North Carolina General Statutes Chapter 58, Article 33A — Public Adjusters

Article 33A. Public Adjusters. § 58‑33A‑1. Purpose and scope. This Article governs the qualifications and procedures for the licensing of public adjusters. It specifies the duties of and restrictions on public adjusters, which include limiting their licensure to assisting insureds in first‑party claims. (2009‑565, s. 1.) § 58‑33A‑5. Definitions. (1) Business entity. – A corporation, association, partnership, limited liability company, limited liability partnership, or other legal entity. (2) Catastrophic incident. – As defined in the National Response Framework, any natural or man‑made incident, including terrorism, that results in extraordinary levels of mass casualties, damage, or disruption severely affecting the population, infrastructure, environment, economy, national morale, and/or government functions. A catastrophic incident shall be declared by the President of the United States or the Governor of the state or district in which the disaster occurred. If state and local resources are insufficient, the Governor may ask the President of the United States to make such a declaration. (3) Fingerprints. – An impression of the lines on the finger taken for purpose of identification. The impression may be electronic or in ink converted to electronic format. (4) Home state. – The District of Columbia and any state or territory of the United States in which the public adjuster's principal place of residence or principal place of business is located. If neither the state in which the public adjuster maintains the principal place of residence nor the state in which the public adjuster maintains the principal place of business has a substantially similar law governing public adjusters, the public adjuster may declare another state in which it becomes licensed and acts as a public adjuster to be the home state. (5) Individual. – A natural person. (6) Person. – An individual or a business entity. (7) Public adjuster. – Any person who, for compensation or any other thing of value on behalf of the insured, does any of the following: a. Acts or aids, solely in relation to first‑party claims arising under insurance contracts that insure the real or personal property of the insured, on behalf of an insured in negotiating for, or effecting the settlement of, a claim for loss or damage covered by an insurance contract. b. Advertises for employment as a public adjuster of insurance claims or solicits business or represents himself or herself to the public as a public adjuster of first‑party insurance claims for losses or damages arising out of policies of insurance that insure real or personal property. c. Directly or indirectly solicits business, investigates or adjusts losses, or advises an insured about first‑party claims for losses or damages arising out of policies of insurance that insure real or personal property for another person engaged in the business of adjusting losses or damages covered by an insurance policy for the insured. (8) Uniform business entity application. – The current version of the NAIC Uniform Business Entity Application for resident and nonresident business entities. (9) Uniform individual application. – The current version of the NAIC Uniform Individual Application for resident and nonresident individuals. (2009‑565, s. 1.) NC General Statutes - Chapter 58 Article 33A 1 § 58‑33A‑10. License required. (a) A person shall not act or hold himself or herself out as a public adjuster in this State unless the person is licensed as a public adjuster in accordance with this Article. (b) A person licensed as a public adjuster shall not misrepresent to a claimant that he or she is an adjuster representing an insurer in any capacity, including acting as an employee of the insurer or acting as an independent adjuster unless so appointed by an insurer in writing to act on the insurer's behalf for that specific claim or purpose. A licensed public adjuster is prohibited from charging that specific claimant a fee when appointed by the insurer and the appointment is accepted by the public adjuster. (c) A business entity acting as a public adjuster is required to obtain a public adjuster license. Application shall be made using the uniform business entity application. Before approving the application, the Commissioner shall find all of the following: (1) The business entity has paid the fees set forth in G.S. 58‑33‑125. (2) The business entity has designated a licensed public adjuster responsible for the business entity's compliance with the insurance laws and regulations of this State. (d) Notwithstanding subsections (a) through (c) of this section, a license as a public adjuster shall not be required of any of the following: (1) An attorney‑at‑law admitted to practice in this State, when acting in his or her professional capacity as an attorney. (2) A person who negotiates or settles claims arising under a life or health insurance policy or an annuity contract. (3) A person employed only for the purpose of obtaining facts surrounding a loss or furnishing technical assistance to a licensed public adjuster, including photographers, estimators, private investigators, engineers, and handwriting experts. (4) A licensed health care provider, or employee of a licensed health care provider, who prepares or files a health claim form on behalf of a patient.