§ 58-33A-10. (Effective July 1, 2010) License required.
§ 58‑33A‑10. (Effective July 1, 2010) License required.
(a) A person shall notact or hold himself or herself out as a public adjuster in this State unlessthe person is licensed as a public adjuster in accordance with this Article.
(b) A person licensed asa public adjuster shall not misrepresent to a claimant that he or she is anadjuster representing an insurer in any capacity, including acting as anemployee of the insurer or acting as an independent adjuster unless soappointed by an insurer in writing to act on the insurer's behalf for thatspecific claim or purpose. A licensed public adjuster is prohibited fromcharging that specific claimant a fee when appointed by the insurer and theappointment is accepted by the public adjuster.
(c) A business entityacting as a public adjuster is required to obtain a public adjuster license.Application shall be made using the uniform business entity application. Beforeapproving the application, the Commissioner shall find all of the following:
(1) The business entityhas paid the fees set forth in G.S. 58‑33‑125.
(2) The business entityhas designated a licensed public adjuster responsible for the business entity'scompliance with the insurance laws and regulations of this State.
(d) Notwithstandingsubsections (a) through (c) of this section, a license as a public adjustershall not be required of any of the following:
(1) An attorney‑at‑lawadmitted to practice in this State, when acting in his or her professionalcapacity as an attorney.
(2) A person who negotiatesor settles claims arising under a life or health insurance policy or an annuitycontract.
(3) A person employedonly for the purpose of obtaining facts surrounding a loss or furnishingtechnical assistance to a licensed public adjuster, including photographers,estimators, private investigators, engineers, and handwriting experts.
(4) A licensed healthcare provider, or employee of a licensed health care provider, who prepares orfiles a health claim form on behalf of a patient.
(5) A person who settlessubrogation claims between insurers. (2009‑565, s. 1.)