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Vegas Law

1. As used in this Code, “adjuster” means any person who, for compensation as an independent contractor or for a fee or commission, investigates and settles, and reports to his principal relative to, claims: (a) Arising under insurance contracts for property, casualty or surety coverage, on behalf solely of the insurer or the insured; or (b) Against a self-insurer who is providing similar coverage, unless the coverage provided relates to a claim for industrial insurance. 2. For the purposes of this chapter: (a) An associate adjuster, as defined in NRS 684A.030; (b) An attorney at law who adjusts insurance losses from time to time incidental to the practice of his profession; (c) An adjuster of ocean marine losses; (d) A salaried employee of an insurer; or (e) A salaried employee of a managing general agent maintaining an underwriting office in this state, is not considered an adjuster. (Added to NRS by 1971, 1661; A 1981, 270; 1987, 141; 1993, 2389; 1995, 1615) NRS 684A.030 “Independent,” “public” and “associate adjuster” defined. As used in this Code: 1. “Independent adjuster” means an adjuster representing the interests of an insurer or a self-insurer. 2. “Public adjuster” means an adjuster employed by and representing solely the financial interests of the insured named in the policy. 3. “Associate adjuster” means an employee of an adjuster who, under the direct supervision of the adjuster, assists in the investigation and settlement of insurance losses on behalf of his employer. (Added to NRS by 1971, 1661; A 1987, 141) NRS 684A.040 License required; penalties; issuance of limited license. 1. No person may act as, or hold himself out to be, an adjuster or associate adjuster in this State unless then licensed as such under the applicable independent adjuster’s license, public adjuster’s license or associate adjuster’s license, as the case may be, issued under the provisions of this chapter. 2. For purposes of this chapter, the Commissioner may issue a limited license to an adjuster handling claims under a contract of one or more of the kinds of insurance defined in NRS 681A.010 to 681A.080, inclusive. 3. Any person violating the provisions of this section is guilty of a gross misdemeanor. 4. A person who acts as an adjuster in this State without a license is subject to an administrative fine of not more than $1,000 for each violation. (Added to NRS by 1971, 1662; A 2001, 2211) NRS 684A.050 Concurrent licensing as independent and public adjuster prohibited. The Commissioner may license an individual as either an independent adjuster or as a public adjuster. No individual shall be licensed concurrently under the same license or separate licenses as an independent adjuster and as a public adjuster. (Added to NRS by 1971, 1662) NRS 684A.055 Licensing of person in business of repairing bodies of automobiles prohibited. No person who is engaged in the business of repairing the bodies of automobiles may: 1. Be licensed pursuant to this chapter. 2. Own a controlling interest in a firm or corporation licensed pursuant to NRS 684A.080. (Added to NRS by 1985, 484) NRS 684A.060 Exceptions to requirement of licensing: Agents; catastrophes. 1. On behalf of, as authorized by, an insurer as to which he is licensed as an agent under chapter 683A of NRS, an agent may from time to time act as an adjuster without a license as an adjuster; but no such agent shall act as an adjuster for an insurer with which he has a contract providing for compensation retrospectively contingent upon losses incurred under insurance sold or serviced by him. 2. No license shall be required of a nonresident salaried adjuster or independent adjuster for the adjustment in this state of one or more losses arising out of a catastrophe common to all such losses where such losses are designated to be a catastrophe by responsible insurance associations or the Commissioner. (Added to NRS by 1971, 1662) NRS 684A.070 Qualifications for license for natural person; waiver of residency requirement; denial, suspension, revocation of or limitation on license for committing certain crime. 1. For the protection of the people of this State, the Commissioner may not issue or continue any license as an adjuster except in compliance with the provisions of this chapter. Any person for whom a license is issued or continued must: (a) Be at least 18 years of age; (b) Except as otherwise provided in subsection 2, be a resident of this State, and have resided therein for at least 90 days before his application for the license; (c) Be competent, trustworthy, financially responsible and of good reputation; (d) Never have been convicted of, or entered a plea of guilty or nolo contendere to, forgery, embezzlement, obtaining money under false pretenses, larceny, extortion, conspiracy to defraud or any crime involving moral turpitude; (e) Have had at least 2 years’ recent experience with respect to the handling of loss claims of sufficient character reasonably to enable him to fulfill the responsibilities of an adjuster; (f) Pass all examinations required under this chapter; and (g) Not be concurrently licensed as a producer of insurance for property, casualty or surety or a surplus lines broker, except as a bail agent. 2. The Commissioner may waive the residency requirement set forth in paragraph (b) of subsection 1 if the applicant is: (a) An adjuster licensed under the laws of another state who has been brought to this State by a firm or corporation with whom he is employed that is licensed as an adjuster in this State to fill a vacancy in the firm or corporation in this State; (b) An adjuster licensed in an adjoining state whose principal place of business is located within 50 miles from the boundary of this State; or (c) An adjuster who is applying for a limited license pursuant to NRS 684A.155. 3. A conviction of, or plea of guilty or nolo contendere by, an applicant or licensee for any crime listed in paragraph (d) of subsection 1 is a sufficient ground for the Commissioner to deny a license to the applicant, or to suspend, revoke or limit the license of an adjuster pursuant to NRS 684A.210. (Added to NRS by 1971, 1662; A 1971, 1939; 1977, 1328; 1997, 3028, 3379; 2005, 2127) NRS 684A.080 Licensing of firm or corporation. 1. A firm or corporation may be licensed either as an independent adjuster or public adjuster. Each general partner and each other natural person to act for the firm, or each natural person to act for the corporation, must be named in the license and must qualify as an individual licensee. A natural person who is authorized to act for a firm or corporation and who also wishes to be licensed in an individual capacity must obtain a separate license in his own name. The Commissioner shall charge a full additional fee for each natural person named in the license. 2. Transaction of business under the license must be within the purposes stated in the firm’s partnership agreement or the corporation’s charter. 3. The licensee shall promptly notify the Commissioner in writing of all changes among its members, directors, officers and other natural persons designated in the license. (Added to NRS by 1971, 1663; A 1985, 1066; 2005, 2128) NRS 684A.090 Application for license; penalty. [Effective until the date of the repeal of the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.] 1. The applicant for a license as an adjuster shall file a written application theref

Vegas Law




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