31A-26-102. Definitions.

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

Effective 10/14/2025

As used in this chapter, unless expressly provided otherwise:

(1)"Company adjuster" means a person employed by an insurer who negotiates or settles claims on behalf of the insurer or an affiliated insurer.

(2)"Designated home state" means the state or territory of the United States or the District of Columbia:

(a)in which an insurance adjuster does not maintain the adjuster's principal:

(i)place of residence; or

(ii)place of business;

(b)if the resident state, territory, or District of Columbia of the adjuster does not license adjusters for the line of authority sought, the adjuster has qualified for the license as if the person were a resident in the state, territory, or District of Columbia described in Subsection (2)(a) , including an applicable:

(i)examination requirement;

(ii)fingerprint background check requirement; and

(iii)continuing education requirement; and

(c)that the adjuster has designated as the insurance adjuster's designated home state.

(3)"DOD civilian" means the same as that term is defined in Section 53H-11-202 .

(4)"Home state" means:

(a)a state or territory of the United States or the District of Columbia in which an insurance adjuster:

(i)maintains the adjuster's principal:

(A)place of residence; or

(B)place of business; and

(ii)is licensed to act as a resident adjuster; or

(b)if the resident state, territory, or the District of Columbia described in Subsection (4)(a) does not license adjusters for the line of authority sought, a state, territory, or the District of Columbia:

(i)in which the adjuster is licensed;

(ii)in which the adjuster is in good standing; and

(iii)that the adjuster has designated as the adjuster's designated home state.

(5)"Independent adjuster" means an insurance adjuster required to be licensed under Section 31A-26-201 , who engages in insurance adjusting as a representative of one or more insurers.

(6)"Insurance adjusting" or "adjusting" means directing or conducting the investigation, negotiation, or settlement of a claim under an insurance policy, on behalf of an insurer, policyholder, or a claimant under an insurance policy.

(a)"Organization" means a person other than a natural person.

(b)"Organization" includes a sole proprietorship by which a natural person does business under an assumed name.

(8)"Portable electronics insurance" means the same as that term is defined in Section 31A-22-1802 .

(9)"Public adjuster" means a person required to be licensed under Section 31A-26-201 , who engages in insurance adjusting as a representative of insureds and claimants under insurance policies.

Amended by Chapter 9 , 2025 Special Session 1