Code of Maryland Regulations (Last Updated: April 6, 2021) |
Title 31. Maryland Insurance Administration |
Subtitle 03. INSURANCE PRODUCERS AND OTHER INSURANCE PROFESSIONALS |
Chapter 31.03.03. Fiduciary Responsibility of Insurance Producers: Premium Accounts — Commingling of Funds |
Sec. 31.03.03.01. Definitions
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A. In this chapter, the following terms have the meanings indicated.
B. Terms Defined.
(1) Business day means any calendar day except Saturday, Sunday, or a legal holiday.
(2) Carrier means a person that is:
(a) An insurer that holds a certificate of authority in the State and provides insurance in the State;
(b) A health maintenance organization that is licensed to operate in the State;
(c) A nonprofit health service plan that is licensed to operate in the State; or
(d) Any other person or organization that provides insurance or health benefit plans subject to State insurance regulation.
(3) Operating account means an account owned by an insurance producer containing monies that are utilized primarily for the day to day operation of the insurance producers business.
(4) Personal account means an account owned by an individual who is an insurance producer containing monies that are utilized primarily for the individuals personal expenses.
(5) Premium has the meaning stated in Insurance Article, §1-101, Annotated Code of Maryland.
(6) Premium account means an account in a bank or banks authorized to do business in this State or subject to jurisdiction of this State containing premium monies or voluntary deposits, from which withdrawals may not be made except as specified in COMAR 31.03.03.02C.
(7) Prompt remittance means remittance of premium monies to carriers or insureds not later than the close of the fifth business day following receipt of the funds.
(8) Voluntary deposit means a deposit into a premium account in excess of aggregate net premiums, return premiums, and deposits received but not remitted, made for the purpose of maintaining a minimum balance, to guarantee the adequacy of the account, or to pay premium due but uncollected.