Sec. 38a-90a. Definitions.
               	 		
      Sec. 38a-90a. Definitions. As used in sections 38a-90 to 38a-90h, inclusive:
      (a) "Actuary" means a person who is a member in good standing of the American 
Academy of Actuaries.
      (b) "Managing general agent" means any person, firm, association or corporation 
who manages all or part of the insurance business of an insurer, including the management of a separate division, department or underwriting office and acts as an agent for 
such insurer whether known as a managing general agent, manager or other similar term, 
who, with or without the authority, either separately or together with affiliates, produces, 
directly or indirectly, and underwrites an amount of gross direct written premium which 
is equal to or more than five per cent of the policyholder surplus as reported in the last 
annual statement of the insurer in any one quarter or year together with one or more of 
the following activities related to the business produced: (1) Adjusts or pays claims in 
excess of an amount determined by the commissioner, or (2) negotiates reinsurance on 
behalf of the insurer. Notwithstanding the above, the following persons shall not be 
considered as managing general agents for the purposes of sections 38a-90 to 38a-90h, 
inclusive: (A) Any employee of the insurer; (B) a United States manager of the United 
States branch of an alien insurer, as defined in section 38a-1; (C) an underwriting manager which, pursuant to contract, manages all or part of the insurance operations of the 
insurer, is under common control with the insurer, subject to the Holding Company 
Regulatory Act, and whose compensation is not based on the volume of premiums 
written; and (D) the attorney-in-fact authorized by and acting for the subscribers of a 
reciprocal insurer or interinsurance exchange under powers of attorney.
      (c) "Underwrite" means the authority to accept or reject risk on behalf of the insurer.
      (P.A. 91-262, S. 11, 19; P.A. 93-57, S. 3; 93-239, S. 19; P.A. 94-39, S. 2.)
      History: P.A. 93-57 redefined "managing general agent" to eliminate the requirement of negotiating and finding ceding 
reinsurance contracts on behalf of an insurer and certain technical corrections for clarity; P.A. 93-239 redefined "managing 
general agent" to require only 5% of the policyholder surplus in lieu of 10% and to delete a provision excluding managers 
of insurers engaging in joint underwriting or joint reinsurance from consideration as managing general agents; P.A. 94-39 redefined "managing general agent" to specifically exclude attorneys-in-fact authorized by and acting for the subscribers 
of a reciprocal insurer or interinsurance exchange under powers of attorney.