Kentucky Statutes 304.9-080 – Licensure requirements — Forms
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(1) Except as provided in KRS § 304.52-030, an individual or business entity shall not sell, solicit, or negotiate insurance in this state unless duly licensed as the appropriate insurance producer for that line of authority in accordance with this subtitle or Subtitle 10 of this chapter.
(2) Except as provided in KRS § 304.9-430, no individual or business entity shall in this state be, act as, or hold himself, herself, or itself out as an adjuster unless then licensed as an adjuster.
(3) No individual or business entity shall in this state be, act as, or hold himself, herself, or itself out as a consultant unless then licensed as a consultant. No consultant shall act as a consultant with respect to any kind of insurance unless duly licensed as a consultant for that line of authority.
(4) Except as provided in KRS § 304.9-410 and KRS § 304.9-270(4), no agent shall place, and no insurer shall accept, any insurance with any insurer as to which the agent does not then hold a license and appointment as agent under this subtitle.
(5) A rental vehicle agent or rental vehicle managing employee shall not place, and an insurer shall not accept, any insurance with any insurer as to which the licensee does not then hold a license and appointment under this subtitle.
(6) A travel retailer, its employee, or its representative shall not offer and disseminate travel insurance, on behalf or under the direction of, and an insurer shall not accept any travel insurance from, a limited lines travel insurance producer except in accordance with KRS § 304.52-030.
(7) No person shall act as a travel retailer that offers and disseminates travel insurance unless that person is registered in accordance with KRS § 304.52-030(3).
(8) The commissioner shall prescribe and furnish all forms required under this subtitle as to licenses and appointments.
Effective: June 29, 2021
History: Amended 2021 Ky. Acts ch. 36, sec. 11, effective June 29, 2021. — Amended
2019 Ky. Acts ch. 8, sec. 1, effective June 27, 2019. — Amended 2012 Ky. Acts ch.
92, sec. 3, effective July 12, 2012. — Amended 2010 Ky. Acts ch. 24, sec. 1044, effective July 15, 2010. — Amended 2006 Ky. Acts ch. 254, sec. 2, effective July 12,
2006. — Amended 2005 Ky. Acts ch. 143, sec. 21, effective June 20, 2005. — Amended 2002 Ky. Acts ch. 273, sec. 11, effective July 15, 2002. — Amended 2000
Ky. Acts ch. 57, sec. 2, effective July 14, 2000; and ch. 393, sec. 4, effective July 14,
2000. — Amended 1986 Ky. Acts ch. 307, sec. 3, effective July 15, 1986. — Amended
1984 Ky. Acts ch. 262, sec. 2, effective April 1, 1985. — Amended 1982 Ky. Acts ch.
171, sec. 2, effective July 15, 1982. — Created 1970 Ky. Acts ch. 301, subtit. 9, sec.
8, effective June 18, 1970.
(2) Except as provided in KRS § 304.9-430, no individual or business entity shall in this state be, act as, or hold himself, herself, or itself out as an adjuster unless then licensed as an adjuster.
Terms Used In Kentucky Statutes 304.9-080
- agent: includes managing general agent unless the context requires otherwise. See Kentucky Statutes 304.9-085
- Appointment: means a notification filed with the insurance department that an insurer has established an agency relationship with a producer. See Kentucky Statutes 304.9-020
- Business entity: means a corporation, association, partnership, limited liability company, limited liability partnership, employer group, professional employer organization, or other legal entity. See Kentucky Statutes 304.9-020
- Insurance producer: includes agent, managing general agent, surplus lines broker, reinsurance intermediary broker and manager, rental vehicle agent and rental vehicle agent managing employee, and consultant. See Kentucky Statutes 304.9-020
- Negotiate: means the act of conferring directly with, or offering advice directly to, a purchaser or prospective purchaser of a particular contract of insurance concerning any of the substantive benefits, terms, or conditions of the contract, provided that the person engaged in that act either sells insurance or obtains insurance from insurers for purchasers. See Kentucky Statutes 304.9-020
- Rental vehicle agent: means a business entity with a rental vehicle agent managing employee that is licensed to sell, solicit, or negotiate insurance offered, sold, or solicited in connection with, and incidental to, the rental of rental vehicles, whether at the rental office or by preselection of coverage in master, corporate, or group agreements that:
(a) Are nontransferable. See Kentucky Statutes 304.9-020 - Sell: means to exchange a contract of insurance by any means, for money or other valuable consideration, on behalf of an insurer. See Kentucky Statutes 304.9-020
- Solicit: means attempting to sell insurance or asking or urging a person to apply for a particular kind of insurance from a particular insurer. See Kentucky Statutes 304.9-020
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
(3) No individual or business entity shall in this state be, act as, or hold himself, herself, or itself out as a consultant unless then licensed as a consultant. No consultant shall act as a consultant with respect to any kind of insurance unless duly licensed as a consultant for that line of authority.
(4) Except as provided in KRS § 304.9-410 and KRS § 304.9-270(4), no agent shall place, and no insurer shall accept, any insurance with any insurer as to which the agent does not then hold a license and appointment as agent under this subtitle.
(5) A rental vehicle agent or rental vehicle managing employee shall not place, and an insurer shall not accept, any insurance with any insurer as to which the licensee does not then hold a license and appointment under this subtitle.
(6) A travel retailer, its employee, or its representative shall not offer and disseminate travel insurance, on behalf or under the direction of, and an insurer shall not accept any travel insurance from, a limited lines travel insurance producer except in accordance with KRS § 304.52-030.
(7) No person shall act as a travel retailer that offers and disseminates travel insurance unless that person is registered in accordance with KRS § 304.52-030(3).
(8) The commissioner shall prescribe and furnish all forms required under this subtitle as to licenses and appointments.
Effective: June 29, 2021
History: Amended 2021 Ky. Acts ch. 36, sec. 11, effective June 29, 2021. — Amended
2019 Ky. Acts ch. 8, sec. 1, effective June 27, 2019. — Amended 2012 Ky. Acts ch.
92, sec. 3, effective July 12, 2012. — Amended 2010 Ky. Acts ch. 24, sec. 1044, effective July 15, 2010. — Amended 2006 Ky. Acts ch. 254, sec. 2, effective July 12,
2006. — Amended 2005 Ky. Acts ch. 143, sec. 21, effective June 20, 2005. — Amended 2002 Ky. Acts ch. 273, sec. 11, effective July 15, 2002. — Amended 2000
Ky. Acts ch. 57, sec. 2, effective July 14, 2000; and ch. 393, sec. 4, effective July 14,
2000. — Amended 1986 Ky. Acts ch. 307, sec. 3, effective July 15, 1986. — Amended
1984 Ky. Acts ch. 262, sec. 2, effective April 1, 1985. — Amended 1982 Ky. Acts ch.
171, sec. 2, effective July 15, 1982. — Created 1970 Ky. Acts ch. 301, subtit. 9, sec.
8, effective June 18, 1970.