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PRODUCER LICENSING |
1. License Applications
- How do I obtain license
applications?
Online Licensing Applications:The Department will only accept electronic license and renewal applications (please see Agent Bulletin No. 15). Applicants may apply online through the NIPR (National Insurance Producer Registry). The NIPR Gateway is a communication network that electronically links state insurance departments with the entities they regulate. The website address to submit an application is:
www.nipr.com
The following applications may be submitted electronically through NIPR:
- Resident & Nonresident License Applications
- Resident & Nonresident Amendments
- Address Changes
- Resident & Nonresident Renewals
- Appointments/Terminations
- How much is the
resident producer license application fee?
- Both
resident and non-resident producer license application fee is $75.00 and
payable to the State of Delaware. This should accompany your application.
- What is your turnaround
time on new license applications?
- Considering
mailing time, you should receive your license within 5 to 10 business days
from the date we receive your application and fee. Delays of course may
occur if it becomes necessary to investigate administrative actions or
background information listed
on your application.
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2. License Requirements
- Who needs to be
licensed?
- No
person or business entity shall sell, solicit or negotiate insurance in
this state for any class or classes of insurance unless that person is
licensed for that line of authority in accordance with Delaware law. If
the person or business entity represents the insurer or acts as an agent
of the insurer, they shall also hold a valid appointment with that
insurer.
- I'm an Insurance
Consultant, do I need to be licensed?
- Effective
March 1, 2002, Delaware no longer issues licenses to consultants
although, if a person is acting in the capacity of a consultant and
providing insurance advice, they may obtain a Producer License. Whenever a
person is acting as a consultant for the insured, they are not required to
obtain an appointment. Please note Delaware law does not permit a producer
to charge fees in addition to premium. Therefore, no producer may act as
both agent of the insured and charge the consumer consultant fees in
addition to commissions earned on policies.
- I receive override
commissions as a General Agent, do I need to be licensed and appointed with that
same company?
- A
General Agent who receives only a commission override for business
produced by licensed persons and has no involvement whatsoever in the
sale, solicitation or negotiation of insurance does not have to obtain a
license or appointment with that same insurer. For example, if the General
Agent has direct contact with the client in discussing insurance
transactions, that General Agent must obtain a license and appointment as
they would in fact fall under the definitions of selling, soliciting or
negotiating insurance.
- How do I cancel my
producer license?
- Any
licensed producer may contact the Insurance Department at any time to
cancel his or her license. Cancellation of a license does not relieve a
producer from any administrative action for violations of law that
occurred while that person held a license. Any time a resident producer
requests a "Letter of Clearance" to apply for a license in a new
resident state, the current resident license is cancelled. No producer may
hold a resident producer license in more than one state. Contacting the
Insurance Department to request cancellation of a license may be
accomplished by US Mail or Fax.
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3. Residency - Home State
- Do I need to actually
reside in this state to hold a Resident Producer License?
- No,
you could reside in another state and hold a Delaware resident producer
license. A resident producer license is issued using your Home State
address and the definition of Home State includes your principal place of
residency or your principal place of business. For example, you might live
in another state bordering Delaware but be employed in an agency in
Delaware.
- If I move to Delaware
from another state, how do I apply for a new resident producer license?
- If
you already hold a non-resident producer license in Delaware, all you need
to do is fill out a Form 2C reflecting the change of
address. The fee is $10. We have the capability to verify electronically that your license has
been terminated in your Home State and if you are licensed in good
standing, we will immediately issue you a new resident producer license.
You will not need to complete an application, take any insurance exams for
lines held under your Delaware non-resident license prior to the requested
change of address. You will need to make this request within 90 days from
the date you move to Delaware. Title 18. §1709(a)
- If I move to another
state from Delaware, how do I obtain a new non-resident producer license from
Delaware?
- First,
you will need to obtain a Letter of Clearance by sending a request and
payment in the amount of $5.00 to the Delaware Insurance Department. Only the licensed individual may request this letter. We
will issue the Letter of Clearance in favor of the new state in which you
are applying for a new resident producer license. The Letter of Clearance
indicates you were licensed and in good standing in Delaware and the lines
of authority you were authorized to write. We allow a 60-day
window for you to obtain your resident license. Once you have obtained your
resident producer license in your home state, a Form 2C and a $10 fee is
required to be sent to the Department. We will re-issue you a
non-resident license for Delaware. No license application or Home
State Certification is necessary if you were licensed and in good standing
when you left Delaware.
- If I move to Delaware
and have been licensed in another state, do I need to take any insurance exams?
- If
you move to Delaware and held a license previously in another state and
request or apply for a license in Delaware within 90 days of the date you
terminated your license in the previous state, you will not need to take
any Delaware exams to become licensed for the same lines of authority you
held in your previous state. If you do wish to become licensed in
additional lines of insurance, you may need to take an exam. Title 18. §1709(a)
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4. Resident Producer Licensing
- How do I become
licensed as a new resident Delaware Insurance Producer?
- If
you have not previously held a producer license in this state or any other
state, you will need to take insurance exams for those lines of authority
you wish to sell in this state. Upon completing and passing your exam(s)
you will need to complete a producer license application, provide an
original
criminal background report from your resident state, and
remit both to our office with your application fee in the amount of $75.00. Click
here to download the applications from our web site.
License exam
information and bulletins may be obtained from our exam provider by calling
Promissor at 1-800-274-0455 or contact their web site
at www.asisvcs.com.
- Do I need to complete
pre-licensing education before becoming licensed?
- No
pre-licensing education is required in Delaware to obtain a resident or
non-resident producer license. However, to avoid repeating the exam
process we encourage all prospective candidates to prepare properly for
exams by taking pre-licensing courses provided by their proposed company
or a local professional agent association.
- How do I schedule an
insurance licensing exam?
- Contact
the exam provider Promissor or contact their web site at www.asisvcs.com to obtain a candidate handbook and schedule an exam.
5. Non-Resident Producer Licensing
- How do I qualify for a
non-resident Producer License?
- You may file your
non-resident license request electronically at www.licenseregistry.com.
Application may also be made by completing the NAIC Uniform Non-Resident
Producer License Application that you can obtain from this web site (click
here). Once you complete the application, attach your license application
fee of $75.00 and send the application and fee directly to our office. You
do not need to send your application to a sponsoring insurance company.
- Do I need to provide a
Home State Certification?
- No, Delaware subscribes to
the NAIC Producer Database (PDB). We have the capability to verify electronically that your
license is active and in good-standing.
- How much is the
non-resident producer license application fee?
- The
non-resident license application fee is the same as a resident fee $75.00.
This fee is non-refundable.
- Are non-resident
licensing and appointment fees retaliatory?
- Delaware
does not charge retaliatory fees.
- As a non-resident, do I
need to complete any CE for Delaware?
- Non-resident
producers are exempt from continuing education requirements in Delaware.
You only need to comply with continuing education requirements in your
Home State.
- If I move to your state
do I have to complete pre-licensing education or take an insurance exam?
- Delaware
does not require pre-licensing education. If you apply for a new
resident producer license within 90 days of the termination of the
license in your Home State, you will not have to complete insurance
exams in this state.
- Do I need a
non-resident license to enroll employees in a group benefit plan?
- No
person is required to be licensed as a producer if their activities are
limited to securing and furnishing information for the purpose of group
life insurance, group annuities, group or blanket accident and health
insurance, or for the purpose of enrolling individuals under such plans or
administering such plans. This exemption is only applicable for true group
insurance plans in which an employer sponsors such plan and employees are
provided the option of enrolling in that plan. If you sell, solicit or
negotiate insurance coverage in addition to the group benefits offered by
the employer, a producer license is required.
- Do I need a
non-resident license to extend coverage to a multi-state commercial
property/casualty risk?
- No
producer license is required of a producer who is not a resident of this
state who sells, solicits or negotiates a contract of insurance for
commercial property and casualty risks to an insured with risks located in
more than one state insured under that contract, if that person is
otherwise licensed as an insurance producer in the state where the insured
maintains its principal place of business.
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6. Appointments and Terminations
- Do you require
appointments in Delaware?
- Yes,
appointments are required of those producers who are acting in the
capacity of an "agent of the insurer". Written notice or
verification of all appointments is mailed to both the insurer and the
licensed producer.
- What is an agent of the
insurer?
- An
agent of the insurer is any insurance producer who is compensated directly
or indirectly by an insurer and sells, solicits or negotiates any
insurance product of that insurer. An agent of the insurer must hold an
appointment with that insurer.
- What is a Broker of the
insured?
- Broker of insured means a
licensed producer of the Department who for compensation negotiates on
behalf of others contracts for insurance from companies to whom he or she
is not appointed.
- How soon is an
appointment required of a producer?
- An
insurer must appoint a producer or business entity as its agent within
fifteen (15) days from the date the agency contract is executed or the
first insurance application is submitted by the producer or business
entity to the insurance company.
- If I lose my last
appointment, will my license be canceled?
- No,
the termination of a producer's final appointment will not terminate
that producer's license although that producer may not act as an agent
of an insurer until he or she is appointed by that insurer.
- When do appointments
become effective?
- Appointments may be
processed electronically through the NAIC Producer Information Network (PIN)
To access the Producer Information Network (PIN) you may call the NIPR's product
information line at (816)783-8468. Paper appointments are still accepted. Click here for an application.
- Are appointments
renewed annually?
- No,
all appointments are permanent unless cancelled by the Company and/or
producer or the Department by operation of law including suspension,
revocation or consent stipulation.
- How much are your
appointment fees?
- New
appointment fees are $25.00 for resident and non-resident producers.
- Are appointment fees
retaliatory?
- How does an insurance
company terminate an appointment?
- Appointments
may be terminated by use of paper forms or electronic appointment
termination through the NAIC Producer Information Network (PIN). Insurers must provide the
Department with a reason for termination. Click here to download our
paper forms.The
Company is responsible to send written notice of an appointment
termination to both the Department and the producer.
- Is an insurance company
required to notify a producer of a termination?
- Yes,
insurers are required to notify the producer within fifteen (15) days of
the date a notice of appointment termination is sent to the Department of
Insurance.
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7. Continuing Education
- Who is required to
comply with CE requirements?
- Only
resident producers and adjusters are required to comply with Delaware CE laws. Resident
producers are granted additional credits for holding an approved
professional designation or for continuously holding a license for 25
years or more. Click here for Continuing Education Regulation
504 (Formerly Regulation 47)
requirements.
- Are non-residents
required to do CE?
- Non-resident
producers are exempt from continuing education requirements although if a
producer fails to comply with continuing education requirements in his or
her home state may result in the suspension/revocation and or fines.
- How do I obtain a list
of approved CE providers?
- All
Delaware approved CE providers are available on our web
site.
You may also contact our Continuing Education Coordinator, Kim Vinson (Kim.Vinson@state.de.us).
- What license types or
lines of authority are exempt from CE ?
- Limited
Lines licenses are exempt from continuing education
requirements.
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8. Definitions
- A
producer is any person required to be licensed under the laws of this
State to sell, solicit or negotiate insurance. The term
"Producer" replaces any previous reference to Agents or Brokers.
All Agent, Broker, Consultant, and Limited Representative licenses for both residents and non-residents will
be replaced with the new Producer license.
- What are the
definitions of Sell, Solicit and Negotiate?
-
The
terms sell, solicit and negotiate are used throughout the new licensing
laws and are used to determine when a license is required. The terms are
defined as follows:
- Sell -
To exchange a contract of insurance by any means, for money or its equivalent,
on behalf of an insurance company. Solicit - Attempting
to sell insurance or asking or urging a person to apply for a particular kind of
insurance from a particular company. Negotiate - 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 if the person
engaged in that act either sells insurance or obtains insurance from insurers
for purchasers.
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9. Licensing Exemptions
- Are officers,
directors, employees or customer service representatives (CSR's) of an
insurance agency or insurance company exempt from licensing?
- A
license is not required of an officer, director or employee of an agency
or insurance company if they do not receive any commission on policies
written or sold to insure risks residing, located, or to be performed in
this state and their activities are executive, administrative, managerial,
clerical or a combination of these and are only indirectly related to the
sale, solicitation or negotiation of insurance.
- I'm an adjuster for
property/casualty claims, do I need to be licensed?
- I'm a Risk Manager
for my employer, do I need to be licensed?
- Risk
Managers are exempt from licensing if they are a salaried full-time
employee who only counsels or advises his or her employer relative to the
insurance interests of the employer or of the subsidiaries or business
affiliates of the employer, if the employee does not sell or solicit
insurance or receive a commission.
- If I advertise
insurance in Delaware, do I need to be licensed as a Producer?
- Any
person whose activities in this state are limited to advertising without
the intent to solicit insurance in this state through communications in
printed publications or other forms of electronic mass media (Internet)
whose distribution is not limited to residents of this state is exempt
from licensing requirements as long as they are not selling, soliciting or
negotiating insurance in this state.
- If I'm in active
military duty, do I need to comply with licensing or C.E. requirements?
- Any
licensed insurance producer who is unable to comply with license renewal
or C.E.
procedures due to military service may request a waiver from the
Commissioner.
- If I become ill or
disabled do I need to comply with licensing or C.E. requirements?
- Any
licensed insurance producer who is unable to comply with license renewal
or C.E. procedures due to a long-term medical disability or other extenuating
circumstances may request a waiver from the Commissioner.
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10. License Termination or Lapse
- Will my license be
canceled or lapse due to nonpayment of fees or not completing CE?
- If
a resident producer license lapses due to non-payment of fees or
failing to complete continuing education requirements, that producer may
be reinstated and is required to pay a fine to reinstate the license
within 12 months. If a non-resident producer license lapses due to
non-payment of fees, that producer may be reinstated and shall pay double
the renewal fee and a fine to reinstate the license within 12 months. No producer may
transact the business of insurance in this state while his or her license
is in a state of lapse and appointments with insurers will be terminated.
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11. Business Entities Corporations - Partnerships - Legal Entities)
- Does my Corporation or
Partnership need to be licensed?
- Yes,
business entity's need to be licensed as a producer. A business entity
is defined as a corporation, association, partnership, limited liability
company, limited liability partnership, or other legal entity.
- How do I apply for a
Business Entity Producer License?
- Non-resident
Business Entities may apply electronically at www.licenseregistry.com. A
Letter of Certification is not required. Currently, only paper
applications are accepted for resident Business Entities. Click here for a
paper application.
- Does my Business Entity need to be appointed by the insurer(s) I
represent?
- Do I have to have
Producers affiliated with my Business Entity?
- A
Business Entity must designate a licensed insurance producer responsible
for the entity's compliance with the insurance laws and rules of this
state. Also note, any producer representing the business entity in this
state must be licensed and appointed with insurers the producer
represents. The Business Entity license does not automatically authorize
producers to sell, solicit and negotiate insurance in this state without
an individual resident or non-resident producer license. If no producers
are affiliated with the business entity license, the business entity
license will automatically lapse. For example, if the business entity only
had one producer affiliated and that producer's license were terminated
for any reason, the business entity license would also lapse.
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12. Limited Lines Credit Insurance
- What is Limited Lines
Credit Insurance?
- Limited
Lines Credit Insurance is credit life, credit disability, credit property,
credit unemployment, involuntary unemployment, mortgage life, mortgage
guaranty, mortgage disability, guaranteed automobile protection (GAP)
insurance, and any other form of insurance offered in connection with an
extension of credit that is limited to partially or wholly extinguishing
the credit obligation that the Director determines should be designated a
form of Limited Line Credit Insurance.
- Do I need to take an
exam or complete CE for a Limited Line Credit License?
- No
exam is required for Limited Line Credit Insurance.
A Form 2A, $75 fee, and a criminal background is required.
- Do I need to complete a
training program to sell credit insurance?
- Each
insurer that sells, solicits or negotiates any form of credit insurance
shall provide the business entity a program of instruction that must be
administered for each employee of the business entity whose duties include
selling, soliciting or negotiating any form of credit insurance.
- Do I need a license to
sell "group" credit insurance?
- Anyone who sells, solicits
or negotiates contracts of insurance must be licensed. Exceptions to
licensing are found under Title 18 §1704.
- Does this new line
include GAP Insurance?
- Yes,
Limited Lines Credit Insurance includes Guaranteed Automobile Protection
(GAP) Insurance.
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13. Lines of Authority
- What lines of authority
are issued in Delaware?
- Delaware
has adopted the Major Lines of Authority contained in the NAIC Producer
Licensing Model Act. The major lines of authority are now Property,
Casualty, Life, Accident & Health or Sickness, Variable and Personal
Lines Insurance. For a complete explanation of the changes in lines of
authority see Title 18 §1707.
- What if I'm a
non-resident and you don't offer a certain line of authority?
- Under
our new licensing laws the Commissioner has authority to issue a line of
authority to a non-resident producer that is not currently offered by our
state but only if a license is required for that line of authority. For
example, if you are a resident producer of Maryland and currently hold a
license to sell Crop Insurance in your Home State and apply for that same
line of authority in Delaware as a non-resident producer, we will issue
you that line of authority under a limited miscellaneous license.
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14. License Renewals
- When does my license
renew?
- Resident licensees
and business entities are required to renew biennially by February 28th of every
even year. License renewals are mailed to the licensees 90 days prior to
the due date. Resident Insurance Producers, Limited Lines Producers,
Fraternal Producers, Adjusters, Appraisers, and Surplus Lines Brokers initially
licensed within 90 days prior to the renewal deadline of February 28th (December
1st - February 28th) are not subject to the renewal fee for that specific
biennial renewal period.Non-resident
licensees and business entities are required to renew biennially by February
28th of every odd year. License renewals are mailed to the licensees 90
days prior to the due date. Non-resident Insurance Producers, Limited
Lines Producers, Fraternal Producers, Adjusters, Appraisers, and Surplus Lines
Brokers initially licensed within 90 days prior to the renewal deadline of
February 28th (December 1st - February 28th) are not subject to the renewal fee
for that specific biennial renewal period.
- How do I renew my
license?
- Both resident and non-resident
licensees may renew electronically. The renewal notice will provide
information on how to renew on-line.
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15. Change Requests
- How do I make a change
request for my address or a change of name?
- Delaware requires notification of a change of address within 30 days. A
Form 2C is required.
- How
do I make a name change?
- Delaware
requires a Form 2C along with proof of name change and a $10 fee to amend
Department records.
16. NAIC Electronic Licensing Initiatives
- Does Delaware subscribe
to the NAIC Producer Data Base (PDB)?
- How do I obtain access
to the NAIC Producer Data Base (PDB)?
- To
access Internet PDB you must have a valid customer number and PIN, which
may be obtained by calling the NIPR's product information line at
816-783-8468. Before receiving a customer number and PIN, you will be
asked to sign a license agreement. Once the license agreement is signed
and a customer number and PIN have been assigned, you will be able to
access Internet PDB. Additional information may be obtained from the
National Insurance Producer Registry (NIPR) web site located at: http://www.licenseregistry.com
- Does Delaware offer
electronic appointments?
- Do you accept
electronic appointments through the NAIC PIN?
- How do I subscribe to
PIN and electronic appointments?
- To
access the Producer Information Network (PIN) you may call the NIPR's
product information line at 816-783-8468.
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17. Assumed Names or Trade Names
- Am I required to report
an assumed name or a trade name?
- Yes,
you are to report any and all assumed names, alias, trade names or DBA's
to the Department of Insurance.
A Form 2C, proof of DBA and a $10 fee is required.
18. Temporary Licensing
- Do you offer a
temporary license?
- Yes,
the Commissioner may issue a temporary license for a period not to exceed
180 days without requiring an examination if the Commissioner determines
the temporary license is necessary to provide continued service to
policyholders. This occurs primarily due to the death, total disability or
active military service of a licensed producer. The Commissioner may issue
the temporary license to a surviving spouse, a legal representative of the
producer or an employee of the producer. To obtain a temporary license,
contact the Department of Insurance.
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19. Commissions, Commission Sharing and Rebating
- Can I share commissions
with an unlicensed person?
- No
insurer or insurance producer may pay a commission, service fee, brokerage
or other valuable consideration to a person for selling, soliciting or
negotiating insurance in this state if that person is required to be
licensed under the laws of this state and is not so licensed.
- Does Delaware allow
rebating?
- Delaware
does not permit rebating. Anti-Rebating statutes are found under Title 18
Chapter 23 Unfair Trade Practices Act.
- If I leave the
insurance business or state, may I continue receiving commissions?
- Renewal
of other deferred commissions may be paid to a person if the person was
required to be licensed and was at the time of the sale. If a person moves
from this state and is subsequently contacted by a former client, the
producer must obtain a license to sell, solicit or negotiate insurance in
behalf of that customer.
- May I pay service fees
or marketing fees?
- An
insurer or insurance producer may pay or assign a commission, service fee,
brokerage, nominal fee of a fixed dollar amount for each referral that
does not depend on whether the referral results in a transaction or sale,
or other valuable consideration to an insurance agency or to persons who
do not sell, solicit or negotiate insurance in this state, unless the
payment would violate anti-rebating statutes.
- I'm a non-resident
general agent, do I need a license to share in commissions?
- A General Agent who
receives only a commission override for business produced by persons he or
she solicited as producers and has no involvement whatsoever in the sale,
solicitation or negotiation of insurance does not have to obtain a license
or appointment with that same insurer. For example, if the General Agent
has direct contact with the client in the transaction of insurance, that
General Agent must obtain a license and appointment as they would in fact
be selling, soliciting or negotiating insurance.
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