Md. Code Regs. 31.03.12.02

Current through Register Vol. 51, No. 24, December 2, 2024

Section 31.03.12.02 - Definitions

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

(1) Application Form.

(a) "Application form" means a standardized application form developed by the Insurance Administration for submission by individuals applying for a written consent to engage in the business of insurance in the State under this chapter.

(b) "Application form" includes the short application form and the comprehensive application form.

(2) Business of Insurance.

(a) "Business of insurance" means writing insurance or reinsuring risks.

(b) "Business of insurance" includes:

(i) All acts necessary or incidental to writing insurance or reinsuring risks;

(ii) The activities of an individual who acts as, or is, an officer, director, agent, or employee of an insurer; and

(iii) The activities of any other individual who is authorized to act on behalf of an officer, director, agent, or employee of an insurer.

(3) "Commissioner" means the Maryland Insurance Commissioner.

(4) "Felony involving breach of trust" includes any felony constituting or involving misuse, misapplication, or misappropriation of anything of value that:

(a) Is held as a fiduciary; or

(b) Belongs to any public, private, or charitable organization.

(5) "Felony involving dishonesty" includes any felony constituting or involving:

(a) Perjury;

(b) Bribery;

(c) Forgery;

(d) Counterfeiting;

(e) False or misleading oral or written statements;

(f) Deception;

(g) Fraud;

(h) Schemes or artifices to deceive or defraud;

(i) Material misrepresentation; and

(j) Failure to disclose material facts.

(6) "Fiduciary" includes an individual acting as:

(a) A trustee;

(b) An administrator;

(c) An executor;

(d) A conservator;

(e) A receiver;

(f) A guardian;

(g) An agent;

(h) An employee;

(i) A partner;

(j) An officer;

(k) A director; or

(l) A public servant.

(7) "Individual Exchange" has the meaning stated in Insurance Article, § 31-101(h), Annotated Code of Maryland.

(8) "Individual Exchange navigator" has the meaning stated in Insurance Article, § 31-101(i), Annotated Code of Maryland.

(9) "Interstate commerce" means commerce:

(a) Within the District of Columbia or any territory or possession of the United States;

(b) Between any point in a state, territory, possession, or the District of Columbia and any point outside the state, territory, possession, or the District of Columbia;

(c) Between points within the same state through any place outside the state; or

(d) Over which the United States has jurisdiction.

(10) "NAIC" means the National Association of Insurance Commissioners.

(11) "SHOP Exchange" has the meaning stated in Insurance Article, § 31-101(w), Annotated Code of Maryland.

(12) "SHOP Exchange navigator" has the meaning stated in Insurance Article, § 31-101(x), Annotated Code of Maryland.

(13) "State" means:

(a) Any state;

(b) The District of Columbia;

(c) The Commonwealth of Puerto Rico;

(d) The Northern Mariana Islands;

(e) The Virgin Islands;

(f) American Samoa; and

(g) The Trust Territory of the Pacific Islands.

Md. Code Regs. 31.03.12.02

Regulation .02B amended effective April 15, 2013 (40:7 Md. R. 613)