31A-26-201. Requirement of license.

418 words·~2 min read·/ut/title-31a/chapter-26/31a-26-201

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

(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