Pennsylvania: premium trust account rules
What Pennsylvania requires of insurance producers holding premium funds, and what happens when those funds are diverted.
Citation
40 P.S. §§ 310.96; 324.9; 310.11; 310.42; 31 Pa. Code § 37.47
Source chart last reviewed this jurisdiction: 2/25
What the jurisdiction requires
An insurance producer shall be responsible in a fiduciary capacity for all funds received or collected as an insurance producer.
Penalties for diversion
A person that converts money with intent to use or fraudulently appropriate, take, or otherwise dispose of, or withhold, appropriate, lend, invest or otherwise use or apply money or substitutes for money received by him as an insurance producer, contrary to the instructions or without the consent of the insurer commits theft. The department may revoke, suspend or refuse to renew a license upon finding, after a hearing that an agent engaged in conduct that would disqualify him from initial issuance of a license. Improperly withholding, misappropriating, or converting money or property received in the course of doing business is a prohibited practice.
This reference is not legal advice. Citations and summaries are transcribed from the NAIC's Fiduciary Responsibilities—Premiums chart (Spring 2025) and reflect that chart's own review dates, which vary by jurisdiction. Statutes change, and the chart may lag the current code. Confirm the current text of any provision with the jurisdiction's insurance department or your own counsel before relying on it.
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Tie your premium trust account out three ways — bank, ledger and what you owe — with Pennsylvania's cited rule beside the worksheet. Runs in your browser; nothing is uploaded.
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