K.S.A. § 40-5502 — KS Code / Chapter 40 / Article 55 / Section 40-5502
40-5502 - Definitions.
Status: in_force

40-5502. Definitions. As used in K.S.A. 40-5501 through 40-5519, and amendments thereto:

(a) "Applicant" means a person who has submitted an application to become a licensed public adjuster in accordance with this act.

(b) "Business entity" means a corporation, association, partnership, limited liability company, limited liability partnership or other legal entity.

(c) "Catastrophic disaster" means, according to the federal response plan, an event:

(1) Declared by the president of the United States or governor of Kansas;

(2) results in large numbers of deaths and injuries;

(3) causes extensive damage or destruction of facilities that provide and sustain human needs;

(4) produces an overwhelming demand on state and local response resources and mechanisms;

(5) causes a severe long-term effect on general economic activity; and

(6) severely affects state, local and private sector capabilities to begin and sustain response activities.

(d) "Commissioner" means the state commissioner of insurance.

(e) "FBI" means the federal bureau of investigation.

(f) "Fingerprint" means an impression of the lines on a finger taken for purpose of identification. The impression may be electronic or in ink converted to electronic format.

(g) "Home state" means the District of Columbia and any state or territory of the United States in which a 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 law governing public adjusters substantially similar to this act, the public adjuster may declare another state in which it becomes licensed and acts as a public adjuster to be the home state.

(h) "KBI" means the Kansas bureau of investigation.

(i) "Licensed public adjuster" means a public adjuster licensed in accordance with this act.

(j) "NAIC" means the national association of insurance commissioners and its affiliates and subsidiaries.

(k) "Person" means an individual or a business entity.

(l) "Public adjuster" means any individual who:

(1) For compensation or any other thing of value, and solely in relation to first party claims arising under insurance claims or contracts that insure the real or personal property of the insured, aids or acts on behalf of an insured in negotiating for, or effecting the settlement of, a claim for loss or damage covered by and limited to commercial lines insurance contracts;

(2) advertises for employment as a public adjuster of insurance claims or directly or indirectly solicits business or represents to the public that such person is a public adjuster of first party insurance claims for losses or damages to real or personal property covered by and limited to commercial lines insurance contracts; or

(3) for compensation or any other thing of value, investigates or adjusts losses or advises an insured about first party claims for losses or damages to real or personal property of the insured covered by and limited to commercial lines insurance contracts, for another person engaged in the business of adjusting losses or damages covered by and limited to commercial lines insurance contracts.

(m) "Uniform individual application" means the current version of the NAIC uniform individual application for resident and nonresident individuals.

(n) "Uniform business entity application" means the current version of the NAIC uniform business entity application for resident and nonresident business entities.