AB 12 — Makes various changes relating to insurance adjusters. (BDR 57-465)

(d) A(1) salariedInvestigates,ee employeeonegotiateser of[;or, anunlsettles insureremworkers’ [;]compensation ,claims; unless the employee:

(1) Investigates, negotiates or settles workers’ compensation claims;

(f) An employee of an independent adjuster or an employee of an affiliate of an independent adjuster who is one of not more than 25 such employees under the supervision of an independent adjuster or licensed agent and who:

(j) A person who is employed to investigate suspected fraudulent insurance claims [for coverage arising under an insurance contract] but who does not adjust losses or determine the payment of claims;

- *AB12_R1* – 6 – (k) A person who performs only executive, administrative, managerial or clerical duties, or any combination thereof, but does not investigate , negotiate or settle claims [for coverage arising under an insurance contract;] with a policyholder or claimant or the legal representative of a policyholder or claimant;

- 79th Session (2017) – 6 – (n) A person who settles only reinsurance or subrogation claims;

[or] (q) A manager of a branch office of an alien insurer that is locatedloc(r) inA person authorized to adjust claims under the Unitedauthority Statesof [,]a ;third-party administrator who holds a certificate of registration issued by the Commissioner pursuant to NRS 683A.08524, unless the person investigates, negotiates or settles workers’ compensation claims, ¬ is not considered an adjuster.

or (r) A person authorized to adjust claims under the authority of a third-party administrator who holds a certificate of registration issued by the Commissioner pursuant to NRS 683A.08524, unless the person investigates, negotiates or settles workers’ compensation claims, ¬ is not considered an adjuster.

684A.030is 1.representing the interests of an insurer or a self-insurer [.] and who:

“Independent(a) adjuster”Contracts meansfor ancompensation adjusterwith whothe isinsurer representingor theself-insurer interestsas of an insurerindependent contractor or aan self-insureremployee [.]of andan who:independent contractor;

- *AB12_R1* – 7 – (a) Contracts for compensation with the insurer or self-insurer as an independent contractor or an employee of an independent contractor;

“Public adjuster” means an adjuster employed by and representing solely the financial interests of the insured named in - 79th Session (2017) – 7 – the policy.

(a) Investigates, negotiates or settles workers’ compensation claims;

andandstigates, negotiates or settles workers’ compensation (b) Obtains a license pursuant to this chapter.

[A] Except as otherwise provided in NRS 684A.060, 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.vio4.tioA salaried employee of an insurer who investigates, negotiates or settles workers’ compensation claims may, but is not required to, obtain a license as a company adjuster pursuant to this chapter.

4.

A salaried employee of an insurer who investigates, negotiates or settles workers’ compensation claims may, but is not required to, obtain a license as a company adjuster pursuant to this chapter.

- *AB12_R1* – 8 – Sec.

- 79th Session (2017) – 8 – 2.

684A.055 No person who is engaged in the business of repairing the bodies of automobiles may:

in the business of 1.

The Commissioner, by regulation, shall establish standards and procedures to allow for the temporary emergency licensurelic4.surAn ofindividual who is not already licensed in this State but who is otherwise qualified to adjust claims may act as an emergency adjuster and adjust claims if, within 5 days after deploying the individual to adjust claims arising from the catastrophe, the insurer notifies the Commissioner by providing the following information in thisa State.format prescribed by the Commissioner:

4.

An individual who is not already licensed in this State but who is otherwise qualified to adjust claims may act as an emergency adjuster and adjust claims if, within 5 days after deploying the individual to adjust claims arising from the catastrophe, the insurer notifies the Commissioner by providing the following information in a format prescribed by the Commissioner:

- *AB12_R1* – 9 – (b) The social security number of the individual;

and - 79th Session (2017) – 9 – (g) Any other information the Commissioner deems necessary.

6.Commissioner may not issue a temporary emergency licensehe except in compliance with the provisions of this chapter.

For the protection of the people of this State, the Commissioner may not issue a temporary emergency license except in compliance with the provisions of this chapter.

(b)(c) Be eligiblecompetent, totrustworthy, declarefinancially thisresponsible Stateand asofe; his or her home state;

(c) Be competent, trustworthy, financially responsible and of good reputation [;

- *AB12_R1* – 10 – (e) Except as otherwise provided in subsection 4, never have committed any act that is a ground for refusal to issue, suspension or revocation of a license pursuant to NRS 683A.451;

(f) Unless exempted pursuant to NRS 684A.100 or 684A.105, successfully complete a prelicensing course of study prescribed by - 79th Session (2017) – 10 – the Commissioner by regulation and pass all examinations required under this chapter;

and [(e)] (g) Not be concurrently licensed as a producer of insurance for property, casualty or surety or a surplus lines broker, except as a bailbai2.ageA agent.natural person who is a resident of this State applying for a license must, as part of his or her application and at the applicant’s own expense:

2.

A natural person who is a resident of this State applying for a license must, as part of his or her application and at the applicant’s own expense:

(a) Unless the applicant’s fingerprints are directly forwarded pursuant to subparagraph (2) of paragraph (b) of subsection 2,2,ded submit those fingerprints to the Central Repository for submission to the Federal Bureau of Investigation and to such other law enforcement agencies as the Commissioner deems necessary;

[A conviction of, or plea of guilty, guilty but mentally ill or nolo contendere by, an applicant or licensee for any crime listed in - *AB12_R1* – 11 – paragraph (c) 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 - 79th Session (2017) – 11 – NRS 684A.210.] The Commissioner may waive the requirements of paragraph (d) or (e) of subsection 1 for good cause shown.

For the purposes of paragraph (f) of subsection 1, the Commissioner shall adopt regulations establishing a prelicensing coursecouSec. of study for an adjuster.

Sec.19.tudNRS 684A.080 is hereby amended to read as follows:

19.

NRS 684A.080 is hereby amended to read as follows:

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.] pursuant totoand subsection 1 or NRS 684A.090.

- *AB12_R1* – 12 – 2.

- 79th Session (2017) – 12 – 3.

(a) A completed copy of the Uniform Business Entity Application;App(b) The name of each member , [of the firm or each] officer and director of the [corporation;] business entity, as applicable;

(b) The name of each member , [of the firm or each] officer and director of the [corporation;] business entity, as applicable;

and [(c)] (d) The name of any other individual who owns more than 10 percent of the outstanding voting securities of the applicant.

The application must be accompanied by the applicable license fee as specified in NRS 680B.010 and subsection 2 of NRS 684A.050 and, in addition to any other fee or charge, all applicable fees required pursuant to NRS 680C.110 [.] and subsection 2 of NRS 684A.050.

If the Commissioner determines that the information contained in a Uniform Individual Application or Uniform Business Entity Application submitted with an application pursuant to this section is not true, correct and complete to the best of the applicant’s knowledge and belief, the Commissioner may refuse to issue a license to the applicant or suspend or revoke the applicant’s license.

and - *AB12_R1* – 13 – [(c)] (3) Is currently licensed and in good standing in the person’s home state as an adjuster;

or - 79th Session (2017) – 13 – [2.] (b) The adjuster was licensed in this State as the same type of adjuster within the 24-month period immediately preceding the date of the application, unless the previous license was revoked or suspended or its continuation was refused by the Commissioner.

2.to NRS 684A.090 is exempt from taking the examination requireduant by NRS 684A.100 if the person:

A person who applies for a license as an adjuster pursuant to NRS 684A.090 is exempt from taking the examination required by NRS 684A.100 if the person:

In order to assist in the performance of the Commissioner’s duties, the Commissioner may contract with any nongovernmental entity, including, without limitation, the National Association of Insurance Commissioners or its affiliates or subsidiaries, to perform any ministerial function, including,including,s without limitation, the collection of fees and data, relating to licensing, that the Commissioner deems appropriate.

- *AB12_R1*79th Session (2017) – 14 – 2.

(a) A fee for renewal of 150 percent of all applicable fees otherwise required, except for any fee required pursuant to NRS 680C.110 [;] and subsection 2 of NRS 684A,050;684A.050;

[(b)] (c) A statement of any fee, commission or other compensation received or to be received by the adjuster on account of 3.ch The adjuster shall make such investigationrecords oravailable adjustment.for examination by the Commissioner at all times, and shall retain the records for at least 3 years.

3.

The adjuster shall make such records available for examination by the Commissioner at all times, and shall retain the records for at least 3 years.

- 79th Session (2017) – 15 – (b) For any applicable cause for revocation of the license of a producer of insurance under NRS 683A.451;

or - *AB12_R1* – 15 – (c) If the licensee has for compensation represented or attempted to represent both the insurer and the insured in the same transaction.

2.suspended, revoked, limited or continuation refused for any causey be which relates to any individual designated [in or] with respect to the license to exercise its powers.

The license of a [firm or corporation] business entity may be suspended, revoked, limited or continuation refused for any cause which relates to any individual designated [in or] with respect to the license to exercise its powers.

H~~~~~ 17 - *AB12_R1*79th Session (2017)