MISSISSIPPI LEGISLATURE

1997 Regular Session

To: Insurance

By: Representative Wells-Smith

AN ACT TO AMEND SECTIONS 83-17-5 AND 83-17-217, MISSISSIPPI CODE OF 1972, TO AUTHORIZE AN INSURANCE AGENT TO SOLICIT BUSINESS WHILE AWAITING RECEIPT OF A CERTIFICATE OF AUTHORITY; AND FOR RELATED PURPOSES. 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 83-17-5, Mississippi Code of 1972, is amended as follows:

83-17-5. Every agent of any insurance company, fraternal order or association authorized to do business in this state shall be required to obtain from the Commissioner of Insurance a continuous certificate under the seal of his office showing that the company for which he or she is licensed to do business in this state, and that he or she is an agent of said company and duly authorized to do business for it. Such certificate shall remain valid as long as the insurance company, fraternal order or association pays to the commissioner an annual certificate fee to continue the authorization. The insurance company, fraternal order or association must notify the agent within thirty (30) days if the authority is non-renewed or cancelled. An agent is authorized to solicit insurance business while awaiting receipt of the certificate as required by this section. Every such agent, on demand, shall exhibit the said certificate to the person from whom he or she shall solicit insurance. Any failure to exhibit said certificate shall render said agent liable, on conviction before the Commissioner of Insurance, to a fine of Ten Dollars ($10.00) for each offense or before a justice court judge, to a fine of Ten Dollars ($10.00) or imprisonment for ten (10) days for each offense. In case of loss or destruction of such certificate, the said commissioner, for a fee of Five Dollars ($5.00), may certify to its issuance, giving number, date and form, which may be used by the original party named therein in lieu of said original certificate.

SECTION 2. Section 83-17-217, Mississippi Code of 1972, is amended as follows:

83-17-217. In addition to all other license requirements, examinations for qualifications, and fees established and imposed by law as set out hereinabove with reference to agents, all insurance solicitors shall file with the Commissioner of Insurance, in form to be prescribed by the commissioner, an application for certificate of appointment as solicitor, signed by an insurance agent who proposes to employ such solicitor and signed and accepted by such solicitor, and shall pay to the commissioner a fee of Two Dollars ($2.00) annually for the issuance of a certificate of appointment under seal of his office, showing the name of such solicitor, the name of an insurance agent or agency for which such individual is licensed to solicit business, and that such insurance agent or insurance agency is duly licensed. Such certificate of appointment issued by the commissioner shall be cancelled by him at any time upon request of the insurance agent or agency named therein, and shall automatically expire and terminate at the time that the solicitor's employment by, and connection with, the agent or agency named on such certificate terminates.

No person shall act as an insurance solicitor for any insurance agent or agency without first securing from the commissioner such a certificate of appointment designating the agency for which he is acting as solicitor, and paying the commissioner the fee herein provided. No person shall, at the same time, act as insurance solicitor for more than one (1) insurance agent or agency.

A person may act as an insurance solicitor while awaiting receipt of the certificate as required by this section.

SECTION 3. This act shall take effect and be in force from and after July 1, 1997.