Title 20 — Insurance

A person shall not sell, solicit or negotiate insurance in this state for any class or classes of insurance unless the person is licensed for that line of authority in accordance with this article.

A. An insurer is not required to obtain an insurance producer license. In this section, insurer does not include an insurer's officers, directors, employees, subsidiaries or affiliates. B. The following persons are not required to obtain a license as an insurance producer: 1. An …

A. A resident individual applying for an insurance producer license shall pass an examination within the one year period that precedes the date the director received the individual's license application unless the individual is exempt pursuant to section 20-288. The examination s…

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

A. Unless the director denies a license pursuant to section 20-295, the director shall issue a resident insurance producer license to any person who meets the requirements prescribed in sections 20-284 and 20-285. An insurance producer may qualify for a license in one or more of …

A. Unless the director denies a license pursuant to section 20-295, the director shall issue a nonresident person a nonresident insurance producer license if all of the following apply: 1. The person is currently licensed as a resident and in good standing in the person's home st…

A. An individual who applies for an insurance producer license in this state and who was previously licensed for the same lines of authority in another state is not required to take an examination if either: 1. The applicant is currently licensed in the other state. 2. The applic…

A. Any license that is issued pursuant to this article, other than a temporary license, continues in force until it expires or the director suspends, revokes or terminates the license. The license is also subject to renewal pursuant to this section. B. A license that is issued or…

A. A licensee or applicant who is ordered into active military service may request that the license or application be placed on inactive status by sending the department a written statement that includes all of the following: 1. The licensee's name. 2. The licensee's license numb…

A. An insurance producer shall keep at the insurance producer's principal place of business the usual and customary records that pertain to transactions under the insurance producer's license. The insurance producer shall keep all records for any transaction for three years immed…

A. Application for and acceptance of any nonresident license pursuant to this article constitutes an irrevocable appointment of the director as the agent of the licensee for the acceptance of service of process issued in this state in any action or proceeding against the licensee…

If the director has cause to believe that any person is violating or about to violate section 20-282, 20-298, 20-311.01, 20-321.01, 20-331, 20-331.01, 20-332, 20-340.01 or 20-411, the director may order the person to cease and desist and, through the attorney general, may cause a…

A. Only a licensed insurance producer who is authorized by the director may solicit applications for and issue policies by means of mechanical vending machines. The insurance producer shall supervise each machine and shall issue policies only of insurers authorized to transact bu…

A. The director may issue a temporary insurance producer license for not more than one hundred eighty days without requiring an examination if the director deems that the temporary license is necessary for the servicing of an insurance business in the following cases: 1. To the s…

A. The director may deny, suspend for not more than twelve months, revoke or refuse to renew an insurance producer's license or may impose a civil penalty in accordance with subsection F of this section or any combination of actions for any one or more of the following causes: 1.…

A. The director shall not again issue any license under this title to any person whose license has been revoked until one year after the revocation and the person again qualifies in accordance with the applicable provisions of this title. B. If the license of a business entity is…

A. An insurance producer doing business under any name other than the producer's legal name shall notify the director on a form prescribed by the director before using the assumed name. B. The director may deny the use of an assumed business name, require the use of a different a…

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…