Title 31A Chapter 26 Section 201

Insurance Code
Insurance Adjusters
Section 201
Requirement of license.

            

31A-26-201.   Requirement of license.

            (1) Except as provided in Subsection (2):

            (a) a person may not perform, offer to perform, or solicit the opportunity to perform an act of insurance adjusting without a valid license under Section 31A-26-203; and

            (b) a person may not 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 capacity:

            (a) an individual 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:

            (i) a class of insurance for which the insurance producer is licensed under Section 31A-23a-106; and

            (ii) a claim adjusted on the request of an insurer for which the insurance producer 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) an individual 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:

            (i) a photographer;

            (ii) an estimator;

            (iii) an appraiser;

            (iv) a marine surveyor;

            (v) a private detective;

            (vi) an engineer; and

            (vii) a handwriting expert;

            (h) a holder of a group insurance policy, with respect to administrative activities in connection with that insurance policy, who receives no compensation for the policyholder's services beyond the actual expenses estimated on a reasonable basis;

            (i) an individual engaged in insurance adjusting as a regular salaried employee of, and not an independent contractor for, an administrator licensed under Chapter 25, Third Party Administrators; or

            (j) a person who gives advice or assistance without compensation or expectation of compensation, direct or indirect.

            (3) A claim settlement between an insurer and an insured or a claimant under an insurance policy may not be considered invalid as a result of a violation of this section.


Amended by Chapter 10, 2010 General Session