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Section: 375.0018 Issuance of producer's license, duration--lines of authority--biennial renewal fee for agents, due when--reinstatement of license, when--failure to comply, effect. RSMO 375.018


Published: 2015

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Missouri Revised Statutes













Chapter 375

Provisions Applicable to All Insurance Companies

←375.017

Section 375.018.1

375.019→

August 28, 2015

Issuance of producer's license, duration--lines of authority--biennial renewal fee for agents, due when--reinstatement of license, when--failure to comply, effect.

375.018. 1. Unless denied licensure pursuant to section 375.141, persons

who have met the requirements of sections 375.014, 375.015 and 375.016 shall

be issued an insurance producer license for a term of two years. An insurance

producer may qualify for a license in one or more of the following lines of

authority:



(1) Life insurance coverage on human lives including benefits of

endowment and annuities, and may include benefits in the event of death or

dismemberment by accident and benefits for disability income;



(2) Accident and health or sickness insurance coverage for sickness,

bodily injury or accidental death and may include benefits for disability

income;



(3) Property insurance coverage for the direct or consequential loss or

damage to property of every kind;



(4) Casualty insurance coverage against legal liability, including that

for death, injury or disability or damage to real or personal property;



(5) Variable life and variable annuity products insurance coverage

provided under variable life insurance contracts and variable annuities;



(6) Personal lines property and casualty insurance coverage sold to

individuals and families for primarily noncommercial purposes;



(7) Credit-limited line credit insurance;



(8) Any other line of insurance permitted under state laws or

regulations.



2. Any insurance producer who is certified by the Federal Crop Insurance

Corporation on September 28, 1995, to write federal crop insurance shall not

be required to have a property license for the purpose of writing federal crop

insurance.



3. The biennial renewal fee for a producer's license is one hundred

dollars for each license. A producer's license shall be renewed biennially

on the anniversary date of issuance and continue in effect until refused,

revoked or suspended by the director in accordance with section 375.141.



4. An individual insurance producer who allows his or her license to

expire may, within twelve months from the due date of the renewal fee,

reinstate the same license without the necessity of passing a written

examination. The insurance producer seeking relicensing pursuant to this

subsection shall provide proof that the continuing education requirements have

been met and shall pay a penalty of twenty-five dollars per month that the

license was expired in addition to the requisite renewal fees that would have

been paid had the license been renewed in a timely manner. Nothing in this

subsection shall require the director to relicense any insurance producer

determined to have violated the provisions of section 375.141.



5. A business entity insurance producer that allows the license to expire

may, within twelve months of the due date of the renewal, reinstate the

license by paying the license fee that would have been paid had the license

been renewed in a timely manner plus a penalty of twenty-five dollars per

month that the license was expired.



6. The license shall contain the name, address, identification number of

the insurance producer, the date of issuance, the lines of authority, the

expiration date and any other information the director deems necessary.



7. Insurance producers shall inform the director by any means acceptable

to the director of a change of address within thirty days of the change.

Failure to timely inform the director of a change in legal name or address

may result in a forfeiture not to exceed the sum of ten dollars per month.



8. In order to assist the director in the performance of his or her

duties, the director may contract with nongovernmental entities, including

the National Association of Insurance Commissioners or any affiliates or

subsidiaries that the organization oversees or through any other method the

director deems appropriate, to perform any ministerial functions, including

the collection of fees, related to producer licensing that the director may

deem appropriate.



9. Any bank or trust company in the sale or issuance of insurance

products or services shall be subject to the insurance laws of this state and

rules adopted by the department of insurance, financial institutions and

professional registration.



10. A licensed insurance producer who is unable to comply with license

renewal procedures due to military service or some other extenuating

circumstance, such as a long-term medical disability, may request a waiver of

those procedures. The producer may also request a waiver of any other fine or

sanction imposed for failure to comply with renewal procedures.



(L. 1965 p. 569, A.L. 1967 p. 516, A.L. 1981 S.B. 10, A.L.

1984 S.B. 570, A.L. 1985 H.B. 545, A.L. 1990 H.B. 1739, A.L.

1991 H.B. 575, A.L. 1992 S.B. 796, A.L. 1993 H.B. 709, A.L. 2001

S.B. 193, A.L. 2002 S.B. 895)



Effective 1-01-03





1993





1993



375.018. 1. In addition to any other requirement imposed

by law or rule, no applicant for an agent's or broker's license

shall be qualified therefor unless, within one year immediately

preceding the date a written application is made to the director,

or not later than ninety days after the required examination has

been successfully completed, the applicant has successfully

completed a course of study approved by the director requiring

the following hours of study, or the equivalent thereof, for the

following licenses: Not less than twenty hours for a license

limited to fire and allied lines insurance and twenty hours for

general casualty insurance, or forty hours combined of fire and

allied lines and general casualty insurance; and not less than

fifteen hours for a license limited to life insurance and fifteen

hours for accident and health insurance. Provided, any agent who

is certified by the Federal Crop Insurance Corporation on

September 28, 1985, to write federal crop insurance shall not be

required to have a fire and allied lines license for the purpose

of writing federal crop insurance. The director shall grant

authority until revoked to such public and private educational

organizations, technical colleges, trade schools, insurance

companies or insurance trade organizations, or other approved

organizations that provide satisfactory evidence that the courses

of study actually taken by the applicant were in substantial

compliance with the requirements established by the director.

The director shall require the applicant to furnish a certificate

of completion of any required courses of study from the

authorized educational organizations.



2. Before any insurance agent's license is issued, there

shall be on file in the office of the director the following:



(1) A written application made under oath by the prospective

licensee in the form prescribed by the director. The application

form shall contain answers to the following interrogatories:

name, address, date of birth, sex, past employment for the

three-year period immediately preceding the date of the

application, past experience in insurance, status of accounts

with insurance companies and agents, criminal convictions for

felonies or crimes involving moral turpitude, and if a surety

bond has ever been refused or revoked as a result of dishonest

acts or practices. In addition, the application form shall

contain a statement as to the kinds of insurance business in

which the applicant intends to engage; and



(2) A fee of twenty-five dollars must accompany each

application for an agent's license.



3. The director shall, in order to determine the competency

of every individual applicant for a license, require the

individual applicant to take and pass to the satisfaction of the

director a written examination upon the kind or kinds of

insurance business specified in his or her application. Such

examinations shall be held at such times and places as the

director shall from time to time determine. The director may, at

his order or discretion, designate an independent testing service

to prepare and administer such examination subject to direction

and approval by the director, and examination fees charged by

such service shall be paid by the applicant. An examination fee

represents an administrative expense and is not refundable.



4. The examination shall be as prescribed by the director

and shall be of sufficient scope so as to reasonably test the

applicant's knowledge relative to the kind or kinds of insurance

which may be dealt with under the license applied for by the

applicant. The applicant shall be notified of the result of the

examination within twenty working days of the examination. The

applicant may begin to act as an agent for those lines for which

the applicant has passed an examination and completed the study

requirements required by subsection 1 of this section and a

license has been received by the applicant.



5. No examination or approved course of study required by

subsection 1 of this section shall be required of:



(1) An applicant who is a ticket-selling agent or

representative of a common carrier or other company who acts as

an insurance agent only in reference to the issuance of insurance

contracts primarily for covering the risk of travel;



(2) An applicant who holds a current license in another

state which requires a written examination satisfactory to the

director;



(3) An applicant for the same kind of license as that which

was held in another state within one year next preceding the date

of the application and which the applicant secured by passing a

written examination and fulfilling comparable study requirements,

and provided that the applicant is a legal resident of this state

at the time of the application and is otherwise deemed by the

director to be fully qualified;



(4) An applicant who is an owner of an individually owned

business, his employee, or an officer or employee of a

partnership or corporation who solicits, negotiates or procures

credit life, accident and health or property insurance in

connection with a loan or a retail time sale transaction made by

the corporation, partnership, or individual business, or in a

business in which there is conducted wholly or partly retail

installment transactions under chapter 365, RSMo;



(5) Any person selling title insurance.



6. Every application for a license which may be granted

without examination shall be accompanied by a fee of twenty-five

dollars.



7. Subsection 1 of this section shall not apply to any

person licensed as an agent or broker on January 1, 1986, unless

the agent or broker applies for a type of license or line of

insurance for which the agent or broker is not licensed as of

January 1, 1986.



8. The biennial renewal fee for an agent's license is

twenty-five dollars for each license. An agent's license shall

be renewed bienially on the anniversary date of issuance and

continue in effect until refused, revoked or suspended by the

director in accordance with section 375.141; except that if the

biennial renewal fee for the license is not paid within ninety

days after the biennial anniversary date or if the agent has not

complied with section 375.020 if applicable within ninety days

after the biennial anniversary date, the license terminates as of

ninety days after the biennial anniversary date. An agent whose

license terminated for nonpayment of the biennial renewal fee or

noncompliance with section 375.020 may apply for a new agent's

license without prejudice because of such nonpayment or

noncompliance, except that such agent must comply with all

provisions of this section regarding issuance of a new license.







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