An "agent" is an individual, firm or corporation appointed by an insurer to solicit applications for insurance or annuity contracts or to negotiate insurance or annuity contracts on its behalf, and if authorized to do so by the insurer, to effectuate and countersign insurance contracts.
Exceptions to the definition of an agent are as follows:
- Salaried employees in the office of a general lines agent, which employees devote full time to clerical and administrative services, with incidental taking of insurance applications and receiving premiums in the office of the employer agent if the employee does not receive any commissions on such applications and his compensation is not varied by the volume of applications or premiums taken or received by such employee;
- The supervising managing general agent (except as defined in KRS 304.9085) or supervising officer or employee of an insurer who solicits only with duly licensed resident agents of the insurer;
- Newsboys and managers of newspaper distribution offices who incidentally take applications of socalled "newspaper accident insurance" and receive premiums in connection therewith;
- Employees or other representatives of a group policyholder engaged in enrolling certificate holders and performing other activities in the administration of the group policy.
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