Be it enacted by the Senate and House of Representatives
in General Court assembled, and by the authority of the same,
as follows:
SECTION 1.
Chapter 175 of the General Laws is hereby amended by
striking out section 162B, as appearing in the 1996 Official Edition, and
inserting in place thereof the following section:-
Section 162B. Insurance agents and brokers may accept payment of insurance
premiums in installments to be evidenced by notes or other appropriate
instruments running from the insured to the agent or broker; provided,
however, that payment of insurance premiums in installments to be
evidenced by notes or other appropriate instruments running from the insured to
the agent or broker on contracts of insurance, which contracts are
primarily for personal, family or household purposes, shall be made under
rates, charges
and regulations established after public hearing, as equitable and
nondiscriminatory, by a board consisting of the attorney general, the
insurance
commissioner and the commissioner of banks or their respective designees.
For purposes of financing insurance premiums and the subsequent sale or
other negotiation of any such note or instrument to a third party, insurance
agents and brokers shall be considered to be sellers of insurance.
SECTION 2.
Section 1 of chapter 255C of the General Laws, as so
appearing, is hereby amended by inserting after the word "order", in line 16,
the following words:- and any property and casualty insurance agent or broker,
who provides premium financing only to his own customers for purposes of
financing the payment of premiums on contracts of insurance, which contracts of
insurance are exclusively limited to commercial policies.
SECTION 3.
Said chapter 255C is hereby further amended by striking
out
section 2, as so appearing, and inserting in place thereof the following
section:-
Section 2. No person, except a credit union, a bank as defined in
section 1
of chapter 167, a national banking association, or
a federal savings and loan association, a federal savings bank, a sales
finance company as defined in section 1 of chapter 255B,
and a company licensed to carry on the business of making
small loans, shall engage in the business of a premium finance agency unless
licensed by the commissioner, as provided in section 3; provided, however,
that no
property and casualty insurance agent or broker, including an insurance agent
or insurance broker conducting an insurance premium financing agency business
under a subsidiary or different company name, who provides premium financing
only to his own customers for purposes of financing payment of premiums on
contracts of insurance, which contracts of insurance are exclusively limited to
commercial insurance policies, shall be required to be licensed pursuant to
this
section or any other section of this chapter. Such license shall allow the
holder to maintain only one office from which said business may be conducted,
but more than one license may be issued to any person. Any change of location
of an office of a licensee shall require the prior approval of the
commissioner. Such request for relocation shall be in writing setting forth
the reason or reasons for the request, and shall be accompanied by a relocation
investigation fee of $50. If an applicant has more than one office,
he may obtain a license for each office from which he intends to conduct said
business.
Approved November 26, 1997.