2006 Minnesota Statutes

60K.34 EXCEPTIONS TO LICENSING.
    Subdivision 1. License not required. Nothing in sections 60K.30 to 60K.56 requires 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.
    Subd. 2. Specific exceptions. A license as an insurance producer is not required of the
following:
(1) a fraternal benefit society representative exempted pursuant to section 60K.35;
(2) an officer, director, or employee of an insurer or of an insurance producer if the officer,
director, or employee does not receive any commission on policies written or sold to insure risks
residing, located, or to be performed in this state and:
(i) 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;
(ii) the officer, director, or employee's function relates to underwriting, loss control,
inspection, or the processing, adjusting, investigating, or settling of a claim on a contract of
insurance; or
(iii) 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;
(3) a person who secures and furnishes information for the purpose of group life insurance,
group property and casualty insurance, group annuities, group or blanket accident and health
insurance; or for the purpose of enrolling individuals under plans; issuing certificates under
plans or otherwise assisting in administering plans; or performs administrative services related
to mass-marketed property and casualty insurance; where no commission is paid to the person
for the service;
(4) an employer or association or its officers, directors, employees, or the trustees of an
employee trust plan, to the extent that the employers, 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, as 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;
(5) employees of insurers or organizations employed by insurers who are engaging in the
inspection, rating or classification of risks, or in the supervision of the training of insurance
producers and who are not individually engaged in the sale, solicitation, or negotiation of
insurance;
(6) 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 the state, if the person
does not sell, solicit, or negotiate insurance that would insure risks residing, located, or to
be performed in this state;
(7) 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, if 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;
(8) a salaried full-time employee who counsels or advises the employee's employer relative
to the insurance interests of the employer or of the subsidiaries or business affiliates of the
employer if the employee does not sell or solicit insurance or receive a commission; or
(9) rental vehicle companies and their employees in connection with the offer of rental
vehicle personal accident insurance under section 72A.125.
History: 2001 c 117 art 1 s 5; 2002 c 379 art 1 s 21