2006 Minnesota Statutes

72A.41 TRANSACTING BUSINESS WITHOUT CERTIFICATE OF AUTHORITY.
    Subdivision 1. Prohibition; exception. It is unlawful for any company to enter into a
contract of insurance as an insurer or to transact insurance business in this state, as set forth
in subdivision 2, without a certificate of authority from the commissioner; provided that this
subdivision does not apply to:
(a) contracts of insurance procured by agents under the authority of sections 60A.195 to
60A.209;
(b) contracts of reinsurance and contracts of ocean or wet marine and transportation
insurance;
(c) transactions in this state involving a policy lawfully solicited, written and delivered
outside of this state covering only subjects of insurance not resident, located, or expressly to be
performed in this state at the time of issuance and which transactions are subsequent to the
issuance of the policy;
(d) transactions in this state involving a policy of insurance or annuity issued prior to July 1,
1967;
(e) contract of insurance procured under the authority of section 60A.19, subdivision 8; or
(f) transactions in this state involving contracts of insurance covering property or risks not
located in this state.
    Subd. 2. Acts constituting. Any of the following acts in this state, effected by mail or
otherwise by an unauthorized insurer, shall be included among those deemed to constitute
transacting insurance business in this state: (a) the issuance or delivery of a contract of insurance
or annuity to a resident of this state; (b) the solicitation of an application for such a contract;
(c) the collection of a premium, membership fee, assessment or other consideration for such a
contract; or (d) the transaction of any matter subsequent to the execution of such a contract
and arising out of it.
    Subd. 3. Failure to obtain certificate. The failure of a company to obtain a certificate
of authority shall not impair the validity of any act or contract of such company and shall not
prevent such company from defending any action in any court of this state, but no company
transacting insurance business in this state without a certificate of authority shall be permitted
to maintain an action in any court of this state to enforce any right, claim or demand arising
out of the transaction of such business until such company shall have obtained a certificate of
authority. Nor shall an action be maintained in any court of this state by any successor or assignee
of such company on any such right, claim or demand originally held by such company until a
certificate of authority shall have been obtained by such company or by a company which has
acquired all or substantially all of its assets.
History: 1967 c 590 s 2; 1969 c 6 s 17; 1980 c 436 s 3; 1987 c 384 art 2 s 15; 1994 c 485 s 57