Montana Code 33-17-301. Adjuster license — qualifications — catastrophe adjustments — education and examination exemption
33-17-301. Adjuster license — qualifications — catastrophe adjustments — education and examination exemption. (1) A person may not act as or purport to be an adjuster in this state unless the person holds an adjuster license. A person shall apply to the commissioner for an adjuster license in a form approved by the commissioner. The commissioner shall issue the license to persons qualified to be licensed under this section.
Terms Used In Montana Code 33-17-301
- Adjuster: means a person who, on behalf of the insurer, for compensation as an independent contractor or as the employee of an independent contractor or for a fee or commission investigates and negotiates the settlement of claims arising under insurance contracts or otherwise acts on behalf of the insurer. See Montana Code 33-17-102
- Adjuster license: means a document issued by the commissioner that authorizes a person to act as an adjuster or a public adjuster. See Montana Code 33-17-102
- Business entity: means a corporation, association, partnership, limited liability company, limited liability partnership, or other legal entity. See Montana Code 33-17-102
- Customary: means according to usage. See Montana Code 1-1-206
- Home state: means the District of Columbia or any state or territory of the United States in which a person licensed under this chapter maintains a principal place of residence or a principal place of business. See Montana Code 33-17-102
- Individual: means a natural person. See Montana Code 33-17-102
- Lapse: means the expiration of the license for failure to renew by the biennial renewal date. See Montana Code 33-17-102
- License: means a document issued by the commissioner that authorizes a person to act as an insurance producer for the lines of authority specified in the document. See Montana Code 33-17-102
- Person: means an individual or a business entity. See Montana Code 33-17-102
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
- Usual: means according to usage. See Montana Code 1-1-206
(2)To be licensed as an individual adjuster, the applicant:
(a)must be an individual 18 years of age or older;
(b)(i) must be a resident of Montana or a resident of another state that permits residents of Montana regularly to act as adjusters in the other state; or
(ii)if not a resident of this state, shall designate a home state in which the adjuster does not maintain a place of business or residence if:
(A)the adjuster’s principal state of business or residence does not offer adjuster licensure; and
(B)the adjuster qualifies for the license as if the adjuster were a resident of the designated home state;
(c)except as provided in subsection (4), shall pass an adjuster licensing examination as prescribed by the commissioner and pay the fee pursuant to 33-2-708;
(d)must be trustworthy and of good character and reputation;
(e)shall submit to a licensing background examination that meets the requirements provided in 33-17-220; and
(f)shall maintain in this state an office accessible to the public and shall keep in the office for not less than 5 years the usual and customary records pertaining to transactions under the license. This provision does not prohibit maintenance of the office in the home of the licensee.
(3)A business entity, whether or not organized under the laws of this state, may be licensed under this section if each individual who is to exercise the license powers is separately licensed or is named in the business entity license and is qualified for an individual license under this section.
(4)(a) Subject to the provisions of subsection (4)(b), an individual who applies for a nonresident license under this section in this state and who was previously licensed in another state may not be required to complete any prelicensing education or examination requirements.
(b)The exemption in subsection (4)(a) is available only if the individual is currently licensed in the other state or the individual’s application is received within 90 days of the cancellation of the individual’s previous license and the other state issues a certification or the state’s database records indicate that, at the time of the cancellation, the individual was in good standing in that state.
(5)An adjuster license or qualifications are not required for an adjuster who is sent into this state by and on behalf of an insurer or adjusting business entity for the purpose of investigating or making adjustments of a particular loss under an insurance policy or for the adjustment of a series of losses resulting from a catastrophe common to all losses.
(6)A license issued under this section continues in force until lapsed, suspended, revoked, or terminated. The licensee shall renew the license by the biennial renewal date and pay the appropriate fee or the license will lapse. The biennial fee is established pursuant to 33-2-708.
(7)For purposes of this section, “adjuster” includes adjusters and public adjusters as defined in 33-17-102.