Sec. 7. Definitions

409 words·~2 min read·/bill/116/hr/4037/ih/section-7

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

For purposes of this Act, the following definitions shall apply: The term home State means, with respect to an independent claims adjuster, the State in which the adjuster maintains his, her, or its principal place of residence or business and is licensed upon having passed an exam as an independent claims adjuster. If the State in which an independent claims adjuster maintains his or her principal place of residence or business does not issue an independent claims adjuster license or require an examination as a condition for such licensure for the line or lines of authority sought, such term means any other State in which the independent claims adjuster is so licensed upon having passed an exam and that is designated by such adjuster as his or her home State.

The term independent claims adjuster means an individual, other than a public adjuster, who undertakes on behalf of insurers or self-insurers to investigate, evaluate, and negotiate the resolution of the amount of a property, casualty, liability, disability, or workers’ compensation claim, loss, or damage on behalf of an insurance policy or insurer or as a third party on behalf of a self-insurer. Such term includes company or staff adjusters, who are individuals, other than a public adjuster, employed by property casualty insurers and undertake to investigate, evaluate, and negotiate the resolution of a property, casualty, liability, disability, crop loss, or workers’ compensation claim, loss, or damage on behalf of an insurance policy or insurer or as a third party on behalf of a self-insurer.

The term public adjuster means any person who, for compensation or any other thing of value, on behalf of the insured acts, aids, advertises, or solicits business to ascertain, determine, negotiate, or settle the amount of a claim, loss, or damage, solely in relation to first party claims arising under contracts that insure the real or personal property of the insured. The term State means the States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, Guam, the Virgin Islands, American Samoa, and any other territory or possession of the United States.

The term State law includes all laws, decisions, rules, regulations, or other State action of any State having the effect of law; and a law of the United States applicable only to the District of Columbia shall be treated as a State law rather than as a law of the United States.