<?xml version="1.0" encoding="ISO-8859-1"?><section number="31A-26-201"><histories><history>Amended by Chapter <modchap sess="2010GS">10</modchap>, 2010 General Session</history><modyear>2010</modyear></histories><catchline>Requirement of license.</catchline><subsection number="31A-26-201(1)">
Except as provided in Subsection <xref depth="4" refnumber="31A-26-201(2)" start="0">(2)</xref>:
<subsection number="31A-26-201(1)(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 <xref depth="3" refnumber="31A-26-203" start="0">31A-26-203</xref>; and</subsection><subsection number="31A-26-201(1)(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.</subsection></subsection><subsection number="31A-26-201(2)">
The following are exempt from the license requirement of Subsection <xref depth="4" refnumber="31A-26-201(1)" start="0">(1)</xref>, when acting in the indicated capacity:
<subsection number="31A-26-201(2)(a)">
an individual engaged in insurance adjusting as a regular salaried employee of, and not an independent contractor for, an insurer;</subsection><subsection number="31A-26-201(2)(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;</subsection><subsection number="31A-26-201(2)(c)">
an attorney at law acting in an attorney-client relationship;</subsection><subsection number="31A-26-201(2)(d)">
an insurance producer, but only as to:<subsection number="31A-26-201(2)(d)(i)">
a class of insurance for which the insurance producer is licensed under Section <xref depth="3" refnumber="31A-23a-106" start="0">31A-23a-106</xref>; and</subsection><subsection number="31A-26-201(2)(d)(ii)">
a claim adjusted on the request of an insurer for which the insurance producer is a producer;</subsection></subsection><subsection number="31A-26-201(2)(e)">
a regular salaried employee of, and not an independent contractor for, a policyholder or claimant under an insurance policy;</subsection><subsection number="31A-26-201(2)(f)">
an employee of a licensed insurance adjuster who provides only administrative or clerical assistance;</subsection><subsection number="31A-26-201(2)(g)">
an individual who does not do insurance adjusting under Section <xref depth="3" refnumber="31A-26-102" start="0">31A-26-102</xref>, 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:<subsection number="31A-26-201(2)(g)(i)">
a photographer;</subsection><subsection number="31A-26-201(2)(g)(ii)">
an estimator;</subsection><subsection number="31A-26-201(2)(g)(iii)">
an appraiser;</subsection><subsection number="31A-26-201(2)(g)(iv)">
a marine surveyor;</subsection><subsection number="31A-26-201(2)(g)(v)">
a private detective;</subsection><subsection number="31A-26-201(2)(g)(vi)">
an engineer; and</subsection><subsection number="31A-26-201(2)(g)(vii)">
a handwriting expert;</subsection></subsection><subsection number="31A-26-201(2)(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;</subsection><subsection number="31A-26-201(2)(i)">
an individual engaged in insurance adjusting as a regular salaried employee of, and not an independent contractor for, an administrator licensed under <xref depth="1" refnumber="31A-25" start="1">Chapter 25, Third Party Administrators</xref>; or</subsection><subsection number="31A-26-201(2)(j)">
a person who gives advice or assistance without compensation or expectation of compensation, direct or indirect.</subsection></subsection><subsection number="31A-26-201(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.</subsection></section>
