§ 26.1-26.8-03 — License required - Penalty

North Dakota § 26.1-26.8-03

• Jurisdiction: North Dakota
• Title 26.1: Insurance
• Ch. 26.1-26.8: Public Adjusters

Text

1. A person may not operate as or represent that the person is a public adjuster in this
state unless the person is licensed as a public adjuster in accordance with this
chapter.
2. A public adjuster may not misrepresent to an insured the public adjuster is an adjuster
representing an insurer in any capacity, including acting as an employee of the insurer
or acting as an independent adjuster.
3. A public adjuster may not solicit or enter an agreement for the repair or replacement of
damaged property on which the public adjuster has engaged to adjust or settle claims
for losses or damages of the insured.
4. Except as provided in subsection 1, licensure as a public adjuster is not required for:
a. An attorney admitted to practice in this state, in the course of acting in the
attorney's professional capacity as an attorney;
b. A person that negotiates or settles claims arising under a life or health insurance
policy or an annuity contract;
c. An individual employed for the limited purpose of obtaining facts surrounding a
loss or furnishing technical assistance to a licensed public adjuster, including a
photographer, estimator, private investigator, engineer, or handwriting expert;
d. A licensed health care provider, or an employee of a licensed health care
provider, who prepares or files a health claim form on behalf of a patient; or
e. A person that settles subrogation claims between insurers.
5. A person willfully violating subsection 1 or 2 is guilty of a class C felony.