Indiana Code 27-1-28-6. Independent adjuster
(1) contracts for compensation with insurers or self-insurers to investigate, negotiate, or settle property, casualty, or worker’s compensation claims; and
Terms Used In Indiana Code 27-1-28-6
- Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
- Attorney: includes a counselor or other person authorized to appear and represent a party in an action or special proceeding. See Indiana Code 1-1-4-5
- automated claims adjudication system: means a preprogrammed computer system that:
Indiana Code 27-1-28-3
- independent adjuster: means a person, or an independent contractor or employee of a person, that:
Indiana Code 27-1-28-6
- Insurance: means a contract of insurance or an agreement by which one (1) party, for a consideration, promises to pay money or its equivalent or to do an act valuable to the insured upon the destruction, loss or injury of something in which the other party has a pecuniary interest, or in consideration of a price paid, adequate to the risk, becomes security to the other against loss by certain specified risks; to grant indemnity or security against loss for a consideration. See Indiana Code 27-1-2-3
- insurer: means a company, firm, partnership, association, order, society or system making any kind or kinds of insurance and shall include associations operating as Lloyds, reciprocal or inter-insurers, or individual underwriters. See Indiana Code 27-1-2-3
- person: includes individuals, corporations, associations, and partnerships; personal pronoun includes all genders; the singular includes the plural and the plural includes the singular. See Indiana Code 27-1-2-3
- Property: includes personal and real property. See Indiana Code 1-1-4-5
- United States: includes the District of Columbia and the commonwealths, possessions, states in free association with the United States, and the territories. See Indiana Code 1-1-4-5
(b) The term does not include the following:
(1) An attorney who:
(A) is admitted to practice in Indiana; and
(B) acts in a professional capacity as an attorney.
(2) A person employed solely to do any of the following:
(A) Obtain facts surrounding a claim.
(B) Furnish technical assistance to a licensed independent adjuster.
(3) An individual:
(A) who is an employee of:
(i) an independent adjuster who is licensed under this chapter; or
(ii) an affiliate of an independent adjuster who is licensed under this chapter;
(B) who is supervised by:
(i) an independent adjuster licensed under this chapter; or
(ii) an insurance producer licensed under IC 27-1-15.6;
who supervises not more than twenty-five (25) persons described in this subdivision; and
(C) who is employed solely to:
(i) collect claim information from insureds or claimants;
(ii) furnish claim information to insureds or claimants; or
(iii) perform data entry into an automated claims adjudication system.
(4) An individual who is employed to investigate suspected fraudulent insurance claims, but who does not adjust losses or determine claim payments.
(5) A person that:
(A) performs only executive, administrative, managerial, or clerical duties; and
(B) does not investigate, negotiate, or settle claims with policyholders, claimants, or legal representatives of policyholders or claimants.
(6) A person that settles only reinsurance or subrogation claims.
(7) An officer, director, manager, or employee of an authorized insurer, a managing general agent, a surplus lines insurer, a risk retention group, or an attorney in fact of a reciprocal insurer.
(8) A manager of the United States branch of an alien insurer.
(9) A person that investigates, negotiates, or settles life, accident and health, annuity, or disability insurance claims.
(10) Under a self-insured arrangement, an individual who adjusts claims on behalf of the individual’s employer.
(11) A licensed insurance producer, an attorney in fact of a reciprocal insurer, or a managing general agent of an insurer to whom claim authority has been granted by the insurer.
(12) A person that is authorized to adjust worker’s compensation or disability claims under the authority of a third party administrator.
(13) A person that investigates, negotiates, or settles crop insurance claims.
(14) An individual who:
(A) does not adjust losses or determine claim payments; and
(B) is employed to use a specialized skill possessed by the individual to make a determination:
(i) concerning an element of a claim; and
(ii) that is used by an independent adjuster, or an adjuster who is directly employed by an insurer, in adjusting a loss or determining a claim payment.
As added by P.L.11-2011, SEC.22.