As used in this chapter, unless the context otherwise requires:
1. “Adjuster” means a public adjuster, an independent adjuster, or a licensed staff adjuster.
Apersonthatactsasanadjustersolelyforacrophailinsuranceoramultiperilcropinsurance
claim shall not be subject to this chapter.
2. “Amount of loss” means the monetary amount determined to be necessary to properly
repair or replace damage related to the scope of loss for a covered peril, and is limited to all
applicable coverages for covered items associated with the claim.
3. “Business entity” means a corporation, association, partnership, limited liability
company, limited liability partnership, or any other legal entity.
4. a. “Catastrophic disaster” means an event that results in all of the following:
(1)A large number of deaths or i
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As used in this chapter, unless the context otherwise requires:
1. “Adjuster” means a public adjuster, an independent adjuster, or a licensed staff adjuster.
Apersonthatactsasanadjustersolelyforacrophailinsuranceoramultiperilcropinsurance
claim shall not be subject to this chapter.
2. “Amount of loss” means the monetary amount determined to be necessary to properly
repair or replace damage related to the scope of loss for a covered peril, and is limited to all
applicable coverages for covered items associated with the claim.
3. “Business entity” means a corporation, association, partnership, limited liability
company, limited liability partnership, or any other legal entity.
4. a. “Catastrophic disaster” means an event that results in all of the following:
(1) A large number of deaths or injuries.
(2) Extensive damage or destruction of facilities that provide and sustain human needs.
(3) An overwhelming demand on state and local response resources and mechanisms.
(4) A severe long-term effect on general economic activity.
(5) A severe effect on state, local, and private sector capabilities to commence and sustain
disaster response activities.
b. “Catastrophic disaster” includes a major disaster declaration by the president of the
United States or a state of disaster emergency proclamation by the governor.
5. “Commissioner” means the commissioner of insurance.
6. “Consumeradvocate”meansaconsumeradvocateappointedpursuanttosection505.8,
subsection 6, paragraph “b”, subparagraph (1).
7. “Disciplinary matter” means but is not limited to a person who is the subject of an
investigation, complaint, or pending administrative action in this state or any other state.
8. “Financial interest” means but is not limited to a fee, commission, or other valuable
consideration.
§522C.2, LICENSING OF ADJUSTERS 2
9. “First-party claim” means a claim filed by a named insured under an insurance policy
against which the claim is made.
10. “Home state” means the District of Columbia, or any state or territory of the United
States in which an adjuster maintains the adjuster’s principal place of residence or principal
place of business.
11. “Independent adjuster” means a person who does all of the following:
a. Contracts, either directly or through a firm or third-party administrator, for
compensation with insurers or self-insurers, and is treated by the insurer or self-insurer as
an independent contractor and not as an employee as that term is described in 26 C.F.R.
§31.3121(d)(1).
b. Investigates, negotiates, or settles property, casualty, or workers’ compensation claims
for insurers or for self-insurers.
12. “Insured” means a person covered under an insurance policy against which a claim is
made.
13. “Insurer” means the same as defined in section 507A.3.
14. “NAIC” means the national association of insurance commissioners.
15. “NIPR gateway” means the communication network developed and operated by the
national insurance producer registry that links state insurance regulators with regulated
entities to facilitate the electronic exchange of adjuster information, including but not
limited to license applications, license renewals, appointments, and terminations.
16. “Person” means an individual or a business entity.
17. “Producer database” means the national database of insurance producers maintained
by the NAIC.
18. “Public adjuster” means a person who, for compensation or other thing of value, does
any of the following:
a. Acts for or aids an insured in negotiating or affecting the settlement of a first-party
claim for loss or damage to real or personal property of an insured.
b. Advertises for employment as a public adjuster of first-party insurance claims or
otherwise solicits business or represents to the public that the person is a public adjuster of
first-party insurance claims for loss or damage to real or personal property of an insured.
c. Directly or indirectly solicits business investigating or adjusting losses, or advising an
insured about first-party claims for loss or damage to real or personal property of the insured.
19. “Reinstatement” means the reinstatement of a suspended license which was
suspended in connection with a disciplinary matter, and that has not expired or been
terminated during the suspension period.
20. “Reissuance” means the issuance of a new license following the revocation of a
license, the suspension and subsequent termination of a license, or the forfeiture of a license
in connection with a disciplinary matter.
21. “Staff adjuster” means a person who is directly employed by an insurer or self-insurer
to investigate, negotiate, or settle property, casualty, or workers’ compensation claims.
22. “Uniform business entity application” means the most recent version of NAIC’s
uniform application for business entity license and registration.
23. “Uniform individual application” means the most recent version of NAIC’s uniform
application for individual adjuster or apprentice license and registration.