker-agent, personal lines broker-agent, or limited lines automobile insurance agent acting in the capacity of an insurance solicitor shall have filed on his or her behalf with the commissioner on the solicitors behalf a notice executed by an insurance agent or insurance broker appointing and agreeing to employ the solicitor as an employee within this state. Additional(2) Additional notices of appointment may be filed by other insurers before the license is issued and thereafter as long as the license remains in force. The authority to transact insurance given to a licensee by an insurer, property broker-agent, casualty broker-agent, personal lines broker-agent, or limited lines automobile insurance agent, as the case may be, agent by appointment shall be effective as of the date the notice of appointment is signed. That(3) The authority to transact shall apply to transactions occurring after that the date the notice of appointment is signed and for the purpose of determining the insurers, property broker-agents, casualty broker-agents, personal lines broker-agents, or limited lines automobile insurance agents liability for acts of the appointed licensee. No A notice of appointment of a life agent, property broker-agent, casualty broker-agent, personal lines broker-agent, limited lines automobile insurance agent, or travel insurance agent shall not be filed under this subdivision unless the licensee being appointed has consented to that filing. Each(4) An appointment made under this subdivision shall by its terms continue in force until: until either of the following circumstances occur:(1)(A) The cancellation or expiration of the license applied for or held at the time the appointment was filed.(2)(B) The filing of a notice of termination by the insurer or employing property broker-agent or casualty broker-agent, or by the appointed life agent, property broker-agent, casualty broker-agent, travel insurance agent, or insurance solicitor.(b) (1) Upon the termination of all appointments, or all endorsements naming the licensee on the license of an organization licensee, and the cancellation of the bond required pursuant to Section 1662 if acting as a broker, the permanent license shall not be canceled, but shall become inactive. It(2) The license may be renewed pursuant to Section 1718. It(3) The license may be reactivated at any time prior to before its expiration by the filing of a new appointment pursuant to this section, Section 1707, and Section 1751.3, or the filing of a new bond pursuant to Section 1662. An(4) An inactive license shall not permit its holder to transact any insurance for which a valid, active license is required.(c) Upon the termination of all appointments of a person licensed under a certificate of convenience, that certificate shall be canceled and shall be returned by its lawful custodian to the commissioner.(d) A property broker-agent or a casualty broker-agent appointing an insurance solicitor pursuant to this section, if a natural person, shall be the holder of a permanent license to act as such a broker-agent or the holder of a certificate of convenience so to act issued pursuant to either subdivision (a) or (b) of Section 1685. If the property broker-agent or the casualty broker-agent is an organization, it shall be the holder of a permanent license.(e) The filing of an incomplete or deficient action notice with the department shall require the filing of an amended, complete action notice, together with the payment of the fee therefor specified in subdivision (l) of Section 1751.(f) (1) A notice of appointment appointing a solicitor may be filed by a second or subsequent property broker-agent or casualty broker-agent. The(2) The broker-agent seeking to appoint the solicitor shall enter into an agreement with all other property broker-agents and casualty broker-agents with whom the insurance solicitor has an existing appointment. The(A) The agreement shall govern how the broker-agents will determine on which property broker-agents or casualty broker-agents behalf the solicitor is working when dealing with individuals who are customers of none of the property broker-agents and casualty broker-agents with whom the solicitor has an appointment. If(B) If the agreement does not identify which broker-agent or broker-agents are liable for the act of the solicitor, all property broker-agents and casualty broker-agents with whom the solicitor is appointed at the time of the act shall be jointly and severally liable for that act. |
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| 40 | 40 | | The people of the State of California do enact as follows: |
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| 42 | 42 | | ## The people of the State of California do enact as follows: |
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| 44 | 44 | | SECTION 1. Section 1704 of the Insurance Code is amended to read:1704. (a) Any (1) A person acting as a licensee under pursuant to this chapter shall not act as an agent of an insurer insurer, unless the insurer has filed a notice of appointment with the commissioner a notice of appointment, commissioner, executed by the insurer, appointing the licensee as the insurers agent. Every A property broker-agent, casualty broker-agent, personal lines broker-agent, or limited lines automobile insurance agent acting in the capacity of an insurance solicitor shall have filed on his or her behalf with the commissioner on the solicitors behalf a notice executed by an insurance agent or insurance broker appointing and agreeing to employ the solicitor as an employee within this state. Additional(2) Additional notices of appointment may be filed by other insurers before the license is issued and thereafter as long as the license remains in force. The authority to transact insurance given to a licensee by an insurer, property broker-agent, casualty broker-agent, personal lines broker-agent, or limited lines automobile insurance agent, as the case may be, agent by appointment shall be effective as of the date the notice of appointment is signed. That(3) The authority to transact shall apply to transactions occurring after that the date the notice of appointment is signed and for the purpose of determining the insurers, property broker-agents, casualty broker-agents, personal lines broker-agents, or limited lines automobile insurance agents liability for acts of the appointed licensee. No A notice of appointment of a life agent, property broker-agent, casualty broker-agent, personal lines broker-agent, limited lines automobile insurance agent, or travel insurance agent shall not be filed under this subdivision unless the licensee being appointed has consented to that filing. Each(4) An appointment made under this subdivision shall by its terms continue in force until: until either of the following circumstances occur:(1)(A) The cancellation or expiration of the license applied for or held at the time the appointment was filed.(2)(B) The filing of a notice of termination by the insurer or employing property broker-agent or casualty broker-agent, or by the appointed life agent, property broker-agent, casualty broker-agent, travel insurance agent, or insurance solicitor.(b) (1) Upon the termination of all appointments, or all endorsements naming the licensee on the license of an organization licensee, and the cancellation of the bond required pursuant to Section 1662 if acting as a broker, the permanent license shall not be canceled, but shall become inactive. It(2) The license may be renewed pursuant to Section 1718. It(3) The license may be reactivated at any time prior to before its expiration by the filing of a new appointment pursuant to this section, Section 1707, and Section 1751.3, or the filing of a new bond pursuant to Section 1662. An(4) An inactive license shall not permit its holder to transact any insurance for which a valid, active license is required.(c) Upon the termination of all appointments of a person licensed under a certificate of convenience, that certificate shall be canceled and shall be returned by its lawful custodian to the commissioner.(d) A property broker-agent or a casualty broker-agent appointing an insurance solicitor pursuant to this section, if a natural person, shall be the holder of a permanent license to act as such a broker-agent or the holder of a certificate of convenience so to act issued pursuant to either subdivision (a) or (b) of Section 1685. If the property broker-agent or the casualty broker-agent is an organization, it shall be the holder of a permanent license.(e) The filing of an incomplete or deficient action notice with the department shall require the filing of an amended, complete action notice, together with the payment of the fee therefor specified in subdivision (l) of Section 1751.(f) (1) A notice of appointment appointing a solicitor may be filed by a second or subsequent property broker-agent or casualty broker-agent. The(2) The broker-agent seeking to appoint the solicitor shall enter into an agreement with all other property broker-agents and casualty broker-agents with whom the insurance solicitor has an existing appointment. The(A) The agreement shall govern how the broker-agents will determine on which property broker-agents or casualty broker-agents behalf the solicitor is working when dealing with individuals who are customers of none of the property broker-agents and casualty broker-agents with whom the solicitor has an appointment. If(B) If the agreement does not identify which broker-agent or broker-agents are liable for the act of the solicitor, all property broker-agents and casualty broker-agents with whom the solicitor is appointed at the time of the act shall be jointly and severally liable for that act. |
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| 46 | 46 | | SECTION 1. Section 1704 of the Insurance Code is amended to read: |
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| 47 | 47 | | |
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| 48 | 48 | | ### SECTION 1. |
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| 49 | 49 | | |
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| 50 | 50 | | 1704. (a) Any (1) A person acting as a licensee under pursuant to this chapter shall not act as an agent of an insurer insurer, unless the insurer has filed a notice of appointment with the commissioner a notice of appointment, commissioner, executed by the insurer, appointing the licensee as the insurers agent. Every A property broker-agent, casualty broker-agent, personal lines broker-agent, or limited lines automobile insurance agent acting in the capacity of an insurance solicitor shall have filed on his or her behalf with the commissioner on the solicitors behalf a notice executed by an insurance agent or insurance broker appointing and agreeing to employ the solicitor as an employee within this state. Additional(2) Additional notices of appointment may be filed by other insurers before the license is issued and thereafter as long as the license remains in force. The authority to transact insurance given to a licensee by an insurer, property broker-agent, casualty broker-agent, personal lines broker-agent, or limited lines automobile insurance agent, as the case may be, agent by appointment shall be effective as of the date the notice of appointment is signed. That(3) The authority to transact shall apply to transactions occurring after that the date the notice of appointment is signed and for the purpose of determining the insurers, property broker-agents, casualty broker-agents, personal lines broker-agents, or limited lines automobile insurance agents liability for acts of the appointed licensee. No A notice of appointment of a life agent, property broker-agent, casualty broker-agent, personal lines broker-agent, limited lines automobile insurance agent, or travel insurance agent shall not be filed under this subdivision unless the licensee being appointed has consented to that filing. Each(4) An appointment made under this subdivision shall by its terms continue in force until: until either of the following circumstances occur:(1)(A) The cancellation or expiration of the license applied for or held at the time the appointment was filed.(2)(B) The filing of a notice of termination by the insurer or employing property broker-agent or casualty broker-agent, or by the appointed life agent, property broker-agent, casualty broker-agent, travel insurance agent, or insurance solicitor.(b) (1) Upon the termination of all appointments, or all endorsements naming the licensee on the license of an organization licensee, and the cancellation of the bond required pursuant to Section 1662 if acting as a broker, the permanent license shall not be canceled, but shall become inactive. It(2) The license may be renewed pursuant to Section 1718. It(3) The license may be reactivated at any time prior to before its expiration by the filing of a new appointment pursuant to this section, Section 1707, and Section 1751.3, or the filing of a new bond pursuant to Section 1662. An(4) An inactive license shall not permit its holder to transact any insurance for which a valid, active license is required.(c) Upon the termination of all appointments of a person licensed under a certificate of convenience, that certificate shall be canceled and shall be returned by its lawful custodian to the commissioner.(d) A property broker-agent or a casualty broker-agent appointing an insurance solicitor pursuant to this section, if a natural person, shall be the holder of a permanent license to act as such a broker-agent or the holder of a certificate of convenience so to act issued pursuant to either subdivision (a) or (b) of Section 1685. If the property broker-agent or the casualty broker-agent is an organization, it shall be the holder of a permanent license.(e) The filing of an incomplete or deficient action notice with the department shall require the filing of an amended, complete action notice, together with the payment of the fee therefor specified in subdivision (l) of Section 1751.(f) (1) A notice of appointment appointing a solicitor may be filed by a second or subsequent property broker-agent or casualty broker-agent. The(2) The broker-agent seeking to appoint the solicitor shall enter into an agreement with all other property broker-agents and casualty broker-agents with whom the insurance solicitor has an existing appointment. The(A) The agreement shall govern how the broker-agents will determine on which property broker-agents or casualty broker-agents behalf the solicitor is working when dealing with individuals who are customers of none of the property broker-agents and casualty broker-agents with whom the solicitor has an appointment. If(B) If the agreement does not identify which broker-agent or broker-agents are liable for the act of the solicitor, all property broker-agents and casualty broker-agents with whom the solicitor is appointed at the time of the act shall be jointly and severally liable for that act. |
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| 52 | 52 | | 1704. (a) Any (1) A person acting as a licensee under pursuant to this chapter shall not act as an agent of an insurer insurer, unless the insurer has filed a notice of appointment with the commissioner a notice of appointment, commissioner, executed by the insurer, appointing the licensee as the insurers agent. Every A property broker-agent, casualty broker-agent, personal lines broker-agent, or limited lines automobile insurance agent acting in the capacity of an insurance solicitor shall have filed on his or her behalf with the commissioner on the solicitors behalf a notice executed by an insurance agent or insurance broker appointing and agreeing to employ the solicitor as an employee within this state. Additional(2) Additional notices of appointment may be filed by other insurers before the license is issued and thereafter as long as the license remains in force. The authority to transact insurance given to a licensee by an insurer, property broker-agent, casualty broker-agent, personal lines broker-agent, or limited lines automobile insurance agent, as the case may be, agent by appointment shall be effective as of the date the notice of appointment is signed. That(3) The authority to transact shall apply to transactions occurring after that the date the notice of appointment is signed and for the purpose of determining the insurers, property broker-agents, casualty broker-agents, personal lines broker-agents, or limited lines automobile insurance agents liability for acts of the appointed licensee. No A notice of appointment of a life agent, property broker-agent, casualty broker-agent, personal lines broker-agent, limited lines automobile insurance agent, or travel insurance agent shall not be filed under this subdivision unless the licensee being appointed has consented to that filing. Each(4) An appointment made under this subdivision shall by its terms continue in force until: until either of the following circumstances occur:(1)(A) The cancellation or expiration of the license applied for or held at the time the appointment was filed.(2)(B) The filing of a notice of termination by the insurer or employing property broker-agent or casualty broker-agent, or by the appointed life agent, property broker-agent, casualty broker-agent, travel insurance agent, or insurance solicitor.(b) (1) Upon the termination of all appointments, or all endorsements naming the licensee on the license of an organization licensee, and the cancellation of the bond required pursuant to Section 1662 if acting as a broker, the permanent license shall not be canceled, but shall become inactive. It(2) The license may be renewed pursuant to Section 1718. It(3) The license may be reactivated at any time prior to before its expiration by the filing of a new appointment pursuant to this section, Section 1707, and Section 1751.3, or the filing of a new bond pursuant to Section 1662. An(4) An inactive license shall not permit its holder to transact any insurance for which a valid, active license is required.(c) Upon the termination of all appointments of a person licensed under a certificate of convenience, that certificate shall be canceled and shall be returned by its lawful custodian to the commissioner.(d) A property broker-agent or a casualty broker-agent appointing an insurance solicitor pursuant to this section, if a natural person, shall be the holder of a permanent license to act as such a broker-agent or the holder of a certificate of convenience so to act issued pursuant to either subdivision (a) or (b) of Section 1685. If the property broker-agent or the casualty broker-agent is an organization, it shall be the holder of a permanent license.(e) The filing of an incomplete or deficient action notice with the department shall require the filing of an amended, complete action notice, together with the payment of the fee therefor specified in subdivision (l) of Section 1751.(f) (1) A notice of appointment appointing a solicitor may be filed by a second or subsequent property broker-agent or casualty broker-agent. The(2) The broker-agent seeking to appoint the solicitor shall enter into an agreement with all other property broker-agents and casualty broker-agents with whom the insurance solicitor has an existing appointment. The(A) The agreement shall govern how the broker-agents will determine on which property broker-agents or casualty broker-agents behalf the solicitor is working when dealing with individuals who are customers of none of the property broker-agents and casualty broker-agents with whom the solicitor has an appointment. If(B) If the agreement does not identify which broker-agent or broker-agents are liable for the act of the solicitor, all property broker-agents and casualty broker-agents with whom the solicitor is appointed at the time of the act shall be jointly and severally liable for that act. |
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| 53 | 53 | | |
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| 54 | 54 | | 1704. (a) Any (1) A person acting as a licensee under pursuant to this chapter shall not act as an agent of an insurer insurer, unless the insurer has filed a notice of appointment with the commissioner a notice of appointment, commissioner, executed by the insurer, appointing the licensee as the insurers agent. Every A property broker-agent, casualty broker-agent, personal lines broker-agent, or limited lines automobile insurance agent acting in the capacity of an insurance solicitor shall have filed on his or her behalf with the commissioner on the solicitors behalf a notice executed by an insurance agent or insurance broker appointing and agreeing to employ the solicitor as an employee within this state. Additional(2) Additional notices of appointment may be filed by other insurers before the license is issued and thereafter as long as the license remains in force. The authority to transact insurance given to a licensee by an insurer, property broker-agent, casualty broker-agent, personal lines broker-agent, or limited lines automobile insurance agent, as the case may be, agent by appointment shall be effective as of the date the notice of appointment is signed. That(3) The authority to transact shall apply to transactions occurring after that the date the notice of appointment is signed and for the purpose of determining the insurers, property broker-agents, casualty broker-agents, personal lines broker-agents, or limited lines automobile insurance agents liability for acts of the appointed licensee. No A notice of appointment of a life agent, property broker-agent, casualty broker-agent, personal lines broker-agent, limited lines automobile insurance agent, or travel insurance agent shall not be filed under this subdivision unless the licensee being appointed has consented to that filing. Each(4) An appointment made under this subdivision shall by its terms continue in force until: until either of the following circumstances occur:(1)(A) The cancellation or expiration of the license applied for or held at the time the appointment was filed.(2)(B) The filing of a notice of termination by the insurer or employing property broker-agent or casualty broker-agent, or by the appointed life agent, property broker-agent, casualty broker-agent, travel insurance agent, or insurance solicitor.(b) (1) Upon the termination of all appointments, or all endorsements naming the licensee on the license of an organization licensee, and the cancellation of the bond required pursuant to Section 1662 if acting as a broker, the permanent license shall not be canceled, but shall become inactive. It(2) The license may be renewed pursuant to Section 1718. It(3) The license may be reactivated at any time prior to before its expiration by the filing of a new appointment pursuant to this section, Section 1707, and Section 1751.3, or the filing of a new bond pursuant to Section 1662. An(4) An inactive license shall not permit its holder to transact any insurance for which a valid, active license is required.(c) Upon the termination of all appointments of a person licensed under a certificate of convenience, that certificate shall be canceled and shall be returned by its lawful custodian to the commissioner.(d) A property broker-agent or a casualty broker-agent appointing an insurance solicitor pursuant to this section, if a natural person, shall be the holder of a permanent license to act as such a broker-agent or the holder of a certificate of convenience so to act issued pursuant to either subdivision (a) or (b) of Section 1685. If the property broker-agent or the casualty broker-agent is an organization, it shall be the holder of a permanent license.(e) The filing of an incomplete or deficient action notice with the department shall require the filing of an amended, complete action notice, together with the payment of the fee therefor specified in subdivision (l) of Section 1751.(f) (1) A notice of appointment appointing a solicitor may be filed by a second or subsequent property broker-agent or casualty broker-agent. The(2) The broker-agent seeking to appoint the solicitor shall enter into an agreement with all other property broker-agents and casualty broker-agents with whom the insurance solicitor has an existing appointment. The(A) The agreement shall govern how the broker-agents will determine on which property broker-agents or casualty broker-agents behalf the solicitor is working when dealing with individuals who are customers of none of the property broker-agents and casualty broker-agents with whom the solicitor has an appointment. If(B) If the agreement does not identify which broker-agent or broker-agents are liable for the act of the solicitor, all property broker-agents and casualty broker-agents with whom the solicitor is appointed at the time of the act shall be jointly and severally liable for that act. |
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| 58 | 58 | | 1704. (a) Any (1) A person acting as a licensee under pursuant to this chapter shall not act as an agent of an insurer insurer, unless the insurer has filed a notice of appointment with the commissioner a notice of appointment, commissioner, executed by the insurer, appointing the licensee as the insurers agent. Every A property broker-agent, casualty broker-agent, personal lines broker-agent, or limited lines automobile insurance agent acting in the capacity of an insurance solicitor shall have filed on his or her behalf with the commissioner on the solicitors behalf a notice executed by an insurance agent or insurance broker appointing and agreeing to employ the solicitor as an employee within this state. Additional |
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| 59 | 59 | | |
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| 60 | 60 | | (2) Additional notices of appointment may be filed by other insurers before the license is issued and thereafter as long as the license remains in force. The authority to transact insurance given to a licensee by an insurer, property broker-agent, casualty broker-agent, personal lines broker-agent, or limited lines automobile insurance agent, as the case may be, agent by appointment shall be effective as of the date the notice of appointment is signed. That |
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| 61 | 61 | | |
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| 62 | 62 | | (3) The authority to transact shall apply to transactions occurring after that the date the notice of appointment is signed and for the purpose of determining the insurers, property broker-agents, casualty broker-agents, personal lines broker-agents, or limited lines automobile insurance agents liability for acts of the appointed licensee. No A notice of appointment of a life agent, property broker-agent, casualty broker-agent, personal lines broker-agent, limited lines automobile insurance agent, or travel insurance agent shall not be filed under this subdivision unless the licensee being appointed has consented to that filing. Each |
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| 63 | 63 | | |
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| 64 | 64 | | (4) An appointment made under this subdivision shall by its terms continue in force until: until either of the following circumstances occur: |
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| 65 | 65 | | |
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| 66 | 66 | | (1) |
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| 67 | 67 | | |
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| 68 | 68 | | |
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| 69 | 69 | | |
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| 70 | 70 | | (A) The cancellation or expiration of the license applied for or held at the time the appointment was filed. |
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| 71 | 71 | | |
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| 72 | 72 | | (2) |
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| 73 | 73 | | |
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| 74 | 74 | | |
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| 75 | 75 | | |
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| 76 | 76 | | (B) The filing of a notice of termination by the insurer or employing property broker-agent or casualty broker-agent, or by the appointed life agent, property broker-agent, casualty broker-agent, travel insurance agent, or insurance solicitor. |
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| 77 | 77 | | |
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| 78 | 78 | | (b) (1) Upon the termination of all appointments, or all endorsements naming the licensee on the license of an organization licensee, and the cancellation of the bond required pursuant to Section 1662 if acting as a broker, the permanent license shall not be canceled, but shall become inactive. It |
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| 79 | 79 | | |
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| 80 | 80 | | (2) The license may be renewed pursuant to Section 1718. It |
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| 81 | 81 | | |
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| 82 | 82 | | (3) The license may be reactivated at any time prior to before its expiration by the filing of a new appointment pursuant to this section, Section 1707, and Section 1751.3, or the filing of a new bond pursuant to Section 1662. An |
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| 83 | 83 | | |
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| 84 | 84 | | (4) An inactive license shall not permit its holder to transact any insurance for which a valid, active license is required. |
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| 85 | 85 | | |
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| 86 | 86 | | (c) Upon the termination of all appointments of a person licensed under a certificate of convenience, that certificate shall be canceled and shall be returned by its lawful custodian to the commissioner. |
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| 87 | 87 | | |
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| 88 | 88 | | (d) A property broker-agent or a casualty broker-agent appointing an insurance solicitor pursuant to this section, if a natural person, shall be the holder of a permanent license to act as such a broker-agent or the holder of a certificate of convenience so to act issued pursuant to either subdivision (a) or (b) of Section 1685. If the property broker-agent or the casualty broker-agent is an organization, it shall be the holder of a permanent license. |
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| 89 | 89 | | |
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| 90 | 90 | | (e) The filing of an incomplete or deficient action notice with the department shall require the filing of an amended, complete action notice, together with the payment of the fee therefor specified in subdivision (l) of Section 1751. |
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| 91 | 91 | | |
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| 92 | 92 | | (f) (1) A notice of appointment appointing a solicitor may be filed by a second or subsequent property broker-agent or casualty broker-agent. The |
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| 93 | 93 | | |
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| 94 | 94 | | (2) The broker-agent seeking to appoint the solicitor shall enter into an agreement with all other property broker-agents and casualty broker-agents with whom the insurance solicitor has an existing appointment. The |
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| 95 | 95 | | |
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| 96 | 96 | | (A) The agreement shall govern how the broker-agents will determine on which property broker-agents or casualty broker-agents behalf the solicitor is working when dealing with individuals who are customers of none of the property broker-agents and casualty broker-agents with whom the solicitor has an appointment. If |
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| 97 | 97 | | |
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| 98 | 98 | | (B) If the agreement does not identify which broker-agent or broker-agents are liable for the act of the solicitor, all property broker-agents and casualty broker-agents with whom the solicitor is appointed at the time of the act shall be jointly and severally liable for that act. |
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