Pennsylvania Code & Bulletin

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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 54 Pa.B. 1806 (March 30, 2024).

31 Pa. Code § 37.19. Special approval by the Commissioner.

§ 37.19. Special approval by the Commissioner.

 (a)  The Commissioner may approve individuals to perform certain duties of an agent or broker upon proper written notification to the Department. The written notification shall include an endorsement by each entity affected. The Commissioner may approve only the following individuals:

   (1)  The executor or administrator of the estate of a deceased person who, at the time of death, was an agent or broker.

   (2)  The surviving next of kin of a deceased agent or broker, if no administrator of the estate has been appointed and no executor has qualified under the probated will.

   (3)  The surviving member of a firm or association, at the time of the death of its certified or licensed member. If the firm or association has surviving active officers or active partners who hold the same lines of authority as the deceased, approval will not be granted.

   (4)  The legal guardian of a person declared incompetent by a court of competent jurisdiction, if the incompetent person, at the time the person was declared incompetent, was an agent or broker.

   (5)  The person holding the power of attorney to act for an agent or broker who is absent due to serving in the Armed Forces of the United States.

 (b)  Individuals approved by the Commissioner shall be authorized to renew the business of the deceased, legally incompetent, or absent agent or broker, or of the firm or association whose business is being continued thereunder, for policies expiring during the period in which the individual is approved, and to perform other acts as an insurance agent or as an insurance broker as are incidental to the continuance of the insurance business of the deceased, legally incompetent, or absent agent or broker, or the firm or association, for policies in force at the time of the agent’s or broker’s death, adjudication of incompetence or absence. An approved individual will not be authorized to solicit, negotiate or procure new insurance.

 (c)  Approval may be granted for a term not exceeding 1 year from the date of the death or declaration of incompetence of the agent or broker or for the period the agent or broker is absent due to serving in the Armed Forces.

 (d)  The approved individual may only transact business with the entity that has provided an endorsement and which the deceased, legally incompetent, or absent agent, or firm or association, was appointed to represent at the time of death, adjudication of incompetency or absence.

Cross References

   This section cited in 31 Pa. Code §  37.16 (relating to service in armed forces or employment with Department).

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