§431:9A-104  Exceptions to licensing.  (a)  Nothing in this article shall be construed to require an insurer to obtain an insurance producer license.  In this section, the term "insurer" does not include an insurer's officers, directors, employees, subsidiaries, or affiliates.

     (b)  A license as an insurance producer shall not be required of the following:

     (1)  An officer, director, or employee of an insurer or of an insurance producer; provided that the officer, director, or employee does not receive any commission or remuneration on policies written or sold to insure risks residing, located, or to be performed in this State and:

          (A)  The officer, director, or employee's activities are executive, administrative, managerial, clerical, or a combination of these and are only indirectly related to the sale, solicitation, or negotiation of insurance;

          (B)  The officer, director, or employee's functions relate to underwriting, loss control, inspection, or the processing, adjusting, investigating, or settling of a claim on a contract of insurance; or

          (C)  The officer, director, or employee is acting in the capacity of a special agent or agency supervisor, assisting insurance producers where the person's activities are limited to providing technical advice and assistance to licensed insurance producers and do not include the sale, solicitation, or negotiation of insurance;

     (2)  A person who secures and furnishes information regarding group life insurance, group property and casualty insurance, group annuities, group or blanket accident and health or sickness insurance, for the purpose of enrolling individuals or issuing certificates under such plans, or otherwise assisting in administering the plans, or who performs administrative services related to mass marketed property and casualty insurance, where no commission is paid to the person for the service;

     (3)  An employer or association or its officers, directors, employees, or the trustee of any employee trust plan, to the extent that the employer, association, officers, employees, directors, or trustees are engaged in the administration or operation of a program of employee benefits for the employer's or association's own employees or the employees of its subsidiaries or affiliates, which program involves the use of insurance issued by an insurer, so long as the employers, associations, officers, directors, employees, or trustees are not in any manner compensated, directly or indirectly, by the company issuing the contracts;

     (4)  Employees of insurers or organizations employed by insurers who are engaging in the inspection, rating, or classification of risks, or in the supervision or the training of insurance producers, and who are not individually engaged in the sale, solicitation, or negotiation of insurance;

     (5)  A person whose activities in this State are limited to advertising without the intent to solicit insurance in this State through communications in printed publications or other forms of electronic mass media, whose distribution is not limited to residents of this State; provided that the person does not sell, solicit, or negotiate insurance that would insure risks residing, located, or to be performed in this State;

     (6)  A person who is not a resident of this State who sells, solicits, or negotiates a contract of insurance for commercial property and casualty risks to an insured with risks located in more than one state insured under that contract; provided that the person is otherwise licensed as an insurance producer to sell, solicit, or negotiate that insurance in the state where the insured maintains its principal place of business and the contract of insurance insures risks located in that state; or

     (7)  A salaried, full-time employee who counsels or advises the person's employer relative to the insurance interests of the employer or of the subsidiaries or business affiliates of the employer; provided that the employee does not sell or solicit insurance or receive commissions. [L 2001, c 216, pt of §2; am L 2002, c 155, §28; am L 2003, c 212, §57]