40-5502. Definitions.
40-5502
40-5502. Definitions.As used in K.S.A. 2009 Supp. 40-5501 through 40-5519, and amendments thereto:(a) "Business entity" means acorporation,association,partnership, limited liability company, limited liability partnership or otherlegal entity.
(b) "Catastrophic disaster" means, according to the federal response plan, anevent:
(1) Declared by the president of the United States or governor of Kansas;
(2) results in large numbers of deaths and injuries;
(3) causes extensive damage or destruction of facilities that provide andsustain humanneeds;
(4) produces an overwhelming demand on state and local response resources andmechanisms;
(5) causes a severe long-term effect on general economic activity; and
(6) severely affects state, local and private sector capabilities to beginand sustainresponse activities.
(c) "Commissioner" means the state commissioner of insurance.
(d) "FBI" means the federal bureau of investigation.
(e) "Fingerprint" means an impression of the lines on a finger taken forpurpose ofidentification. The impression may be electronic or in ink converted toelectronic format.
(f) "Home state" means the District of Columbia and any state or territory ofthe UnitedStates in which a public adjuster's principal place of residence or principalplace of business islocated. If neither the state in which the public adjuster maintains theprincipal place of residencenor the state in which the public adjuster maintains the principal place ofbusiness has a lawgoverning public adjusters substantially similar to this act, the publicadjuster may declareanother state in which it becomes licensed and acts as a public adjuster to bethe home state.
(g) "KBI" means the Kansas bureau of investigation.
(h) "Licensed public adjuster" means a public adjuster licensed in accordancewith thisact.
(i) "NAIC" means the national association of insurance commissioners and itsaffiliatesand subsidiaries.
(j) "Person" means an individual or a business entity.
(k) "Public adjuster" means any individual who:
(1) For compensation or any other thing of value, and solely in relation tofirst partyclaims arising under insurance claims or contracts that insure the real orpersonal property of theinsured, aids or acts on behalf of an insured in negotiating for, or effectingthe settlement of, aclaim for loss or damage covered by and limited to commercial lines insurancecontracts;
(2) advertises for employment as a public adjuster of insurance claims ordirectly orindirectly solicits business or represents to the public that such person is apublicadjuster of first partyinsurance claims for losses or damages to real or personal property covered byand limited tocommercial lines insurance contracts; or
(3) for compensation or any other thing of value, investigates or adjustslosses or advisesan insured about first party claims for losses or damages to real or personalproperty of theinsured covered by and limited to commercial lines insurance contracts, foranother personengaged in the business of adjusting losses or damages covered by and limitedto commercial lines insurance contracts.
(l) "Uniform individual application" means the current version of the NAICuniformindividual application for resident and nonresident individuals.
(m) "Uniform business entity application" means the current version of theNAICuniform business entity application for resident and nonresident businessentities.
History: L. 2009, ch. 83, § 2; Apr. 23.