31A-26-201.   Requirement of license.
     (1) Except as provided in Subsection (2), no person may perform, offer to perform, or solicit the opportunity to perform any act of insurance adjusting without a valid license under Section 31A-26-203; and no person may use the insurance adjusting services of another if the person knows or should know that the one providing these services does not have a license as required by law.
     (2) The following are exempt from the license requirement of Subsection (1), when acting in the indicated capacities:
     (a) a person engaged in insurance adjusting as a regular salaried employee of, and not an independent contractor for, an insurer;
     (b) an arbitrator or an umpire selected by the claimant and insurer to decide, alone or with others, whether a claim should be paid and how much should be paid;
     (c) an attorney at law acting in an attorney-client relationship;
     (d) an insurance producer, but only as to the classes of insurance for which he is licensed under Section 31A-23a-106 and only as to claims adjusted on the request of an insurer for which he is a producer;
     (e) a regular salaried employee of, and not an independent contractor for, a policyholder or claimant under an insurance policy;
     (f) an employee of a licensed insurance adjuster who provides only administrative or clerical assistance;
     (g) person who does not do insurance adjusting under Section 31A-26-102, but who is specially employed to obtain facts about a loss for or furnish technical assistance to a licensed adjuster or a company adjuster, including a photographer, estimator or appraiser, marine surveyor, private detective, engineer, and handwriting expert;
     (h) a holder of a group insurance policy, with respect to administrative activities in connection with that policy, who receives no compensation for his services beyond the actual expenses estimated on a reasonable basis;
     (i) a person engaged in insurance adjusting as a regular salaried employee of, and not an independent contractor for, an administrator licensed under Chapter 25; and
     (j) a person who gives advice or assistance without compensation or expectation of compensation, direct or indirect.
     (3) No claim settlement between an insurer and an insured or a claimant under an insurance contract is invalid as a result of a violation of this section.

Amended by Chapter 298, 2003 General Session
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Last revised: Wednesday, July 23, 2008