Licensing Of Limited Lines Travel Insurance Producers

A. License required. (1) All applicants for travel insurance producer licenses shall comply with the provisions of 13.4.2.9 NMAC for individual producers or 13.4.2.10 NMAC for business entities. (2) Upon licensure, the travel insurance producer shall create a register with information 13.4.2 NMAC 11 about each travel retailer that offers travel insurance on the producer’s behalf as set forth in Paragraph (2) of Subsection B of Section 59A-12-18.1 NMSA 1978. The register shall be updated at least annually and made available to the superintendent upon request. (3) The travel insurance producer shall select a licensed individual insurance producer employee as its designated responsible producer who shall be responsible for the travel insurance producer’s compliance with the travel insurance laws and rules of this state. (4) The designated responsible producer, president, secretary, treasurer and any other officers or persons who direct or control the travel insurance producer’s operations shall comply with the fingerprinting and criminal background check requirements of Paragraphs (3) and (4) of Subsection B of Section 59A-12-12 NMSA 1978. (5) The travel insurance producer shall pay all applicable fees set forth in Section 59A-6-1 NMSA 1978. (6) The travel insurance producer shall require training of employees and representatives of the retailer as set forth in Paragraph (6) of Subsection B of Section 59A-12-18.1 NMSA 1978. B. Travel insurance producer and travel retailer responsibilities. (1) A travel insurance producer shall be responsible for acts of the travel retailer and shall reasonably ensure that the travel retailer complies with the requirements set forth in Section 59A-12-18.1 NMSA 1978. (2) A travel retailer may offer travel insurance under the license of a travel insurance producer only if: (a) the travel insurance producer or travel retailer provides to prospective purchasers of travel insurance the items required by Subsection C of Section 59A-12-18.1 NMSA 1978; and (b) no travel retailer employee or authorized representative who is not licensed as an insurance producer shall provide certain services as set forth in Subsection D of Section 59A-12-18.1 NMSA 1978. (3) A travel retailer’s employees and authorized representatives whose insurance-related activities are limited to the offering and disseminating of travel insurance on behalf and under the direction of a licensed travel insurance producer may receive compensation for those activities. (4) Travel insurance may be placed as an individual, group or master policy. C. Travel insurance vending machines. (1) A licensed insurance producer may solicit for and issue personal travel accident insurance policies of an authorized insurer by means of mechanical vending machines supervised by the insurance producer and placed at airports and other places of convenience to the traveling public if the superintendent finds that: (a) the travel insurance policy provides reasonable coverage and benefits and is suitable for sale and issuance by vending machine and that use of such a machine in a proposed location would be of material convenience to the public; (b) the type of machine proposed to be used is reasonably suitable for the purpose; (c) reasonable means are provided for informing prospective purchasers of policy coverages and restrictions; (d) reasonable means are provided for the refund of money inserted in defective machines and which insurance so paid for is not received; and (e) the cost of maintaining such a machine at a particular location is reasonable. (2) For each travel insurance vending machine the superintendent shall issue a special vending machine license. (a) The license shall state the name and address of the insurer and insurance producer, the name of the policy to be sold and the serial number, type and operating location of the machine. (b) The license shall be subject to biennial continuation and to expiration, suspension or revocation coincidental with the license of the insurance producer. (c) The superintendent shall revoke the license for any vending machine if the superintendent finds that license qualifications no longer exist. (d) Proof of existence of a vending machine license shall be displayed on or about each machine in use in the manner that the superintendent reasonably requires. [13.4.2.14 NMAC – N, 4/2/2018] 13.4.2.15 LICENSING OF LIMITED LINES RENTAL CAR INSURANCE PRODUCERS AND ENDORSEES: A. License required. 13.4.2 NMAC 12 (1) No rental car company nor its officers, director, employees or agents shall offer, sell, bind, effect, solicit or negotiate the purchase of rental car insurance unless that company is licensed as an insurance producer pursuant to Section 59A-32A-1 et seq. NMSA 1978. (2) A rental car company may only act on behalf of an insurer that is authorized to write such insurance in this state. (3) Rental car insurance may not be offered, except in connection with and incidental to a rental agreement. (4) Neither a rental car insurance producer nor an endorsee shall represent itself as qualified or licensed as an insurance producer beyond the scope of the limitations set forth in Subsection B of Section 59A- 32A-7 NMSA 1978. (5) A rental car company may not compensate any person, including any of its employees, based solely on placement of rental car insurance. B. Rental car insurance producer license requirements. (1) All applicants for rental car insurance producer licenses shall comply with the provisions of 13.4.2.10 NMAC for business entities. (2) The application shall include a list of all the locations within the state where the rental car insurance producer intends to offer, sell, bind, effect, solicit or negotiate rental car insurance. (3) The rental car insurance producer license application shall include: (a) a certificate filed by an insurer indicating that the insurer has reviewed the applicant’s training program and believes that it satisfies the requirements of Subsection D of 59A-32A-5 NMSA 1978; and (b) the insurer intends to appoint the applicant to act as its rental car insurance producer if a license is granted to the applicant by the superintendent. (4) A rental car insurance producer shall be responsible for establishing a training program for its employees that satisfies the requirements of Subsection D of Section 59A-32A-5 NMSA 1978. The program shall be submitted to and approved by the superintendent prior to its use. (5) At the time of application, a rental car insurance producer license applicant shall establish, in a format prescribed by the superintendent, a list of its endorsees that also identifies a manager or supervisor for each of the applicant’s locations. The list shall be updated quarterly and retained for three years by the applicant. The list shall be provided to the superintendent for inspection upon request. (6) A rental car insurance producer shall ensure that the actions of its endorsees are properly supervised at all of its locations and shall be held responsible for the actions of its endorsees. C. Rental car insurance endorsee requirements. (1) An endorsee shall be at least 18 years of age and an employee of a rental car insurance producer. (2) An endorsee shall complete the rental car insurance producer’s approved training program prior to transacting any rental car insurance. (3) An endorsee shall act on behalf of the rental car insurance producer under the direct supervision of the manager or supervisor at the location where employed. (4) An endorsee’s authorization expires upon termination of employment with the rental car insurance producer. (5) The rental car insurance endorsee may offer, sell, bind, effect, solicit or negotiate rental car insurance on behalf of the rental car insurance producer subject to the above provisions and additional provisions set forth in Section 59A-32A-1 et seq. NMSA 1978.