Section 26-A212. LICENSE PREREQUISITES FOR SOLICITATION FOR LIFE INSURANCE AGENTS

 

212.1The sale or solicitation of fire and casualty insurance policies by any person who is licensed only to sell policies of a life insurance company shall be considered by this Department to be in deliberate violation of law, justifying appropriate action under §35-426, D.C. Code, 1981 ed.

 

212.2No person shall act as a life insurance agent for any company without being licensed to do so.

 

212.3A person licensed as a life insurance agent to represent a particular company shall not act as a life insurance agent for any other company without an additional license. The additional license shall be required without regard to whether an attempt to sell is successful.

 

212.4A life insurance agent licensed for only one (1) company shall solicit for that company only and shall submit applications in good faith to that one (1) company for its consideration.

 

212.5A life insurance agent who is licensed for one (1) company and wishes to obtain applications for policies of one (1) or more other particular companies shall be licensed for each of those other companies.

 

212.6A life insurance agent who is licensed for one (1) company and desires the privilege of submitting applications to any other company in general rather than in particular, shall be licensed as a broker.

 

212.7A life insurance agent who tells a prospect that he or she represents a certain company but can obtain a policy in any other company is performing the act of a broker and shall be so licensed.

 

212.8A life insurance agent who offers to obtain from a company named by the prospect a kind of policy written by that company but not written by his or her own company shall be licensed for the second company.

 

212.9Wherever an additional license is required, it shall be secured, at the outset of the solicitation and not at a later date merely to legalize the payment of a commission.

 

212.10The Department shall not knowingly ratify an illegal act of solicitation by issuing a life insurance license to permit the violator to receive a commission on a policy already sold.

 

212.11No company shall knowingly permit or encourage an unlicensed person to solicit for the company until a policy is sold and then appoint that unlicensed person as their agent and pay a commission to that person when the license is issued.

 

212.12A license issued to a life insurance agent shall authorize him or her to solicit only that business as may be written through his or her company. An agent exceeds his or her license privileges when he or she deliberately solicits business which he or she knows must necessarily be placed with another company.