Exemptions from insurance producer licensing requirements
(1)ORS 744.052 (Definitions for ORS 744.052 to 744.089) to 744.089 (Report of administrative action taken against insurance producer) do not require an insurer to obtain a license as an insurance producer as required by ORS 744.053 (Requirements to be licensed as insurance producer for class of insurance). For purposes of this section, the term “insurer” does not include an insurer’s officers, directors, employees, subsidiaries or affiliates.
(2)A license as an insurance producer is not required of any of the following:
(a)An officer, director or employee of an insurer or an insurance producer, if the officer, director or employee does not receive any commission on or fee for policies written or sold to insure risks residing, located or to be performed in this state and:
(A)The officer’s, director’s or employee’s activities are executive, administrative, managerial, clerical or a combination of these, and are only indirectly related to the sale, solicitation or negotiation of insurance;
(B)The officer’s, director’s or employee’s function relates to underwriting, loss control, inspection or the processing, adjusting, investigating or settling of a claim on a contract of insurance; or
(C)The officer, director or employee is acting in the capacity of an agency supervisor assisting insurance producers when the person’s activities are limited to providing technical advice and assistance to insurance producers and do not include the sale, solicitation or negotiation of insurance.
(b)A person who does either of the following, when the person does not receive any commission or fee for the service:
(A)Secures and furnishes information for the purpose of group life insurance, group property and casualty insurance, group annuities or group or blanket health insurance or for the purpose of enrolling individuals under plans, issuing certificates under plans or otherwise assisting in administrative plans; or
(B)Performs administrative services related to mass-marketed property and casualty insurance.
(c)An employer or an association of employers or its officers, directors or employees, or the trustees of an employee trust plan:
(A)To the extent that the employers, associations, directors, officers, employees or trustees are engaged in the administration or operation of a program of employee benefits for the employer’s or association’s own employees or the employees of its subsidiaries or affiliates;
(B)To the extent that the program of employee benefits involves the use of insurance issued by an insurer; and
(C)As long as the employers, associations, officers, directors, employees or trustees are not in any manner compensated, directly or indirectly, by the insurer issuing the insurance.
(d)An employee of an insurer or an organization employed by insurers who is engaging in the inspection, rating or classification of risks, or in the supervision of the training of insurance producers and who is not individually engaged in the sale, solicitation or negotiation of insurance.
(e)A 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 electronic mass media, the distribution of which is not limited to residents of this state, but only if the person does not sell, solicit or negotiate insurance that would insure risks residing, located or to be performed in this state.
(f)A person who is not a resident of this state who sells, solicits or negotiates a policy of insurance for commercial property and casualty risks to an insured with risks located in more than one state insured under that policy, but only if the person is otherwise licensed as an insurance producer to sell, solicit or negotiate that insurance in the state where the insured maintains its principal place of business and the contract of insurance insures risks located in that state.
(g)A salaried full-time employee who counsels or advises the employer of the employee relative to the insurance interests of the employer or of the subsidiaries or business affiliates of the employer, but only if the employee does not sell or solicit insurance or receive any commission.
(h)An attorney in fact of an authorized reciprocal insurer, or the salaried representative of the insurer or attorney who does not receive any commission.
(i)A person engaging in the lawful transaction of reinsurance.
(j)Salaried employees of title insurance producers or insurers, except for the individual or individuals designated as exercising the powers conferred by a title insurance producer’s license.
(k)Any agent or representative of persons exempt from the Insurance Code under ORS 731.036 (Persons completely exempt from application of Insurance Code) or holding a certificate of exemption under ORS 731.042 (Certificate of exemption), with respect to the exempted transactions.
(L)Any agent or representative of a fraternal benefit society who devotes, or intends to devote, less than 50 percent of the agent’s or representative’s time to the solicitation and procurement of insurance policies for that society. Any person who in the preceding calendar year has solicited and procured life insurance policies on behalf of any fraternal benefit society for an amount of insurance in excess of $50,000 or, in the case of any other class or classes of insurance that the society might write, on the persons of more than 25 individuals, and who has received or will receive a commission or other compensation therefor, shall be presumed to be devoting, or intending to devote, 50 percent or more of the person’s time to the solicitation and procurement of insurance policies for that society.
(m)An individual engaging in the lawful transaction of home protection insurance if the individual is a real estate licensee as defined in ORS 696.010 (Definitions), and if the transaction of such insurance by the individual is subject to a written contract, to which the insurer is a party, governing the individual’s activities in the transaction.
(n)Salaried employees of a financial institution or trust company, as those terms are defined in ORS 706.008 (Additional definitions for Bank Act), who, in the regular course of business with the customers of the financial institution or trust company, present the customers with written information about savings account annuities issued by an authorized insurer. Any person who purchases such an annuity may rescind the transaction within 10 days after the issuance of the contract. For purposes of this paragraph, “savings account annuities” means annuities purchased with the proceeds of a savings account, certificate or share in a financial institution or trust company.
(3)A person who provides general insurance advice in connection with providing other professional services such as legal services, trust services, tax and accounting services, financial planning or investment advisory services is not considered to be soliciting the sale of insurance for the purpose of the definition of “insurance producer” in ORS 731.104 (“Insurance producer”). [2001 c.191 §4; 2003 c.364 §4; 2003 c.802 §175; 2007 c.71 §242; 2007 c.319 §34]
Atty. Gen. Opinions
Under Former Similar Statute (Ors 744.025)
Licensing credit union as insurance agent, (1983) Vol 43, p 150