20-321

20-321. Definition of adjuster;
exception

A. In this article, unless the context otherwise requires, "adjuster" means any
person who for compensation, fee or commission either:

1. Adjusts, investigates or negotiates settlement of claims arising under insurance
contracts on behalf of either the insurer or the insured.

2. Holds oneself out to perform a service listed in paragraph 1 of this subsection.

B. For the purposes of this article, an adjuster does not include:

1. A licensed attorney-at-law who is qualified to practice law in this state.

2. A salaried employee of an insurer or of a managing general agent.

3. A licensed insurance producer who adjusts or assists in adjustment of losses
arising under policies procured through the insurance producer.

4. An employee of a political subdivision who adjusts or assists in the adjustment
of losses arising under policies covering the political subdivision or persons
indemnified by the political subdivision.

5. An independent contractor retained by a licensed adjuster or a person listed in
paragraphs 1 through 4 of this subsection for the sole purpose of providing technical
assistance in connection with a claim. An independent contractor may include
photographers, estimators, engineers, private detectives or handwriting experts.

C. For the purposes of subsection B, "salaried employee" means an employee whose
compensation is not contingent on the outcome of a claim determination.