§ 27-1-28-6 — Independent adjuster

Indiana § 27-1-28-6

• Jurisdiction: Indiana
• Title 27: INSURANCE
• Art. 1: DEPARTMENT OF INSURANCE
• Ch. 28: Independent Adjuster Licensing

Text

(a) As used in this chapter, "independent
adjuster" means a person, or an independent contractor or employee of
a person, that:
(1) contracts for compensation with insurers or self-insurers to
investigate, negotiate, or settle property, casualty, or worker's
compensation claims; and
(2) for tax purposes is treated by the insurers or self-insurers in a
manner consistent with treatment of an independent contractor
rather than an employee under Title 26, Subtitle C of the Internal
Revenue Code.
(b) The term does not include the following:
(1) An attorney who:
(A) is admitted to practice in Indiana; and
(B) acts in a professional capacity as an attorney.
(2) A person employed solely to do any of the following:
(A) Obtain facts surrounding a claim.
(B) Furnish technical assistance to a licensed independent
adjuster.
(3) An individual:
(A) who is an employee of:
(i) an independent adjuster who is licensed under this
chapter; or
(ii) an affiliate of an independent adjuster who is licensed
under this chapter;
(B) who is supervised by:
(i) an independent adjuster licensed under this chapter; or
(ii) an insurance producer licensed under IC 27-1-15.6;
who supervises not more than twenty-five (25) persons
described in this subdivision; and
(C) who is employed solely to:
(i) collect claim information from insureds or claimants;
(ii) furnish claim information to insureds or claimants; or
(iii) perform data entry into an automated claims adjudication
system.
(4) An individual who is employed to investigate suspected
fraudulent insurance claims, but who does not adjust losses or
determine claim payments.
(5) A person that:
(A) performs only executive, administrative, managerial, or
clerical duties; and
(B) does not investigate, negotiate, or settle claims with
policyholders, claimants, or legal representatives of
policyholders or claimants.
(6) A person that settles only reinsurance or subrogation claims.
(7) An officer, director, manager, or employee of an authorized
insurer, a managing general agent, a surplus lines insurer, a risk
retention group, or an attorney in fact of a reciprocal insurer.
(8) A manager of the United States branch of an alien insurer.
(9) A person that investigates, negotiates, or settles life, accident
and health, annuity, or disability insurance claims.
(10) Under a self-insured arrangement, an individual who adjusts
claims on behalf of the individual's employer.
(11) A licensed insurance producer, an attorney in fact of a
reciprocal insurer, or a managing general agent of an insurer to
whom claim authority has been granted by the insurer.
(12) A person that is authorized to adjust worker's compensation
or disability claims under the authority of a third party
administrator.
(13) A person that investigates, negotiates, or settles crop
insurance claims.
(14) An individual who:
(A) does not adjust losses or determine claim payments; and
(B) is employed to use a specialized skill possessed by the
individual to make a determination:
(i) concerning an element of a claim; and
(ii) that is used by an independent adjuster, or an adjuster
who is directly employed by an insurer, in adjusting a loss or
determining a claim payment.

Legislative History

As added by P.L.11-2011, SEC.22.