§6760 — Title 15 Commerce and Trade | U.S. Code

Summary

Stops states from using many state rules to block or punish insurance producers just because they join the Association. States can't treat a producer differently for planning to join, applying to join, or being a member. States also can't charge Association members different fees than they would otherwise pay, or force nonresident members to take extra continuing education. Only a producer's home State can set different licensing or qualification rules. Other States must not add extra licensing, education, residency, bonding, registration, criminal-checks, or similar requirements beyond the Association's membership rules. Also, a non‑home State can't force extra licenses to sell commercial property and casualty insurance to a buyer whose main place of business is in the State where the producer is already authorized. States may still investigate and discipline members under their laws, so long as those actions don't conflict with these limits.

Title 15, §6760

Commerce and Trade — Source: USLM XML via OLRC

(a)State laws, regulations, provisions, or other actions purporting to regulate insurance producers shall be preempted to the extent provided in subsection (b).

(b)(1)No State shall—

(A)impede the activities of, take any action against, or apply any provision of law or regulation arbitrarily or discriminatorily to, any insurance producer because that insurance producer or any affiliate plans to become, has applied to become, or is a member of the Association;

(B)impose any requirement upon a member of the Association that it pay fees different from those required to be paid to that State were it not a member of the Association; or

(C)impose any continuing education requirements on any nonresident insurance producer that is a member of the Association.

(2)No State, other than the home State of a member of the Association, shall—

(A)impose any licensing, personal or corporate qualifications, education, training, experience, residency, continuing education, or bonding requirement upon a member of the Association that is different from the criteria for membership in the Association or renewal of such membership;

(B)impose any requirement upon a member of the Association that it be licensed, registered, or otherwise qualified to do business or remain in good standing in the State, including any requirement that the insurance producer register as a foreign company with the secretary of state or equivalent State official;

(C)require that a member of the Association submit to a criminal history record check as a condition of doing business in the State; or

(D)impose any licensing, registration, or appointment requirements upon a member of the Association, or require a member of the Association to be authorized to operate as an insurance producer, in order to sell, solicit, or negotiate insurance for commercial property and casualty risks to an insured with risks located in more than one State, if the member is licensed or otherwise authorized to operate in the State where the insured maintains its principal place of business and the contract of insurance insures risks located in that State.

(3)Nothing in this section may be construed to prohibit a State from investigating and taking appropriate disciplinary action, including suspension or revocation of authority of an insurance producer to do business in a State, in accordance with State law and that is not inconsistent with the provisions of this section, against a member of the Association as a result of a complaint or for any alleged activity, regardless of whether the activity occurred before or after the insurance producer commenced doing business in the State pursuant to Association membership.

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

Provisions similar to this section were contained in section 6763 of this title, prior to the general amendment of this subchapter by Pub. L. 114–1. A prior section 6760, Pub. L. 106–102, title III, § 330, Nov. 12, 1999, 113 Stat. 1430, related to functions of the NAIC, prior to the general amendment of this subchapter by Pub. L. 114–1.

§6760 Relationship to State law

Summary

Title 15, §6760

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

Citations & Metadata