Title 20 — Insurance

A. An insurer or insurance producer shall not pay a commission, service fee, brokerage or other valuable consideration to a person for selling, soliciting or negotiating insurance in this state if that person is required to be licensed under this article and is not so licensed. B…

A. The director may: 1. Share any nonpublic document, material or other information with other state, federal and international regulatory agencies, with the national association of insurance commissioners and its affiliates or subsidiaries and with state, federal and internation…

A. The director shall waive any requirements, except the requirements prescribed in section 20-287, for a nonresident license applicant who holds a license in good standing from the applicant's home state if the applicant's home state issues nonresident licenses to residents of t…

A. Within thirty days after the final disposition of the matter, an insurance producer shall report to the director any administrative action taken against the producer in another jurisdiction or by another governmental agency in this state. The report shall include a copy of the…

The director may adopt rules pursuant to title 41, chapter 6 to carry out this article.

A. In this article, unless the context otherwise requires, "managing general agent" means any person, firm, association or corporation that manages all or part of the insurance business of an insurer, including the management of a separate division, department or underwriting off…

A. A person shall not act in the capacity of a managing general agent for an insurer licensed in this state with respect to the risks located in this state unless the person is licensed as an insurance producer by the director. B. A person shall not act in the capacity of a manag…

A. A person, firm, association or corporation acting in the capacity of a managing general agent shall not place business with an insurer unless there is in force a written contract between the parties that sets forth the responsibilities of each party and, if both parties share …

In this article, unless the context otherwise requires: 1. "Adjuster": (a) Means any person who for compensation, fee or commission either: (i) Adjusts, investigates or negotiates settlement of claims arising under property and casualty insurance contracts on behalf of either the…

A. A person shall not act as or claim to be an adjuster unless the person is licensed under this article. B. To obtain a license as an adjuster a person shall apply to the director for the license and use the forms prescribed and provided by the director. The director shall issue…

To the extent permitted by this article, sections 20-281 and 20-284, section 20-286, subsections B, C and D, sections 20-287, 20-288, 20-289 and 20-289.01, section 20-290, subsection A and sections 20-291, 20-292, 20-295, 20-296, 20-297, 20-299, 20-301 and 20-302 apply to adjuste…

A. The director may issue to a rental company that has complied with the requirements of this section a license that authorizes the rental company as a rental car agent to offer or sell insurance in connection with and incidental to rental agreements. Notwithstanding section 20-2…

A. An employee of a political subdivision may be licensed as a risk management consultant for the purposes of title 11, chapter 7, article 5 to carry out the provisions of title 11, chapter 7, article 5. The director shall license these employees in the same manner as insurance p…

A. The director may issue a self-service storage agent license to an operator that has complied with the requirements of this section authorizing the operator to offer or to sell the kinds of insurance prescribed in this section in connection with and incidental to the rental of …

In this article, unless the context otherwise requires: 1. "Certified application counselor" means an individual who is licensed pursuant to this article and who is authorized by the United States department of health and human services to perform the activities and duties of a c…

A. Beginning October 1, 2014, this article applies to a person who acts or claims to be a navigator or certified application counselor. B. A person who holds a license as an accident and health or sickness insurance producer pursuant to article 3 of this chapter is exempt from th…

A person may not act as or claim to be a navigator or certified application counselor unless the person is licensed pursuant to this article.

A. A person who applies for a navigator license shall apply to the director on a form prescribed by the director and shall declare under penalty of license denial, suspension or revocation that the statements made in the application are true, correct and complete to the best of t…

A. An individual who applies for a certified application counselor license shall apply to the director on a form prescribed by the director and shall declare under penalty of license denial, suspension or revocation that the statements made in the application are true, correct an…

A. The director may examine and investigate the business affairs and records of any navigator or certified application counselor to determine whether the individual or entity has engaged or is engaging in any violation of this title. B. The director may adopt rules pursuant to ti…

To the extent permitted by this article, section 20-281, section 20-286, subsections B, C and D, sections 20-289, 20-289.01, 20-292, 20-295, 20-296, 20-297, 20-299, 20-301, 20-302 and 20-452, article 6 of this chapter and chapter 11, article 1 of this title apply to navigators an…

In this article, unless the context otherwise requires: 1. "Bail bond" means any contract that is executed by a surety insurer for the release of a person who is arrested or confined for any actual or alleged violation of any federal, state or local criminal law where the release…

B. Each applicant for a bail bond agent license shall submit a full set of fingerprints to the department of insurance and financial institutions for the purpose of obtaining a state and federal criminal records check pursuant to section 41-1750 and Public Law 92-544. The departm…

A. Each applicant for a bail bond agent's license or license renewal shall file with the application and shall maintain in force while licensed a bond in favor of this state executed by a surety insurer authorized to do business in this state. The bond may be continuous in form, …

A. A bail bond agent shall not: 1. Suggest or advise the employment of or name for employment any particular attorney to represent the agent's principal. 2. Solicit business in or around any place where prisoners are confined or in or around any court. 3. Receive or collect for a…

A. A person who has been convicted in any jurisdiction of theft, any felony or any crime involving the carrying or illegal use or possession of a deadly weapon or dangerous instrument may not act as a bail recovery agent. B. A person shall submit a full set of fingerprints to the…

The director shall adopt rules relating to collateral received by bail bond agents, the issuance of contracts and other matters relating to the business of bail bond agents.

To the extent not inconsistent with this article, sections 20-281, 20-284 and 20-285, section 20-286, subsections B, C and D, section 20-288, subsection B and sections 20-289, 20-289.01, 20-292, 20-295, 20-296, 20-297, 20-298, 20-299, 20-301 and 20-302 apply to bail bond agents.

A. The purpose of this article is to promote the public welfare by regulating insurance rates to the end that they shall not be excessive, inadequate or unfairly discriminatory, and to authorize and regulate cooperative action among insurers in rate making and in other matters wi…

A. This article does not apply to: 1. Life insurance. 2. Disability insurance. 3. Reinsurance, except joint reinsurance as provided in section 20-369. 4. Mortgage guaranty insurance. 5. Insurance against loss of or damage to aircraft, their hulls, accessories and equipment, or ag…

In this article, unless the context otherwise requires: 1. "Board" means the workers' compensation appeals board established by section 20-367. 2. "Classification plan" means the plan or system that groups industries, occupations or operations with a similar exposure to loss into…

A. Except as provided in subsections B and C of this section, every rating organization and every insurer that transacts workers' compensation insurance in this state shall adhere to plans approved by the director as the uniform statistical plan, uniform classification plan and u…

All rates subject to this article shall be made in accordance with the following provisions: 1. Rates shall not be excessive, inadequate or unfairly discriminatory. No rate shall be held to be inadequate unless the director finds that the loss experience of the insurer in the cla…

A. Every insurer shall file with the director the rating systems the insurer proposes to use. As used in the rate regulatory provisions of this article, "rating systems" includes every manual of classifications, rules and rates, every rating plan and every modification of any of …

A. If at any time the director finds that a filing does not meet the standards set forth in section 20-356, he shall, after a hearing held upon not less than ten days' written notice, in which he shall specify the matters to be considered at such hearing, to every insurer and rat…

A. Every insurer shall adhere to the filings made by the rating organization of which it is a member, except that any member insurer may file with the director: 1. Up to six uniform percentage deviations that decrease or increase the statewide rate portion of the rating organizat…

A. A corporation, an unincorporated association, a partnership or an individual, whether located within or outside this state, may apply to the director for a license as a rating organization for insurance subject to this article and shall file all of the following with the direc…

Every rating organization shall notify the director promptly of every change in: 1. Its constitution, its articles of agreement or association, or its certificate of incorporation, and its bylaws, rules and regulations governing the conduct of its business. 2. Its list of members…

A. Subject to rules and regulations that have been approved by the director as reasonable, each workers' compensation rating organization shall permit any insurer writing workers' compensation insurance in this state to become a member. The rating organization shall give its memb…

A. Any rating organization may provide for the examination of policies, daily reports, binders, renewal certificates, endorsements or other evidence of insurance, or the cancellation thereof, and may make reasonable rules governing their submission. Such rules shall contain a pro…

Cooperation among rating organizations and among rating organizations and insurers in rate making and in other matters within the scope of this article is authorized, if the filings resulting from such cooperation are subject to the provisions of this article. The director may re…

A. Any member of or subscriber to a rating organization may appeal to the director from the action or decision of the rating organization in approving or rejecting any proposed change in or addition to the filings of the rating organization, and the director shall, after a hearin…

A. A workers' compensation appeals board is established in the department. B. The director shall appoint at least nine but not more than eleven members to the board. The members shall serve three-year terms. A member shall not serve more than two consecutive terms. C. The board s…

A. Within a reasonable time after receiving a written request and on payment of a reasonable fee, every rating organization and insurer shall give to any insured affected by a rate that is made or applied by the organization or insurer, or to the insured's authorized representati…

A. Every group, association or other organization of insurers, whether located within or outside this state, which assists insurers which make their own filings or rating organizations in rate making, by the collection and furnishing of loss or expense statistics, or by the submi…

A. Every group, association or other organization of insurers which engages in joint underwriting or joint reinsurance shall be subject to regulation with respect thereto as provided by this article, subject, however, with respect to joint underwriting, to all other provisions of…

A. The director, as often as he deems it expedient, may make or cause to be made an examination of each rating organization licensed in this state, each advisory organization referred to in section 20-368 and each group, association or other organization referred to in section 20…

A. The director shall adopt reasonable rules and statistical plans that are reasonably adapted to each of the rating systems on file with the director and that may be modified from time to time. An insurer shall use the rules and statistical plans to record and report its loss an…

No person or organization shall wilfully withhold information from, or knowingly give false or misleading information to, the director, any statistical agency designated by the director, any rating organization or any insurer, which will affect the rates or premiums chargeable un…

Nothing in this article shall abridge or restrict the freedom of contract of insurers, agents or brokers with reference to the amount of commissions or fees to be paid to agents or brokers by insurers, and such payments are expressly authorized.