Section 406-B:2 Insurance Business Defined.
Any of the following acts in this state effected by mail or otherwise by or on behalf of an unlicensed insurer is deemed to constitute the transaction or doing of an insurance business in this state. The venue of an act committed by mail is at the point where the matter transmitted by mail is delivered and takes effect. Unless otherwise indicated, the term ""insurer'' as used in this section includes all corporations, associations, partnerships and individuals, engaged as principals in the business of insurance and also includes interinsurance exchanges and mutual benefit societies. The word ""commissioner'' shall mean the insurance commissioner.
I. The making of or proposing to make, as an insurer, an insurance contract.
II. 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.
III. The taking or receiving of any application for insurance.
IV. The receiving or collection of any premium, commission, membership fees, assessments, dues or other consideration for any insurance or any part thereof.
V. The issuance or delivery of contracts or certificates of insurance to residents of this state or to persons authorized to do business in this state.
VI. Directly or indirectly acting as an agent for or otherwise representing or aiding on behalf of another any person or insurer in the solicitation, negotiation, procurement, or effectuation of insurance or renewals thereof, or in the dissemination of information as to coverage or rates, or forwarding of applications, or delivery of policies or contracts, or inspection of risks, a fixing of rates or investigation or adjustment of claims or losses or in the transaction of matters subsequent to effectuation of the contract and arising out of it, or 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. The provisions of this section 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 in behalf of such employer.
VII. 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.
VIII. The doing 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.
IX. Any other transactions of business in this state by an insurer.
Source. 1967, 237:1. 1969, 260:2, 3. 1971, 170:1. 1985, 177:1, 3. 1986, 93:2, 4. 2002, 207:32, eff. July 15, 2002.