South Carolina General Assembly
107th Session, 1987-1988

Bill 2501


                    Current Status

Bill Number:               2501
Ratification Number:       523
Act Number                 471
Introducing Body:          House
Subject:                   Persons who may act as insurance agents
                           without a license
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(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(A471, R523, H2501)

AN ACT TO AMEND SECTION 38-43-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LICENSES REQUIRED OF INSURANCE AGENTS AND EXCEPTIONS THERETO SO AS TO PERMIT A CLERICAL EMPLOYEE OF A LICENSED AGENT OR INSURER WHO IS PAID ON AN HOURLY OR SALARY BASIS AND NOT ON A COMMISSION BASIS TO ACT AS AN AGENT AND TO PERMIT A QUALIFIED LIFE, HEALTH, OR GROUP INSURANCE AGENT TO PRESENT A PROPOSAL FOR INSURANCE ON BEHALF OF AN INSURER FOR WHICH THE AGENT IS NOT SPECIFICALLY LICENSED UNDER CERTAIN CONDITIONS.

Be it enacted by the General Assembly of the State of South Carolina:

Persons who may act as insurance agents without a license

SECTION 1. Section 38-43-20 of the 1976 Code, as last amended by an act of 1988 bearing ratification number 394, is further amended to read:

"Section 38-43-20. No person may act as agent for an insurer or for a fraternal benefit association unless an agent's license has been issued to him by the Commissioner, except for the following persons:

(a) an officer, employee, or secretary of a fraternal benefit association, as defined in Chapter 37 of this title, or any of its subordinate lodges or branches, who devotes substantially all of his services to activities other than the collection of premiums for fraternal insurance contracts and who receives for the solicitation of these contracts no commission or other compensation directly dependent upon the number or amount of contracts solicited or procured;

(b) a member representative of a fraternal benefit association which insures its members against death, dismemberment, and disability resulting from accident only and which pays no commission or other consideration for the collection of premiums for these contracts;

(c) a school teacher or school official who, without compensation acts as agent for or performs any service in connection with the delivery or collection of insurance policies or premiums for accident and health insurance for children in the school system of the State, where he is employed;

(d) a group insurance policyholder or employee of a group policyholder who acts as an agent or performs any service in connection with the collection of premiums or the delivery of insurance policies or certificates to the group insurance policyholder or his employees;

(e) an employee of a licensed agent who is under the agent's direct supervision or an employee of a licensed insurer, who performs solely clerical duties, and who is paid on an hourly or salary basis and not on a commission basis; or

(f) an agent qualified to transact a life, health, or group insurance business may present a proposal for life, health, or group insurance to a prospective policyholder on behalf of an insurer for which the agent is not specifically licensed, and may also transmit an application for insurance to that insurer, if the insurer has previously furnished the proposal and application materials to the agent. By furnishing the proposal and application materials to the agent, the insurer is considered to have authorized the agent to act on its behalf, and the insurer is responsible for all actions of the agent as if the agent had been duly licensed for the insurer. Not more than fourteen days after the agent submits an application for insurance to the insurer, the insurer shall forward to the Commissioner its request that the agent be licensed as the insurer's agent in accordance with the requirements of this chapter."

Time effective

SECTION 2. This act takes effect upon approval by the Governor.