Managing General Agent
WHAT IS A MANAGING GENERAL AGENT?
The Department of Insurance no longer issues a separate managing general agent license. A managing general agent is an insurance producer that meets the definition set forth in ARS § 20-311, as follows:
A managing general agent is (ARS § 20-311)
...any person, firm, association or corporation [that is licensed as an insurance producer (ARS § 20-311.01)] that manages all or part of the insurance business of an insurer, including the management of a separate division, department or underwriting office, and that, with or without authority and either separately or together with affiliates, directly or indirectly produces and underwrites an amount of gross direct written premium that is at least five per cent of the policyholder surplus as reported in the last annual statement of the insurer in any one quarter or year and that either:
- Engages in the adjustment or payment of claims in excess of ten thousand dollars per claim.
- Negotiates reinsurance on behalf of the insurer.
A managing general agent must have a written agreement with the insurer that sets forth the responsibilities of each party and, if both parties share responsibility for a particular function, specifies the division of the responsibilities. ARS § 20-311.02.
ARS § 41-1030(G) requires most Arizona government agencies to prominently print the provisions of ARS § 41-1030(B), (D), (E) and (F) on all license applications. The following is the language in ARS § 41-1030(B), (D), (E) and (F):
B. An agency shall not base a licensing decision in whole or in part on a licensing requirement or condition that is not specifically authorized by statute, rule or state tribal gaming compact. A general grant of authority in statute does not constitute a basis for imposing a licensing requirement or condition unless a rule is made pursuant to that general grant of authority that specifically authorizes the requirement or condition.
D. This section may be enforced in a private civil action and relief may be awarded against the state. The court may award reasonable attorney fees, damages and all fees associated with the license application to a party that prevails in an action against the state for a violation of this section.
E. A state employee may not intentionally or knowingly violate this section. A violation of this section is cause for disciplinary action or dismissal pursuant to the agency’s adopted personnel policy.
F. This section does not abrogate the immunity provided by section 12-820.01 or 12-820.02.