Title 31A Chapter 26 Part 2 Section 201

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Index	Utah Code
Title 31A	Insurance Code
Chapter 26	Insurance Adjusters
Part 2	Licensing and Registration of 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

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