(a) No person shall in this state, directly or indirectly, act as agent for, or otherwise represent or aid on behalf of another, any insurer not then authorized to transact such insurance in this state in the solicitation, negotiation, or effectuation of insurance or annuity contracts, forwarding of applications, delivery of policies or contracts, inspection of risks, fixing of rates, investigation or adjustment of losses, collection of premiums, or in any other manner in the transaction of insurance with respect to subjects of insurance resident, located or to be performed in this state.
(b) This section shall not apply to:
(1) Acceptance of service of process by the commissioner under Section 27-10-52;
(2) Surplus lines insurance or coverage specified in Section 27-10-34 and other transactions as to which a certificate of authority is not required of an insurer;
(3) Adjustment of losses as authorized in Section 27-10-35;
(4) Transactions for which a certificate of authority to do business is not required of an insurer under the laws of this state;
(5) Reinsurance effectuated in accordance with this title; or
(6) The property and operations of the shipbuilding and/or ship repair industry engaged in interstate or foreign commerce and vessels, cargoes, watercraft, piers, wharves, graven docks, dry docks, marine railways and building ways, commonly known as wet marine.
(c) This section shall not be deemed to render invalid, as between the parties thereto, any insurance contract entered into in violation of this section.
Last modified: May 3, 2021