About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline



38 N.D. L. Rev. 409 (1962)
An Insurance Agent Qualification Law for North Dakota

handle is hein.journals/nordak38 and id is 411 raw text is: AN INSURANCE AGENT QUALIFICATION
LAW FOR NORTH DAKOTA?
DENNIS F. REINMUTH*
In the 1961 session of the North Dakota Legislature an in-
surance agent qualification bill Was introduced.' This bill was
defeated. It was the second time such a bill has failed to pass
the legislature.
What is an agent qualification law and what are its pur-
poses? What are the reasons such a bill failed to pass? These
are some of the important questions this paper will attempt
to answer.
The general plan of this paper will be first, to give a very
brief historical outline of insurance regulation and a descrip-
tion of the purposes of such regulation. This procedure will
be followed in order to show the evolution of the particular
governmental function with which this paper is concerned,
i. e., the licensing of insurance agents. Secondly, an analysis
of North Dakota's present licensing procedure for insurance
agents will be made together with a comparison with agent
qualification laws of other states. Finally, from this back-
ground and analysis, changes in the present North Dakota
scheme of licensing insurance agents will be suggested.
BACKGROUND OF STATE REGULATION
The interest of government in the insurance business is
nearly as old as the business itself. Evidence of government
legislation involving insurance can be found as early as the
fourteenth century, when a law intended to prevent gambling
in marine insurance was enacted. The earliest known insur-
ance code was promulgated in Barcelona.2
Aside from general incorporation statutes covering indi-
vidual insurers, the first regulatory insurance statutes in the
United States date from the early 1800's. The chief interest
of government in these early years was the raising of revenue
Assistant Professor of Insurance, University of North Dakota.
1 Senate Bill No. 112, Thirty-Seventh Legislative Assembly of North
Dakota. This measure was introduced by Senators Foss, Lips, and Reichert.
2. For an excellent summary, of the history of insurance regulation.
see PATTERSON, THE INSURANCE COMMISSIONER IN THE UNITED
STATES, Appendix I (1927).