§ 36-404. Business of insurance.

Any one of the following acts in this state affected by mail or otherwise is defined to be doing the business of insurance in this state:

1.  The making of or proposing to make, as an insurer, an insurance contract;

2.  The making of or proposing to make, as guarantor or surety, any contract of guaranty or suretyship as a vocation and not merely incidental to any other legitimate business or activity of the guarantor or surety;

3.  The taking or receiving of any application for insurance;

4.  Maintaining any agency or office where any acts in furtherance of an insurance business are transacted, including but not limited to:

a.the execution of contracts of insurance with citizens of this or any other state,

b.maintaining files or records of contracts of insurance,

c.the processing of claims, and

d.the receiving or collection of any premiums, commissions, membership fees, assessments, dues or other consideration for any insurance or any part thereof;

5.  The issuance or delivery of contracts of insurance to residents of this state or to persons authorized to do business in this state;

6.  Directly or indirectly acting as an agent for, or otherwise representing or aiding on behalf of another, any person or insurer in:

a.the solicitation, negotiation, procurement or effectuation of insurance or renewals thereof,

b.the dissemination of information as to coverage or rates, or forwarding of applications, or delivery of policies or contracts,

c.inspection of risks,

d.fixing of rates or investigation or adjustment of claims or losses,

e.the transaction of matters subsequent to effectuation of the contract and arising out of it, or

f.in any other manner representing or assisting a person or insurer in the transaction of insurance with respect to subjects of insurance resident, located or to be performed in this state.

Provided, the provisions of this paragraph shall not operate to prohibit full-time salaried employees of a corporate insured from acting in the capacity of an insurance manager or buyer in placing insurance on behalf of such employer;

7.  Contracting to provide indemnification or expense reimbursement in this state to persons domiciled in this state or for risks located in this state, whether as an insurer, agent, administrator, trust, funding mechanism, or by any other method, for any type of medical expenses including, but not limited to, surgical, chiropractic, physical therapy, speech pathology, audiology, professional mental health, dental, hospital, or optometric expenses, whether this coverage is by direct payment, reimbursement, or otherwise;

8.  The doing of any kind of insurance business specifically recognized as constituting the doing of an insurance business within the meaning of the statutes relating to insurance;

9.  Ownership in whole or in part, directly or indirectly, of any entity involved in the business of insurance;

10.  Acquiring or assisting others in the acquisition or attempted acquisition of any entity involved in the business of insurance;

11.  Possessing a license, registration or permit issued or approved by the Insurance Commissioner;

12.  Any other transactions of business in this state by an insurance company, producer, title insurance producer, adjuster, third-party administrator, service warranty association, title insurer or any other person that is licensed by or registered with the Insurance Commissioner; or

13.  The doing of or proposing to do any insurance business in substance equivalent to any of the foregoing in a manner designed to evade the provisions of the statutes.

Added by Laws 2008, c. 184, § 4, eff. July 1, 2008.