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 § 37.45. Contractual relationship of brokers and agents.

§ 37.45. Contractual relationship of brokers and agents.

 (a)  When a broker solicits insurance, no person or entity other than the soliciting broker may be represented. If an insurance entity authorizes the broker to solicit for it, the entity shall certify the broker’s appointment as an agent, as required in §  37.61 (relating to appointments and termination by entity) and that entity may no longer accept business from that person as a broker.

 (b)  When a broker is authorized by the client to secure insurance, the broker shall be considered the legal agent of the client.

 (c)  When an entity gives a policy, either new or renewal, to a broker for delivery to the insured, the broker shall be considered an agent of the entity for delivery of that one policy and, since collection of the premium is implied, payment to the broker shall be payment to the entity.

 (d)  A certificate shall permit the agent to secure appointments from other insurance entities. An agent shall have authority to represent only the entities for which the agent has been appointed. An agent may not place business with an entity or an agent of an entity for which the agent does not have an appointment unless the agent is also licensed as a broker.

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