1033 Waiver Information
The Violent Crime Control and Law Enforcement Act (“Act”), 18 U.S.C. §§ 1033 and 1034, makes it a criminal offense subject to federal prosecution and significant penalties for persons who have been convicted of a felony involving breach of trust or dishonesty to willfully engage or participate in the business of insurance and to obtain the written consent of the appropriate state insurance regulatory official. The written consent must specifically state that consent is given for the individual to engage in the business of insurance pursuant to 18 U.S.C. § 1033(e).
The Act broadly defines “the business of insurance.” The Department has jurisdiction to consider requests for written consent from the following entities and persons:
- Officers, directors, employees, consultants and subcontractors of domestic insurers, including but not limited to insurance companies, associations and exchanges, Lloyds insurers, health maintenance organizations, fraternal benefits societies, beneficial associations, hospital plan corporations, health services plan corporations, preferred provider organizations, premium finance companies, risk retention groups, viatical settlement providers, third party administrators and purchasing groups.
- Resident licensees and their officers, directors and employees, including but not limited to insurance agents, brokers, insurance producers, agencies exclusive general agents, managing general agents and managers, reinsurance intermediaries, surplus lines agents, public adjusters, public adjustor solicitors, viatical settlement brokers and motor vehicle physical damage appraisers.
If you are unclear and have questions regarding whether a particular activity is considered to be the business of insurance, please contact the Pennsylvania Insurance Department for clarification at email@example.com
Although the Act does not specifically define what crimes are considered to involve “breach of trust or dishonesty,” the Act encompasses any felony conviction involving breach of trust or dishonesty regardless of the age of the conviction or whether it is a state or federal violation. The Department will consider whether a particular felony falls within the purview of the Act on a case-by-case basis.
If you feel your situation falls within the realm of the Act, you must complete an Application for Written Consent Pursuant to 18 U.S.C. §§ 1033 and 1034. While your application is pending and under review, you are not permitted to engage in the business of insurance. The Department has full discretion in deciding whether to grant or deny requests for written consent.
Failure to inform the Department of a prior felony conviction may result not only in a violation of the Act, but also a ground for the denial or revocation of a license, the imposition of a monetary penalty and/or other appropriate remedies.