§ 58-33-70. Special provisions for adjusters and motor vehicle damage appraisers.
§58‑33‑70. Special provisions for adjusters and motor vehicledamage appraisers.
(a) It shall beunlawful and cause for revocation of license for a licensed adjuster to engagein the practice of law.
(b) On behalf and onrequest of an insurer by which an agent or limited representative is appointed,the agent or limited representative may from time to time act as an adjusterand investigate and report upon claims without being licensed as an adjuster.No agent or limited representative shall adjust any losses where the agent's orrepresentative's remuneration for the sale of insurance is in any way dependentupon the adjustment of those losses.
(c) Upon the filing ofthe application for an adjuster's license, the advance payment of theexamination fee, and the filing with the Commissioner of a certificate signedby the applicant's employer, the Commissioner may issue a learner's permitauthorizing the applicant to act as an adjuster for a learning period of 90days without a requirement of any other license. Not more than one learner'spermit shall ever be issued to one individual. The employer's certificaterequired by this subsection shall certify that:
(1) The applicant is anindividual of good character.
(2) The applicant isemployed by the signer of the certificate.
(3) The applicant willoperate as a student or learner under the instruction and general supervisionof a licensed adjuster.
(4) The employer will beresponsible for the adjustment acts of the applicant during the learningperiod.
(d) Repealed by SessionLaws 1998‑211, s. 19.
(e) The Commissionermay permit an experienced adjuster, who regularly adjusts in another state andwho is licensed in the other state (if that state requires a license), to actas an adjuster in this State without a North Carolina license only for aninsurance company authorized to do business in this State, for emergencyinsurance adjustment work, for a period to be determined by the Commissioner,done for an employer who is an adjuster licensed by this State or who is aregular employer of one or more adjusters licensed by this State; provided thatthe employer shall furnish to the Commissioner a notice in writing immediatelyupon the beginning of any such emergency insurance adjustment work. As used inthis subsection, "emergency insurance adjustment work" includes, butis not limited to, (i) adjusting of a single loss or losses arising out of anevent or catastrophe common to all of those losses or (ii) adjusting losses inany area declared to be a state of disaster by the Governor under G.S. 166A‑6or by the President of the United States under applicable federal law.
(f) The Commissionermay permit an experienced motor vehicle damage appraiser who is regularlyappraising in another state and who is licensed in such other state (if thatstate requires a license) to act as a motor vehicle damage appraiser in thisState without a North Carolina license for emergency motor vehicle damageappraisal work for a period not exceeding 30 days done for an employer whonotifies the Commissioner, in writing, at the beginning of the period ofemergency appraisal work and who is:
(1) An insuranceadjuster licensed by this State;
(2) A motor vehicledamage appraiser licensed by this State;
(3) A regular employerof one or more insurance adjusters licensed by this State; or
(4) A regular employerof one or more motor vehicle damage appraisers licensed by this State. (1987,c. 629, s. 1; 1998‑211, s. 19.)