WSR 08-17-063

PERMANENT RULES

OFFICE OF

INSURANCE COMMISSIONER

[ Insurance Commissioner Matter No. R 2008-03 -- Filed August 18, 2008, 1:51 p.m. , effective September 18, 2008 ]


     Effective Date of Rule: Thirty-one days after filing.

     Purpose: These new rules amend chapter 284-17 WAC to enable electronic filing for applications and renewals of agent licenses, establish reciprocity for nonresident "personal lines" licensees, based on their states of residence, clarify and facilitate online licensing of insurance agents and brokers (producers), and clarify this state's "affiliation" rules.

     Citation of Existing Rules Affected by this Order: Repealing WAC 284-17-451, 284-17-453, 284-17-459, 284-17-461 and 284-17-475; amending WAC 284-17-120, 284-17-421, 284-17-437, 284-17-439, 284-17-441, 284-17-443, 284-17-445, 284-17-447, 284-17-449, 284-17-455, 284-17-457, 284-17-467, 284-17-473, 284-17-477, 284-17-479, 284-17-481, 284-17-482 and 284-17-483; and new section WAC 284-17-422.

     Statutory Authority for Adoption: RCW 48.02.060.

      Adopted under notice filed as WSR 08-14-168 on July 2, 2008.

     Changes Other than Editing from Proposed to Adopted Version: WAC 284-17-120(2) Under the TYPE OF INSURANCE [LICENSE] heading added "Credit casualty agent or solicitor"; and under EXAMINATION REQURIED [REQUIRED] heading added "Credit casualty."

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 19, Repealed 5.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 19, Repealed 5.

     Date Adopted: August 18, 2008.

Mike Kreidler

Insurance Commissioner

OTS-1677.6


AMENDATORY SECTION(Amending Order R 94-14, filed 6/28/94, effective 7/29/94)

WAC 284-17-120   Examination procedures for agents, solicitors and adjusters.   (1) ((The commissioner has contracted with an independent testing service for the administration of agents', solicitors', and adjusters' examinations. On and after June 1, 1982,)) Any person ((desiring)) applying to take an examination for ((the)) any type of license shown in subsection (2) of this section ((will be required to)) must submit a registration form and the ((appropriate)) applicable examination fee to ((the)) an independent testing service under contract with the commissioner for the administration of licensee examinations. ((Such)) This fee is not refundable. Registration forms and information about examinations may be obtained from the office of insurance commissioner, any prelicensing education provider, or from the independent testing service. Current information about the independent testing service, fees, dates of examinations, and other information related to licensing examinations, or to download an examination registration form, are available through the commissioner's web site (www.insurance.wa.gov).

     (2) At least ((twice)) once each month at predetermined locations, the independent testing service will conduct the examinations required for the following types of licenses:


TYPE OF LICENSE EXAMINATION(S)

REQUIRED
Life insurance agent or solicitor . . . . . . . . . . . . Life
Disability insurance agent or solicitor . . . . . . . . . . . . Disability
Life and disability agent or solicitor . . . . . . . . . . . . Life, disability
Property/casualty agent or solicitor . . . . . . . . . . . . Property, casualty
Property/casualty

     and disability agent or solicitor . . . . . . . . . . . .

Property, casualty, disability
Life/disability/

     property/casualty agent or solicitor . . . . . . . . . . . .

Life, disability, property, casualty
Vehicle only agent or solicitor . . . . . . . . . . . . Vehicle
Surety only agent or solicitor . . . . . . . . . . . . Surety
Credit life and disability agent

     or solicitor . . . . . . . . . . . .

Credit life and disability
Credit casualty agent or solicitor . . . . . . . . . . . . Credit casualty
Independent adjuster . . . . . . . . . . . . Adjuster
Public adjuster . . . . . . . . . . . . Adjuster
Life and disability broker . . . . . . . . . . . . Life and disability
Property/casualty broker . . . . . . . . . . . . Property and casualty (Disability questions are included)

     (3) If an applicant fails to take a scheduled examination, a new registration form and ((appropriate)) applicable fees must be submitted for any later examination, unless the fee is waived because the commissioner finds that a serious emergency prevented the applicant's attendance.

     (4) Tests will be graded by the independent testing service ((which will provide)) and each applicant ((with)) will be provided a score report, following examination. If the examination is passed, the score report must be forwarded by the applicant to the insurance commissioner with a completed insurance license application, ((two)) one finger print card((s)), appointment form(s) for each insurer to be represented, and the ((appropriate)) applicable license, ((appointment)) finger print, and filing fees.

[Statutory Authority: RCW 48.01.030, 48.02.060(3), 48.14.010, 48.17.150(2), 48.17.160 (1)(5) and 48.17.500(3). 94-14-033 (Order R 94-14), § 284-17-120, filed 6/28/94, effective 7/29/94. Statutory Authority: RCW 48.02.060. 88-24-054 (Order R 88-13), § 284-17-120, filed 12/7/88; 84-19-022 (Order R 84-3), § 284-17-120, filed 9/12/84; 82-10-016 (Order R 82-2), § 284-17-120, filed 4/28/82.]


AMENDATORY SECTION(Amending Matter No. R 2005-06, filed 5/30/06, effective 6/30/06)

WAC 284-17-421   ((What)) Definitions ((apply to WAC 284-17-421 through 284-17-483?)).   The following definitions apply to WAC 284-17-421 through 284-17-499, unless the context clearly requires otherwise.

     (1) "Business entity" means a corporation, partnership, firm, limited liability company, or limited liability partnership.

     (2) "Sending written notice" or "sending a copy of the written notice" means transmitting the required information in writing and, where ((appropriate)) required, on forms designated by the commissioner for that purpose, via first class mail, commercial parcel delivery company, ((electronic)) telefacsimile ((transmission)), or ((e-mail)) electronic transmission.

     (3) "NIPR" means the National Insurance Producer Registry or other equivalent organization or entity designated or maintained by the National Association of Insurance Commissioners, its affiliates, or subsidiaries.

[Statutory Authority: RCW 48.02.060 (3)(a) and 48.17.150 (1)(g)(ii). 06-12-025 (Matter No. R 2005-06), § 284-17-421, filed 5/30/06, effective 6/30/06.]


NEW SECTION
WAC 284-17-422   Reciprocity for nonresident agents holding personal lines only authority in the home state.   If an otherwise qualified applicant for a nonresident agent's license holds a license in his or her home state limited to personal lines only authority, this state will reciprocate by licensing the nonresident for property and casualty lines of authority.

     (1) The licensee's authority to transact insurance in this state is limited to the scope of the license granted by the licensee's home state.

     (2) For purposes of this section, "personal lines only authority" means property and casualty insurance coverage sold to individuals and families for primarily noncommercial purposes.

[]


AMENDATORY SECTION(Amending Matter No. R 2005-06, filed 5/30/06, effective 6/30/06)

WAC 284-17-437   ((How may an agent be appointed?)) Appointments of agents.   An agent may be appointed by using one of the following methods:

     (1) By submitting the appointment electronically through NIPR (((preferred method))) or the commissioner's web site; or

     (2) By submitting the appointment to the commissioner using the form provided by the commissioner for that purpose. The form may be ((obtained upon request or may be)) found ((at)) on the commissioner's web site (www.insurance.wa.gov).

[Statutory Authority: RCW 48.02.060 (3)(a) and 48.17.150 (1)(g)(ii). 06-12-025 (Matter No. R 2005-06), § 284-17-437, filed 5/30/06, effective 6/30/06.]


AMENDATORY SECTION(Amending Matter No. R 2005-06, filed 5/30/06, effective 6/30/06)

WAC 284-17-439   ((How will the commissioner notify an insurer if)) Notice that an agent is not eligible for an electronic appointment((?)).   If an agent is not eligible for an electronic appointment, the insurer will be notified ((when)) at the time the electronic notice of appointment is not accepted for transmission through NIPR or the commissioner's web site. An agent is not eligible for an appointment ((where)) if the agent's license is not valid or the agent is not licensed for all lines of insurance that the appointing insurer is authorized to transact in the state of Washington.

[Statutory Authority: RCW 48.02.060 (3)(a) and 48.17.150 (1)(g)(ii). 06-12-025 (Matter No. R 2005-06), § 284-17-439, filed 5/30/06, effective 6/30/06.]


AMENDATORY SECTION(Amending Matter No. R 2005-06, filed 5/30/06, effective 6/30/06)

WAC 284-17-441   ((How will the commissioner notify)) Notice to an insurer if an agent is ((ineligible)) not eligible for an appointment ((when)) if the appointment ((has)) was not ((been)) submitted electronically((?)).   If an appointment was not submitted electronically, the commissioner will ((notify an)) send a notice to the insurer notifying the insurer that ((an)) the agent is ((ineligible)) not eligible for ((an)) appointment ((when the appointment has not been submitted electronically by sending written notice to the insurer)).

[Statutory Authority: RCW 48.02.060 (3)(a) and 48.17.150 (1)(g)(ii). 06-12-025 (Matter No. R 2005-06), § 284-17-441, filed 5/30/06, effective 6/30/06.]


AMENDATORY SECTION(Amending Matter No. R 2005-06, filed 5/30/06, effective 6/30/06)

WAC 284-17-443   ((How may an insurer renew)) Renewal of an agent's appointment((?)).   Prior to the renewal date of an agent's appointment, the commissioner will send the insurer an appointment renewal ((appointment list will be sent to the insurer identifying all of the insurer's agents whose appointments are due to expire)) notification. An insurer may renew an appointment by:

     (1) Sending ((written)) notice to the commissioner that the appointment will be renewed on the form provided by the commissioner for that purpose or through the commissioner's web site (www.insurance.wa.gov); and

     (2) Paying the renewal fee for each agent appointed by the insurer ((on)) no later than the renewal date assigned by the commissioner.

[Statutory Authority: RCW 48.02.060 (3)(a) and 48.17.150 (1)(g)(ii). 06-12-025 (Matter No. R 2005-06), § 284-17-443, filed 5/30/06, effective 6/30/06.]


AMENDATORY SECTION(Amending Matter No. R 2005-06, filed 5/30/06, effective 6/30/06)

WAC 284-17-445   ((How may an insurer terminate)) Termination of an appointment((?)) by an insurer.   (1) An insurer may terminate an appointment by sending written notice of termination to the agent and by sending a notice of termination of the appointment to the commissioner((:

     (1))) electronically through NIPR (((preferred method);)), the commissioner's web site, or

     (((2) Using)) on the form provided by the commissioner for that purpose. The form may be obtained upon request or may be found ((at)) on the commissioner's web site (www.insurance.wa.gov).

     (2) The effective date of the termination is the date of receipt by the commissioner.

[Statutory Authority: RCW 48.02.060 (3)(a) and 48.17.150 (1)(g)(ii). 06-12-025 (Matter No. R 2005-06), § 284-17-445, filed 5/30/06, effective 6/30/06.]


AMENDATORY SECTION(Amending Matter No. R 2005-06, filed 5/30/06, effective 6/30/06)

WAC 284-17-447   ((How may an agent terminate)) Termination of an appointment((?)) by an agent.   (1) An agent may terminate an appointment by sending advance written notice to the insurer, with a copy to the commissioner, stating((:

     (1))) that the agent ((will)) is no longer authorized to act as a representative of the insurer((; and)).

     (2) The effective date of the termination is the date of receipt by the commissioner.

     ((The agent must also send a copy of the written notice to the commissioner.))

[Statutory Authority: RCW 48.02.060 (3)(a) and 48.17.150 (1)(g)(ii). 06-12-025 (Matter No. R 2005-06), § 284-17-447, filed 5/30/06, effective 6/30/06.]


AMENDATORY SECTION(Amending Matter No. R 2005-06, filed 5/30/06, effective 6/30/06)

WAC 284-17-449   ((When an agent's appointment is terminated "for cause," what procedure must be followed in notifying the commissioner?)) Terminating an appointment "for cause."   (1) If an insurer ((or its authorized representative)) terminates the appointment of an agent "for cause," the insurer must notify the insurance commissioner within thirty days following the effective date of the termination by sending ((written)) notice of the "for cause" termination ((of the appointment "for cause")) to the commissioner. A form for this purpose is available on the commissioner's web site (www.insurance.wa.gov).

     (2) If requested by the commissioner, the insurer must provide additional information, documents, records or other data pertaining to the "for cause" termination or activity of the agent.

     (3) "For cause" includes the following conduct:

     (a) Providing incorrect, misleading, incomplete or materially untrue information in the license application;

     (b) Violating any insurance law, or violating any regulation, subpoena or order of the commissioner or of another state's insurance commissioner;

     (c) Obtaining or attempting to obtain a license through misrepresentation or fraud;

     (d) Improperly withholding, misappropriating or converting any moneys or properties received in the course of transacting the business of insurance;

     (e) Intentionally misrepresenting the terms of an actual or proposed insurance contract or application for insurance;

     (f) Having been convicted of a felony;

     (g) Having admitted or been found to have committed any insurance unfair trade practice or fraud;

     (h) Using fraudulent, coercive, or dishonest practices, or demonstrating incompetence, untrustworthiness or financial irresponsibility in the conduct of business in this state or elsewhere;

     (i) Having an insurance license denied, suspended or revoked in any other state, province, district or territory;

     (j) Forging another's name to an application for insurance or to any document related to an insurance transaction;

     (k) Knowingly accepting insurance business from an individual who is not licensed;

     (l) Being incompetent;

     (m) Failing to account for premiums;

     (n) Rebating; and

     (o) Abandonment.

[Statutory Authority: RCW 48.02.060 (3)(a) and 48.17.150 (1)(g)(ii). 06-12-025 (Matter No. R 2005-06), § 284-17-449, filed 5/30/06, effective 6/30/06.]


AMENDATORY SECTION(Amending Matter No. R 2005-06, filed 5/30/06, effective 6/30/06)

WAC 284-17-455   ((Is an)) Agent ((required to be licensed for the same)) must be licensed for all lines of authority ((as)) of the appointing insurer((?)).   An ((applicant for an agent's license)) agent must be licensed for all lines of ((insurance)) authority that the appointing insurer is authorized to transact in the state of Washington with the following exceptions:

     (1) Insurers authorized to write lines of ((insurance)) authority in addition to vehicle insurance or surety insurance may appoint agents to write vehicle insurance or surety insurance only. It is only necessary that these appointees take a qualifying examination for vehicle insurance or surety insurance.

     (2) ((Where)) If the agent's appointment is for the "limited" licenses of travel, credit life and disability, credit casualty, specialty producers, or rental car agents, it is not necessary for the applicant to be licensed for all lines of ((insurance)) authority that the appointing insurer is authorized to transact in the state of Washington.

[Statutory Authority: RCW 48.02.060 (3)(a) and 48.17.150 (1)(g)(ii). 06-12-025 (Matter No. R 2005-06), § 284-17-455, filed 5/30/06, effective 6/30/06.]


AMENDATORY SECTION(Amending Matter No. R 2005-06, filed 5/30/06, effective 6/30/06)

WAC 284-17-457   ((May a licensed)) Authority of an agent to act as a representative of an insurer and solicit insurance on its behalf before notifying the commissioner of the appointment((?)).   (1) A licensed agent may act as a representative of an insurer and solicit insurance on its behalf before notifying the commissioner of the appointment ((where)) only if:

     (((1))) (a) The agent is appointed by the insurer; and

     (((2))) (b) The notice of appointment is submitted electronically through NIPR or the commissioner's web site (www.insurance.wa.gov).

     (2) This authority is limited to a thirty-day calendar period beginning the date the agent signs the first application for insurance.

     (3) If the notice of appointment is not submitted electronically, the commissioner must receive written notice of the appointment and accept the appointment before the licensed agent may act as a representative of an insurer and solicit insurance on its behalf.

[Statutory Authority: RCW 48.02.060 (3)(a) and 48.17.150 (1)(g)(ii). 06-12-025 (Matter No. R 2005-06), § 284-17-457, filed 5/30/06, effective 6/30/06.]


AMENDATORY SECTION(Amending Matter No. R 2005-06, filed 5/30/06, effective 6/30/06)

WAC 284-17-467   ((What are the)) Consequences ((when an)) -- Agent ((has solicited insurance on behalf of an insurer as authorized by WAC 284-17-457 but is later determined)) not ((to be)) eligible for appointment by the insurer((?)).   ((When)) If an agent ((has solicited)) solicits insurance on behalf of an insurer, as authorized by WAC 284-17-457, but it is later determined ((not to be)) that the agent was not eligible for appointment by the insurer:

     (1) The insurance contract will be effective;

     (2) The agent ((is not entitled to)) must not receive compensation for any ((insurance or)) insurance product sold by the agent; and

     (3) The agent and the insurer may be subject to disciplinary action under RCW 48.17.530.

[Statutory Authority: RCW 48.02.060 (3)(a) and 48.17.150 (1)(g)(ii). 06-12-025 (Matter No. R 2005-06), § 284-17-467, filed 5/30/06, effective 6/30/06.]


AMENDATORY SECTION(Amending Matter No. R 2005-06, filed 5/30/06, effective 6/30/06)

WAC 284-17-473   ((Is a business entity licensed as an agent, adjuster or broker required to affiliate an individual licensee?)) "Affiliation," defined -- Procedures for affiliation, renewal.   "Affiliation" is a type of appointment where a business entity authorizes one or more individual licensed agents, brokers, surplus line brokers or adjusters to represent the business entity. An affiliated licensee may exercise only the authority the business entity confers. The commissioner must receive notice of an affiliation and accept the affiliation before the licensee is allowed to represent the business entity.

     (1) Each business entity ((licensed as an agent, adjuster or broker)) must ((notify)) submit to the commissioner ((of)) a notice of affiliation for all ((individual)) licensees ((that)) authorized to represent the business entity and act on its behalf ((using the)). A form is provided by the commissioner for that purpose((. The form may)) which can be obtained upon request or ((may be)) found ((at)) on the commissioner's web site (www.insurance.wa.gov). ((Individual licensees that represent the business entity and act on its behalf are "affiliated" with the licensed business entity. A business entity licensee must have at least one individual licensee who is affiliated.))

     (2) A licensed business entity must have at least one affiliated individual licensee.

     (3) If an agent is affiliated with a licensed business entity, the agent is not required to be directly appointed by an insurer to sell its products if the business entity is appointed by the insurer.

     (4) The affiliated agent's, broker's, or surplus line broker's authority to act as a representative of a business entity is limited to those lines of authority for which the agent, broker, or surplus line broker is qualified and that are consistent with the business entity's lines of authority.

     (5) If an agent, broker, surplus line broker, or adjuster cannot be affiliated electronically, the commissioner will notify the business entity that the licensee is not eligible for affiliation. A licensee cannot be affiliated under the following circumstances:

     (a) The person's license is not valid;

     (b) The agent, broker, or surplus line broker is not licensed for at least one of the lines or limited lines of authority that the business entity is authorized to transact in this state; or

     (c) The agent is not licensed for at least one of the lines or limited lines of authority of the business entity's appointing insurers.

     (6)(a) At the time of renewal of a business entity license, a renewal affiliation list will be sent to the business entity listing the affiliated agents, brokers, surplus line brokers, or adjusters whose affiliations are due to expire.

     (b) A business entity may renew an affiliation by sending a list of affiliations to be renewed to the commissioner and paying the renewal fees by mail or through the commissioner's web site (www.insurance.wa.gov).

[Statutory Authority: RCW 48.02.060 (3)(a) and 48.17.150 (1)(g)(ii). 06-12-025 (Matter No. R 2005-06), § 284-17-473, filed 5/30/06, effective 6/30/06.]


AMENDATORY SECTION(Amending Matter No. R 2005-06, filed 5/30/06, effective 6/30/06)

WAC 284-17-477   ((How long is)) Valid period of an affiliation ((valid?)).   ((An)) A business entity affiliation ((by a business entity)) which is not revoked ((will be)) by the commissioner or is not terminated by the business entity or licensee, is valid until the first renewal date after the notice of affiliation. ((Thereafter,)) Each affiliation may be renewed for a period of two years upon payment of the annual affiliation renewal fee for each affiliation ((at the time of renewal of the business entity license)).

[Statutory Authority: RCW 48.02.060 (3)(a) and 48.17.150 (1)(g)(ii). 06-12-025 (Matter No. R 2005-06), § 284-17-477, filed 5/30/06, effective 6/30/06.]


AMENDATORY SECTION(Amending Matter No. R 2005-06, filed 5/30/06, effective 6/30/06)

WAC 284-17-479   ((How may a business entity terminate)) Termination of an affiliation((?)) by a business entity.   (1) A business entity may terminate ((an)) the affiliation of an individual licensee by sending ((written)) notice of termination to the agent and a copy to the commissioner electronically through the commissioner's web site, or by submitting the form provided by the commissioner for that purpose. A form to notify the commissioner of termination of an affiliation by a business entity is available on the commissioner's web site (www.insurance.wa.gov).

     (2) The effective date of the termination is the date of receipt by the commissioner.

[Statutory Authority: RCW 48.02.060 (3)(a) and 48.17.150 (1)(g)(ii). 06-12-025 (Matter No. R 2005-06), § 284-17-479, filed 5/30/06, effective 6/30/06.]


AMENDATORY SECTION(Amending Matter No. R 2005-06, filed 5/30/06, effective 6/30/06)

WAC 284-17-481   ((How should an insurer notify the commissioner of a)) Requirements for termination of an affiliation by a business entity "for cause."((?))   If a business entity or its authorized representative terminates the affiliation of a ((producer)) licensee "for cause," the business entity must notify the commissioner within thirty days following the effective date of the termination by sending ((written)) notice of termination of the affiliation to the commissioner on the form provided by the commissioner for that purpose, which is available on the commissioner's web site (www.insurance.wa.gov). For purposes of this section, "for cause" has the meaning set forth in WAC 284-17-449(3).

[Statutory Authority: RCW 48.02.060 (3)(a) and 48.17.150 (1)(g)(ii). 06-12-025 (Matter No. R 2005-06), § 284-17-481, filed 5/30/06, effective 6/30/06.]


AMENDATORY SECTION(Amending Matter No. R 2005-06, filed 5/30/06, effective 6/30/06)

WAC 284-17-482   ((What)) Information ((must)) to be provided relating to a "for cause" termination((?)) to the commissioner.   Upon the ((written)) request of the commissioner, the business entity ((shall)) must provide additional information, documents, records or other data pertaining to the "for cause" termination or conduct of the affiliated person. If available in electronic format, the information requested should be provided electronically through the commissioner's web site (www.insurance.wa.gov).

[Statutory Authority: RCW 48.02.060 (3)(a) and 48.17.150 (1)(g)(ii). 06-12-025 (Matter No. R 2005-06), § 284-17-482, filed 5/30/06, effective 6/30/06.]


AMENDATORY SECTION(Amending Matter No. R 2005-06, filed 5/30/06, effective 6/30/06)

WAC 284-17-483   ((How may an individual agent terminate)) Termination of an affiliation((?)) by a licensee.   (1) An individual agent may terminate ((the agent's)) an affiliation with a business entity by sending advance written notice to the business entity ((stating:

     (1))), with a copy to the commissioner. The notice must state that the agent ((will)) is no longer authorized to act on behalf of the business entity((; and)).

     (2) ((The effective date of the termination. The agent must also send a copy of the written notice to the commissioner.)) The effective date of the termination is the date of receipt by the commissioner.

[Statutory Authority: RCW 48.02.060 (3)(a) and 48.17.150 (1)(g)(ii). 06-12-025 (Matter No. R 2005-06), § 284-17-483, filed 5/30/06, effective 6/30/06.]


REPEALER

     The following sections of the Washington Administrative Code are repealed:
WAC 284-17-451 What information must be provided relating to a "for cause" termination?
WAC 284-17-453 What conduct constitutes "for cause"?
WAC 284-17-459 How long may a licensed agent act as a representative of an insurer and solicit insurance on its behalf before notifying the commissioner of the appointment?
WAC 284-17-461 May a licensed agent act as a representative of an insurer and solicit insurance on its behalf before notifying the commissioner of the appointment if the notice of appointment is not submitted electronically?
WAC 284-17-475 Must an individual licensee who is affiliated with a business entity license be individually appointed by insurers if the business entity is appointed by the insurer?

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