Louisiana Revised Statutes 22:1670 – Nonresident claims adjuster license reciprocity
Terms Used In Louisiana Revised Statutes 22:1670
- Adjuster: means an individual who investigates or adjusts losses on behalf of an insurer as an independent contractor or as an employee of:
(a) An adjustment bureau;
(b) An association;
(c) A property and casualty producer;
(d) An independent contractor;
(e) An insurer; or
(f) A managing general agent. See Louisiana Revised Statutes 22:1661
- Home state: means the District of Columbia and any state or territory of the United States in which the adjuster's principal place of residence or principal place of business is located. See Louisiana Revised Statutes 22:1661
- Individual: means a natural person. See Louisiana Revised Statutes 22:1661
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: means an individual or a business entity. See Louisiana Revised Statutes 22:1661
- Service of process: The service of writs or summonses to the appropriate party.
A. Unless denied licensure pursuant to La. Rev. Stat. 22:1672, a nonresident person may receive a nonresident claims adjuster license upon complying with the following requirements:
(1) The person is currently licensed as a resident claims adjuster, and if an individual has passed a claims adjuster examination, and is in good standing in the home state. If the home state does not require examinations then the individual shall pass the examination provided for in La. Rev. Stat. 22:1668.
(2) The person has submitted the proper fees required by R.S.22:821.
(3) The person has submitted or transmitted to the commissioner of insurance the appropriate completed application for licensure.
(4) The person’s home state awards nonresident claims adjuster licenses to residents of this state on the same basis.
B. The commissioner of insurance may verify the adjuster’s licensing status through the producer database maintained by the National Association of Insurance Commissioners (NAIC), its affiliates, or subsidiaries.
C.(1) The commissioner of insurance shall not issue a license to any nonresident applicant until such applicant has filed forms approved by the commissioner of insurance which designate the commissioner of insurance as his true and lawful agent, upon whom may be served all lawful process in any action, suit, or proceeding instituted by or on behalf of any interested person arising out of the applicant’s business in this state. This designation shall constitute an agreement that such service of process has the same legal force and validity as personal service of process upon the person in the state.
(2) The service of process upon any such licensee in any action or proceeding in any court of competent jurisdiction may be made by a party serving the commissioner of insurance with appropriate copies thereof and the payment to him of a fee as authorized by La. Rev. Stat. 22:821.
(3) The commissioner of insurance shall, within ten days of being served, forward a copy of such process by registered or certified mail, return receipt requested, to the nonresident claims adjuster licensee at his last known address of record or principal place of business, and the commissioner of insurance shall maintain copies of all such processes so served upon him.
(4) The service of process upon any such nonresident claims adjuster licensee in any action or proceeding instituted by the commissioner of insurance under this Part shall be made by the commissioner of insurance by mailing such process by registered or certified mail, return receipt requested, to the licensee at his last known address of record or principal place of business.
D. As a condition to continuation of a nonresident claims adjuster license issued pursuant to this Section, the nonresident claims adjuster licensee shall maintain a resident adjuster license in his home state. The nonresident claims adjuster license issued pursuant to this Section shall terminate and be surrendered immediately to the commissioner of insurance if the home state claims adjuster license terminates for any reason, unless the claims adjuster has been issued a license as a resident claims adjuster in their new home state and the new home state awards nonresident claims adjuster licenses to residents of this state on the same basis. Notification to the state or states where a nonresident license is issued shall be made as soon as possible, yet no later than thirty days of change in the new state resident license. The licensee shall include his current and prior address.
Acts 2006, No. 783, §1, eff. Jan. 1, 2007; Redesignated from La. Rev. Stat. 22:1210.80 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009; Acts 2011, No. 94, §1, eff. Jan. 1, 2012.