Licensed agent wants to start Advisory business

[silverman23]

What is the name of your state? PA

To an Insurance attorney out there in cyberspace.....

I am a licensed Health & Accident Insurance Producer in PA. Producers are NOT permitted to charge fees for their services – which are supposed to come from the commissions paid by the insurance companies. I wrote to the Compliance Division Chief of the PA Department of Insurance. I asked him a seemingly simple question – can I provide an advisory service for a fee, if I am not acting in my capacity as an Insurance Producer? In this advisory role, I would be advising clients regarding their best options based on their unique situations, but I would not be selling insurance, receiving commissions nor benefiting in any way from whichever plan the person ultimately chooses.

He simply refused to answer the question and told me to consult a lawyer. I thought that this statement was a bit odd since it is his department in charge of enforcing the code.

I would appreciate it if you could give me your opinion on whether I can offer my services for a fee, as long as I am not acting in my capacity as an Insurance Producer as I described above.

Thanks in advance!What is the name of your state?

[ecmst12]

I think you're best of speaking to an actual PA insurance attorney rather then looking for help from a free advice message board, for something like this. Try the orange buttons to post your case to an attorney, if you don't want to find one through the phone book or Google.

[seniorjudge]

He simply refused to answer the question and told me to consult a lawyer. I thought that this statement was a bit odd since it is his department in charge of enforcing the code.

Not odd at all; he can't give legal advice.