LegalFix

§ 10-128. Signature or countersignature of policies

MD Ins Code § 10-128 (2019) (N/A)
Copy with citation
Copy as parenthetical citation

(a)    This section does not apply to:

(1)    reinsurance;

(2)    life insurance, health insurance, or annuity contracts;

(3)    insurance of:

(i)    rolling stock, vessels, or aircraft of a common carrier used in interstate or foreign commerce;

(ii)    a motor vehicle principally garaged and used outside the State; or

(iii)    liability or other risks, incident to the ownership, maintenance, or operation of a subject of insurance under item (i) or (ii) of this item;

(4)    insurance of property while transported in interstate or in foreign trade, or any liability or risk incident to the transportation;

(5)    insurance of wet marine and transportation risks;

(6)    bid bonds issued in connection with public or private contracts;

(7)    policies or endorsements issued through:

(i)    insurance producers compensated only by salary;

(ii)    insurers not using insurance producers in the general solicitation of business;

(iii)    mutual insurers or other insurers not customarily using insurance producers compensated by commission if no commission is payable to an insurance producer on the policy or endorsement; or

(iv)    insurers or groups of insurers under common management or control that are represented exclusively by insurance producers who represent only the insurers or groups of insurers;

(8)    reciprocal insurers; or

(9)    insurance written through:

(i)    the Maryland Automobile Insurance Fund; or

(ii)    the Maryland Property Insurance Availability Program.

(b)    This section does not alter the requirements of § 10-119 of this subtitle.

(c)    (1)    Notwithstanding any other provision of law of this State or of policy forms, and subject to paragraph (2) of this subsection, an insurance producer that is a resident of this State may not be required to sign or countersign a policy covering a subject of insurance resident, located, or to be performed in this State.

(2)    A policy covering a subject of insurance resident, located, or to be performed in this State shall be signed or countersigned by an insurance producer that is a resident of this State if:

(i)    the policy is written by an insurance producer that is a resident of another state and is qualified as a nonresident insurance producer in this State; and

(ii)    the law of the other state requires a signature or countersignature by an insurance producer that is a resident of that state on a policy written by an insurance producer that is not a resident in that state.

(3)    A policy is not invalid because it does not have the required signature or countersignature.

(d)    (1)    A person may not sign or countersign a policy or endorsement subject to this section unless the person:

(i)    is a licensed insurance producer;

(ii)    is a resident of this State;

(iii)    is compensated by commissions on policies subject to this section; and

(iv)    is not an employee or officer of the insurer issuing the policy.

(2)    This section does not prevent an insurance producer from:

(i)    delegating the duty of signing or countersigning to employees of the insurance producer that are not also employees of lending institutions; or

(ii)    directing the payment of commissions on policies subject to this section to a corporation or partnership insurance agency or otherwise.

(e)    An insurance producer may not countersign a policy or endorsement unless the policy or endorsement states, as applicable:

(1)    the rates or premiums;

(2)    a description of the property insured; and

(3)    the name and address of the insured.

(f)    If the law of another state requires an insurance producer that is a resident of that state to keep part of the commission paid on a policy written, countersigned, or delivered by the insurance producer in that state on request of a nonresident insurance producer of that state, an insurance producer that is a resident of this State and that signs or countersigns a policy written by an insurance producer that is a resident of the other state and qualified as a nonresident insurance producer in this State covering a subject of insurance resident, located, or to be performed in this State shall keep an equal pro rata part of any commission on the policy.

LegalFix

Copyright ©2024 LegalFix. All rights reserved. LegalFix is not a law firm, is not licensed to practice law, and does not provide legal advice, services, or representation. The information on this website is an overview of the legal plans you can purchase—or that may be provided by your employer as an employee benefit or by your credit union or other membership group as a membership benefit.

LegalFix provides its members with easy access to affordable legal services through a network of independent law firms. LegalFix, its corporate entity, and its officers, directors, employees, agents, and contractors do not provide legal advice, services, or representation—directly or indirectly.

The articles and information on the site are not legal advice and should not be relied upon—they are for information purposes only. You should become a LegalFix member to get legal services from one of our network law firms.

You should not disclose confidential or potentially incriminating information to LegalFix—you should only communicate such information to your network law firm.

The benefits and legal services described in the LegalFix legal plans are not always available in all states or with all plans. See the legal plan Benefit Overview and the more comprehensive legal plan contract during checkout for coverage details in your state.

Use of this website, the purchase of legal plans, and access to the LegalFix networks of law firms are subject to the LegalFix Terms of Service and Privacy Policy.

We have updated our Terms of Service, Privacy Policy, and Disclosures. By continuing to browse this site, you agree to our Terms of Service, Privacy Policy, and Disclosures.
§ 10-128. Signature or countersignature of policies