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1-101. Definitions. (a) In general.- In this article the following words have the meanings indicated. Special Revisor's Note. As enacted by Ch. 36, Acts of 1995, this subsection was new language added as the standard introductory language to a definition section. Chapter 35, Acts of 1997, repealed and reenacted this subsection without change. (b) Administration.- "Administration" means the Maryland Insurance Administration. Special Revisor's Note. As enacted by Ch. 36, Acts of 1995, this subsection was new language derived without substantive change from former Art. 48A, 14(a) and 734(b). Chapter 35, Acts of 1997, repealed and reenacted this subsection without change. The former limitation, "unless the context requires otherwise", was deleted by Ch. 36 as unnecessary because the full title of any other administration or department appears in the text when used in this revised article. Former Art. 48A, 5(2), which defined "Department" to mean the State Insurance Department of Maryland, was deleted by Ch. 36 as obsolete. Former Art. 48A, 492(d), which defined "Department" to mean "the Insurance Department, the Insurance Commissioner or his authorized representative", was deleted by Ch. 36 as obsolete and as misleading because the "Department" does not mean the "Commissioner". Defined Terms. "Insurance" 1-101 (c) Alien insurer.- "Alien insurer" means an insurer that is formed under the laws of a jurisdiction other than the United States or a state. Special Revisor's Note. As enacted by Ch. 36, Acts of 1995, this subsection was new language derived without substantive change from former Art. 48A, 6(3). Chapter 35, Acts of 1997, repealed and reenacted this subsection without change. The former word "country" was deleted by Ch. 36 as included in the reference to "jurisdiction". Defined Terms. "Insurer" 1-101 "State" 1-101 (d) Annuity.- (1) "Annuity" means an agreement to make periodic payments for which the making or continuance of all or some of a series of the payments, or the amount of a payment, depends on the continuance of a human life. (2) "Annuity" includes: (i) an additional benefit that operates to safeguard the contract from lapse or to provide a special surrender value, special benefit, or annuity in the event of the total and permanent disability of the holder; and (ii) benefits that provide payment or reimbursement for long-term home health care or long-term care in a nursing home or other related institution. (3) "Annuity" does not include life insurance. Special Revisor's Note. As enacted by Ch. 36, Acts of 1995, this subsection was new language derived without substantive change from the first and second sentences of former Art. 48A, 65. However, Ch. 60, Acts of 1996, corrected a grammatical error in paragraph (1) of this subsection. Chapter 35, Acts of 1997, revised paragraph (2) of this subsection to conform to language used in subsection (w) of this section. In paragraph (2) of this subsection, Ch. 36 deleted as surplusage the former reference to the "business" of annuities. Defined Terms. "Life insurance" 1-101 (e) Annuity contract.- "Annuity contract" means a contract that provides for an annuity. Special Revisor's Note. As enacted by Ch. 36, Acts of 1995, this subsection was new language derived without substantive change from the third sentence of former Art. 48A, 65. Chapter 35, Acts of 1997, repealed and reenacted this subsection without change. Defined Terms. "Annuity" 1-101 (f) Appointment.- "Appointment" means an agreement between an insurance producer and insurer under which the insurance producer, for compensation, may sell, solicit, or negotiate policies issued by the insurer. (g) Authorized insurer.- "Authorized insurer" means an insurer that holds a valid certificate of authority. Special Revisor's Note. As enacted by Ch. 36, Acts of 1995, this subsection was new language derived without substantive change from former Art. 48A, 7(1). However, Ch. 35, Acts of 1997, added the word "valid" to modify the term "certificate of authority" for clarity. The Insurance Article Review Committee notes, for consideration by the General Assembly, that the Maryland Automobile Insurance Fund is authorized by statute to issue policies of automobile liability insurance. See 20-502(a) of this article. The Maryland Automobile Insurance Fund, however, does not hold a certificate of authority issued by the Commissioner. Defined Terms. "Certificate of authority" 1-101 "Insurer" 1-101 (h) Burial insurance.- "Burial insurance" includes any kind of agreement, certificate, policy, contract, bond, assurance guarantee, or other arrangement, by bylaw, regulation, or otherwise, in or by which the party that issues the certificate, policy, contract, bond, assurance guarantee, or other arrangement agrees to: (1) provide for the burial of a named or designated deceased individual; (2) save harmless anyone for all or part of the costs of the burial of a named or designated deceased individual; or (3) pay all or part of the incidents of the burial of a named or designated deceased individual. Revisor's Note. This subsection is new language derived without substantive change from the first sentence of former Art. 48A, 488. In items (1), (2), and (3) of this subsection, the references to a "deceased individual" are substituted for the former references to a "person" and the "body ... of a person" because only a deceased individual would be buried. Defined Terms. "Policy" 1-101 (i) Casualty insurance.- (1) "Casualty insurance" means: (i) insurance against legal, contractual, or assumed liability for death, injury, or disability of a human being, or for damage to property; (ii) if issued as an incidental coverage with or supplemental to liability insurance and regardless of legal liability of the insured, insurance that provides medical, hospital, or surgical disability benefits to injured individuals and funeral and death benefits to dependents, beneficiaries, or personal representatives of individuals killed; or (iii) unless disapproved by the Commissioner as contrary to law or public policy, insurance against any other kind of loss, damage, or liability that is properly a subject of insurance and not within any other kind of insurance described in this subsection. (2) "Casualty insurance" includes motor vehicle physical damage insurance, burglary and theft insurance, glass insurance, workers' compensation insurance, employer's liability insurance, and boiler and machinery insurance. Special Revisor's Note. As enacted by Ch. 36, Acts of 1995, this subsection was new language derived without substantive change from former Art. 48A, 68. However, Ch. 35, Acts of 1997, made stylistic changes in paragraph (2) of this subsection. Defined Terms. "Commissioner" 1-101 "Insurance" 1-101 (j) Certificate of authority.- "Certificate of authority" means a certificate issued by the Commissioner to engage in the insurance business. Special Revisor's Note. As enacted by Ch. 36, Acts of 1995, this subsection was new language added to provide an express definition for the term "certificate of authority". Chapter 35, Acts of 1997, repealed and reenacted this subsection without change. Defined Terms. "Commissioner" 1-101 "Insurance business" 1-101 (k) Commissioner.- "Commissioner" means the Maryland Insurance Commissioner. Special Revisor's Note. As enacted by Ch. 36, Acts of 1995, this subsection was new language derived without substantive change from former Art. 48A, 5(1), 478B(3), and 566(c), and former CA 6-401(b). Chapter 35, Acts of 1997, repealed and reenacted this subsection without change. The former limitation, "[u]nless context requires otherwise", was deleted by Ch. 36 as an unnecessary statement of a general rule of statutory construction. The reference to the "Maryland Insurance Commissioner" was substituted by Ch. 36 for the former references to the "State Insurance Commissioner of Maryland" and the "State Insurance Commissioner" to use the proper title of the position. See 2-101(b) of this article. (l) County.- "County" means a county of the State or Baltimore City. Special Revisor's Note. As enacted by Ch. 36, Acts of 1995, this subsection was new language added to indicate that a reference in this article to "county" includes Baltimore City, unless the reference specifically provides otherwise. Chapter 35, Acts of 1997, repealed and reenacted this subsection without change. Article 1, 14(a) of the Code provides that "county" includes Baltimore City "unless such construction would be unreasonable". Since the word "unreasonable" in that section has been interpreted in various ways, the Commission to Revise the Annotated Code decided that an explicit definition of "county" should be included in revised articles of the Code. (m) Domestic insurer.- "Domestic insurer" means an insurer that is formed under the laws of the State. Special Revisor's Note. As enacted by Ch. 36, Acts of 1995, this subsection was new language derived without substantive change from former Art. 48A, 6(1). Chapter 35, Acts of 1997, repealed and reenacted this subsection without change. Defined Terms. "Insurer" 1-101 (n) Foreign insurer.- (1) "Foreign insurer" means an insurer that is formed under the laws of a jurisdiction other than this State. (2) Unless the context requires otherwise, "foreign insurer" includes an alien insurer. Special Revisor's Note. As enacted by Ch. 36, Acts of 1995, this subsection was new language derived without substantive change from former Art. 48A, 6(2) and (4). Chapter 35, Acts of 1997, repealed and reenacted this subsection without change. Defined Terms. "Alien insurer" 1-101 "Insurer" 1-101 (o) Fund producer.- "Fund producer" means a licensed insurance producer, including a licensed independent insurance producer, that has been assigned an authorization code by the Maryland Automobile Insurance Fund. (p) Health insurance.- (1) "Health insurance" means insurance of human beings against: (i) bodily injury, disablement, or death by accident or accidental means, or the expenses of bodily injury, disablement, or death by accident or accidental means; (ii) disablement or expenses resulting from sickness or childbirth; and (iii) expenses incurred in prevention of sickness or dental care. (2) "Health insurance" includes: (i) accident insurance; (ii) disability insurance; and (iii) each insurance appertaining to health insurance. (3) "Health insurance" does not include workers' compensation insurance. Special Revisor's Note. As enacted by Ch. 36, Acts of 1995, this subsection was new language derived without substantive change from former Art. 48A, 66. However, Ch. 35, Acts of 1997, made stylistic changes in paragraph (1)(i) of this subsection and added references to "accident insurance" and "disability insurance" to paragraph (2) of this subsection to clarify that accident insurance and disability insurance are considered types of health insurance. The Insurance Article Review Committee notes, for consideration by the General Assembly, that there is no precise meaning for "insurance appertaining to health insurance". Since insurance that belongs as a proper function or part of health insurance seems to be contemplated by paragraph (1) of this subsection, paragraph (2)(iii) of this subsection is unnecessary and confusing. Defined Terms. "Insurance" 1-101 (q) Independent insurance producer.- "Independent insurance producer" means an insurance producer: (1) that is not owned or controlled by an insurer or group of insurers; (2) the appointment of which does not prohibit the representation of more than one insurer or group of insurers; and (3) the appointment of which provides that: (i) at termination, the records of the insurance producer remain the property of the insurance producer; and (ii) the insurance producer retains the use and control of all expirations incurred during the period when the appointment was in effect. Special Revisor's Note. As enacted by Ch. 36, Acts of 1995, this subsection was new language derived without substantive change from former Art. 48A, 166(b). Chapter 35, Acts of 1997, repealed and reenacted this subsection without change. Defined Terms. "Agent" 1-101 "Appointment" 1-101 "Insurer" 1-101 (r) Industrial life insurance.- "Industrial life insurance" means life insurance provided by an individual policy with the term "industrial" printed on the policy as part of the brief description required by 16-213 of this article, and under which premiums are payable monthly or more frequently, if the face amount of the insurance provided by the policy does not exceed $1,000. Special Revisor's Note. As enacted by Ch. 36, Acts of 1995, this subsection was new language derived without substantive change from former Art. 48A, 387. However, Ch. 35, Acts of 1997, corrected the cross-reference in this subsection. The reference to the term "industrial" printed on the policy was substituted by Ch. 36 for the former reference to "industrial policy" to conform to 16-213 of this article, which requires the brief description for industrial life insurance policies to include the term "industrial" rather than "industrial policy". The former reference to premiums being payable "weekly" was deleted by Ch. 36 as included in the reference to premiums being payable "monthly or more frequently". Defined Terms. "Insurance" 1-101 "Life insurance" 1-101 "Policy" 1-101 "Premium" 1-101 (s) Insurance.- Except as expressly provided otherwise in this article, "insurance" means a contract to indemnify or to pay or provide a specified or determinable amount or benefit on the occurrence of a determinable contingency. Special Revisor's Note. As enacted by Ch. 36, Acts of 1995, this subsection was new language derived without substantive change from former Art. 48A, 2. However, Ch. 35, Acts of 1997, made a stylistic change in this subsection. Chapter 57, Acts of 1997, added the introductory phrase of this subsection. (t) Insurance business.- (1) "Insurance business" includes the transaction of: (i) all matters pertaining to an insurance contract, either before or after it takes effect; and (ii) all matters arising from an insurance contract or a claim under it. (2) "Insurance business" does not include pooling by public entities for self-insurance of casualty, property, or health risks. Special Revisor's Note. As enacted by Ch. 36, Acts of 1995, this subsection was new language derived without substantive change from former Art. 48A, 8. However, Ch. 35, Acts of 1997, made a stylistic change in paragraph (1) of this subsection. Defined Terms. "Insurance" 1-101 (u) Insurance producer.- (1) "Insurance producer" means a person that, for compensation, sells, solicits, or negotiates insurance contracts, including contracts for nonprofit health service plans, dental plan organizations, and health maintenance organizations, or the renewal or continuance of these insurance contracts for: (i) persons issuing the insurance contracts; or (ii) insureds or prospective insureds other than the insurance producer. (2) "Insurance producer" does not include: (i) an individual who performs clerical or similar office duties while employed by an insurance producer or insurer, including a clerical employee, other than a clerical employee of an insurer, who takes insurance information or receives premiums in the insurance producer's office, if the employee's compensation does not vary with the number of applications or amount of premiums; (ii) a regular salaried officer or employee of an insurer who gives help to or for a licensed insurance producer, if the officer or employee is not paid a commission or other compensation that depends directly on the amount of business obtained; or (iii) if not paid a commission, a person that obtains and forwards information for: 1. group insurance coverage; 2. enrolling individuals under group insurance coverage; 3. issuing certificates under group insurance coverage; or 4. otherwise assisting in administering group plans. Special Revisor's Note. As enacted by Ch. 36, Acts of 1995, this subsection was new language derived without substantive change from former Art. 48A, 166(a). However, Ch. 35, Acts of 1997, substituted the defined term "person[s]" for the former term "insurer[s]" in paragraph (1) of this subsection and made a stylistic change in paragraph (2)(ii) of this subsection. In paragraph (1) of this subsection, the phrase "in any manner", which formerly modified "solicits, procures, or negotiates", was deleted by Ch. 36 as surplusage since absent a limitation there is no need to describe the manner of soliciting, procuring, or negotiating. In paragraph (2)(i) of this subsection, Ch. 36 deleted the former word "used" as included in the word "employed". The Insurance Article Review Committee notes, for consideration by the General Assembly, the addition of the reference to "mak[ing]" insurance contracts in paragraph (1) of this subsection. It is the understanding of the Committee that the definition of "agent" is intended to include any action that an agent may take under an appointment with an insurer. Since an insurer may authorize an agent to make an insurance contract by binding the insurer, a reference to "mak[ing]" insurance contracts is included in the definition of "agent". This addition is consistent with the reference to "mak[ing]" a policy in the definition of "appointment" in former Art. 48A, 166(e), now revised as subsection (g) of this section. The addition is not intended to make a substantive change. Defined Terms. "Insurance" 1-101 "Insurer" 1-101 "Person" 1-101 "Premium" 1-101 "Qualified agent" 1-101 (v) Insurer.- "Insurer" includes each person engaged as indemnitor, surety, or contractor in the business of entering into insurance contracts. Special Revisor's Note. As enacted by Ch. 36, Acts of 1995, this subsection was new language derived without substantive change from former Art. 48A, 3. Chapter 35, Acts of 1997, repealed and reenacted this subsection without change. Defined Terms. "Insurance" 1-101 "Person" 1-101 (w) Licensed insurance producer.- "Licensed insurance producer" means an insurance producer that has: (1) obtained a license under Title 10, Subtitle 1 of this article; and (2) in the case of an insurance producer that acts on behalf of an insurer other than the Maryland Automobile Insurance Fund, obtained an appointment under Title 10, Subtitle 1 of this article. (x) Life insurance.- (1) "Life insurance" means insurance for which the probabilities of the


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