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have purchased at the applicant's real age at the time of effecting the insurance. This and the preceding section shall not affect the rights of parties to actions or suits pending on April 6, 1894.

1912, art. 23, sec. 215. 1904, art. 23, sec. 198. 1892, ch. 537. 1894, ch. 473. 1914, ch. 632, sec. 215.

215. Every insurance company doing business in any of the counties of this State shall, during the month of April of each and every year, publish in at least one newspaper published in each of said counties, for three consecutive weeks, an abstract of the annual statement as required by this Article; provided that such publication shall not be required of mutual insurance companies formed under any general or special law of this State which annually send a full and detailed statement of the affairs and business of said companies to all of their respective policyholders and to the State Insurance Commissioner; and provided further, that fire, life, bonding and casualty insurance companies shall be required to publish such abstract of their annual statements in one newspaper in Baltimore City, and not elsewhere; and provided, further, that a certified copy of such abstract so published shall be furnished by the Insurance Commissioner to any person, firm or corporation applying therefor upon the payment of a fee of one dollar.

1906, ch. 273. 1908, ch. 396.

216. No life insurance company authorized to transact business in this State shall hereafter issue to or upon the life of any resident of this State any policy participating in the profits or surplus, under which the accounting, apportionment and distribution of surplus to the policyholder shall be delayed for a longer period than five years from the date at which the insurance first went into effect, or from any preceding accounting, apportionment or distribution of surplus.

No life insurance company incorporated under the laws of Maryland, or incorporated elsewhere and doing business in said State, shall be permitted to enter into any agreement with any policyholder or applicant for insurance, intended as a waiver of any of the provisions of Sections 216 and 217, and it shall be the duty of the Insurance Commissioner to revoke the au

thority of any such corporation to transact business in this State, for failure to comply with any of the requirements of said sections.

1908, ch. 396.

217. The foregoing section shall not apply to policies written on under-average risks, but such under-average insurance may be written upon such terms as the parties may agree upon, and the surplus may be apportioned and dividends declared and paid annually, or at longer intervals in the manner and proportions, and among the parties entitled thereto under the terms of their renewal contracts with the corporation.

Insurance Broker.

1904, art. 23, sec. 199. 1894, ch. 377. 1900, ch. 740, sec. 143A. 1916, ch. 257.

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218. All liceness for the purpose of conducting the occupation or business of an insurance broker or broker's solicitor shall be granted by the State Insurance Commissioner of Maryland, and all such licenses granted by said Commissioner shall expire on the 1st day of May thereafter. Whoever, for compensation, acts or aids in any manner in negotiating contracts of insurance or reinsurance, or placing risks or affecting insurance or reinsurance for a person other than himself, and not being a duly appointed solicitor, agent or officer of the company in which such insurance or reinsurance is effected, and not being a duly licensed and qualified broker's solicitor as defined in, and in conformity with, the provisions of Section 219A of this Article, shall be deemed an insurance broker within the meaning of this Article.*

1912, art. 23, sec. 219. 1904, art. 23, sec. 200. 1900, ch. 740, sec. 143B. 1914, ch. 504, sec. 200.

219. Any natural person, bona fide co-partnership or corporation applying therefor as hereinafter set forth, and paying to the Insurance Commissioner the sum of one hundred dollars ($100) for the use of the State, an additonal sum of one dollar ($1) as a fee to the said Commissioner for issuing said license,

*This section and sections 219a, 219b and 220 take effect from and after January 1, 1917. For definition of a broker see State vs. Geddes, 127 Md. 166.

may obtain a license for carrying on the business of an insurance broker; provided, however, that any natural person, bona fide copartnership or corporation, residing in any of the counties of this State may, upon payment of a fee of twenty-five dollars ($25.00) for the use of the State, and an additional sum of one dollar ($1.00) as a fee to the said Commissioner for issuing said license, obtain a license to act as broker as to risks situated in the county only within which he, they or it may reside. A license issued to a copartnership or corporation shall authorize only those members of the copartnership, not exceeding three in number, who are specified in the license, or those officers, agents and employees of the corporation, not exceeding three in number, who are specified in the license, to act for the said copartnership or for the said corporation thereunder. The Insurance Commissioner shall from time to time, upon application and payment of an additional sum of fifty cents in each such case as a fee to the Insurance Commissioner, change the designations of members of copartnerships, and of officers, agents and employees of corporations in licenses issued under this section to copartnerships and corporations. Every application for a license under this section shall be addressed to the Insurance Commissioner in writing, shall set forth in full the name and address of each such applicant, and the name and address of each person who proposes to act under a li cense issued as aforesaid to any copartnership or corporation, that each such appilcant or person proposing to act under such license has not wilfully violated any of the insurance laws of this State during the past year and that he will not violate any such law during the term of license applied for if issued; that he has not dealt unjustly with or deceived any citizen of this State or misrepresented the conditions of any insurance policy or contract; whether or not he is indebted to any insurance company or general agent by virtue of any contract as former agent or broker; whether or not his license as insurance agent or broker has been declined or revoked in this or any other State for a violation of law; where and in what business engaged during the past year, and shall give full answers to the following questions: Do you understand that it is against the

laws of this State (a) to act as broker for any company without license from this department, (b) to misrepresent the conditions of any policy contract, (c) to make any discrimination between citizens of this State in premiums, or in rebating any part of premiums or commissions, or to twist or to attempt to twist policies by misrepresentation. Said application and declaration shall be signed by the person, a member of the copart nership, or a duly authorized officer of the corporation, applying as the case may be. If any such license shall be issued for a portion of any year, a ratable sum shall be charged therefor up to the first day of May next succeeding the date of such ap plication.*

1916, ch. 257.

219A. Any person who shall be a bona fide employee of a duly licensed and qualified broker and not duly operating under a broker's license in conformity with the provisions of Section 219 of this Article, and who, for compensation, whether by way of salary or commission, or both, shall solicit on behalf of and in the name of his said employer, and not in his own name, or in any manner aid his said employer in negotiating contracts of insurance or reinsurance in the name of his said employer, is hereby designated a broker's solicitor and shall be deemed to be such for the purposes of this Article. No person shall act in any manner or perform any of the duties or functions of such broker's solicitor until application for a license therefor shall have been made by each said broker's solicitor and by his employer on application forms provided by the Insurance Commissioner, and duly signed by said broker's solicitor and by his said employer, and there shall have been issued by the Insurance Commissioner a license to act as such broker's solicitor, for which license there shall be paid to the Insurance Commissioner the sum of twenty-five dollars by or for each such broker's solicitor. Said license shall bear the name of the broker's solicitor to whom issued and of the employer for whom he is authorized to act, and shall authorize said broker's solicitor named therein to solicit insurance and reinsurance in the

In Shehan vs. Tannebaum, 121 Md. 283, it was decided that a corporation under the statute was not entitled to act as an insurance broker, but the effect of this decision was annulled by the Act of 1914, ch. 504, the same being the present reading of section 219.

name of his said employer, but not in his own name, or in the name of any other person, firm or corporation, and further to aid in any proper and lawful manner his said employer in negotiating contracts of insurance and reinsurance, in the name of his said employer, but shall not authorize or permit said. broker's solicitor to act in or use his own name in soliciting or negotiating any contracts of insurance or reinsurance or in any renewal or renewals of any such contracts or to deliver any policy or policies or bill any assured or collect any premium of insurance in his own name or in any other manner than in the name of and as the agent or employee of his said employer. The broker for whom any such solicitor shall act under such license may place any insurance procured by or through said solicitor in any company and in the same manner and to the same extent as if said business had been procured or negotiated directly by said broker employing said solicitor.

1916, ch. 257.

219B. Any duly authorized broker of any other State of the United States or of the District of Columbia, residing outside of this State, may negotiate any contract or contracts of insurance within this State or on property located within this State to the same extent, and on the same terms and upon the payment of the same fees as are or shall be required, demanded or exacted by any such State or the District of Columbia, of or from citizens of this State negotiating or transacting a like business in any such State or the District of Columbia.

1904, art. 23, sec. 201. 1894, ch. 377. 1900, ch. 740, sec. 143c.
1916, ch. 257.

220. Any person who shall use or exercise within this State the business or occupation of an insurance broker or broker's solicitor, as the case may be, without having procured a license therefor, as required by Sections 218, 219, 219A and 219B of this Article, and each person who employs, and each member of any partnership, and each officer of any corporation having authority to employ agents, clerks and solicitors, who shall employ or permit the employment or receive or accept the services of any broker's solicitor until a license in each such case shall have been duly issued as provided in Section 219A, shall be deemed guilty of a misdemeanor and shall be subject to a pen

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