I 
114TH CONGRESS 
1ST SESSION H. R. 2998 
To reform uniformity and reciprocity among States that license insurance 
claims adjusters and to facilitate prompt and efficient adjusting of insur-
ance claims, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 9, 2015 
Mr. FINCHER (for himself, Mr. STIVERS, Mr. TIBERI, Mr. ROE of Tennessee, 
Mr. FOSTER, Mr. ISRAEL, Mr. ROYCE, and Mrs. BLACKBURN) introduced 
the following bill; which was referred to the Committee on Financial Serv-
ices 
A BILL 
To reform uniformity and reciprocity among States that li-
cense insurance claims adjusters and to facilitate prompt 
and efficient adjusting of insurance claims, and for other 
purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Claims Licensing Ad-
vancement for Interstate Matters Act’’ or the ‘‘CLAIM 
Act’’. 
VerDate Sep 11 2014 
15:52 Jul 11, 2015
Jkt 049200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H2998.IH
H2998
mstockstill on DSK4VPTVN1PROD with BILLS
SEC. 2. STATE FLEXIBILITY IN MULTISTATE ADJUSTER LI-
CENSING REFORMS. 
(a) IN GENERAL.—Section 4 shall take effect upon 
the expiration of the 4-year period beginning on the date 
of the enactment of this Act unless, before the expiration 
of such period, those States that license independent 
claims adjusters have enacted— 
(1) uniform laws and regulations governing the 
licensure of individuals and entities authorized to 
adjust insurance claims within the State; and 
(2) reciprocity laws and regulations governing 
the licensure of nonresident individuals and entities 
authorized to adjust insurance claims within those 
States. 
(b) UNIFORMITY REQUIRED.—States shall be deemed 
to have established the uniformity necessary to comply 
with subsection (a)(1) if the States— 
(1) establish uniform criteria regarding the in-
tegrity, personal qualifications, education, training, 
and experience of licensed independent claims ad-
justers for— 
(A) property and casualty insurance; 
(B) workers compensation insurance; and 
(C) such other lines as a State may choose 
to regulate. 
VerDate Sep 11 2014 
15:52 Jul 11, 2015
Jkt 049200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H2998.IH
H2998
mstockstill on DSK4VPTVN1PROD with BILLS
(2) establish uniform continuing education re-
quirements for licensed independent claims adjusters 
for each line of insurance under paragraph (1) that 
a State chooses to regulate; 
(3) establish uniform ethics course require-
ments for licensed independent claims adjusters in 
conjunction with the continuing education require-
ments under paragraph (2); 
(4) do not impose any requirement upon any 
independent claims adjuster to be licensed or other-
wise qualified to do business as a nonresident that 
has the effect of limiting or conditioning that inde-
pendent claims adjuster’s activities because of its 
residence or place of operations; and 
(5) utilize a uniform license application. 
(c) 
RECIPROCITY
REQUIRED.—States 
shall 
be 
deemed to have established the reciprocity required to 
comply with subsection (a)(2) if the following conditions 
are met: 
(1) 
ADMINISTRATIVE
LICENSING
PROCE-
DURES.—Each State that licenses independent 
claims adjusters permits an independent claims ad-
juster that has a license for adjusting insurance 
claims in their home State to receive a license to ad-
just insurance claims in those other States as a non-
VerDate Sep 11 2014 
15:52 Jul 11, 2015
Jkt 049200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H2998.IH
H2998
mstockstill on DSK4VPTVN1PROD with BILLS
resident to the same extent that such independent 
claims adjuster is permitted to adjust insurance 
claims in their home State without satisfying any 
additional requirements other than submitting— 
(A) a request for licensure utilizing the 
uniform license application; 
(B) a copy of, or evidence of, a valid li-
cense held by the adjuster in their home State 
(unless such information is available in the Na-
tional Insurance Producer Registry Producer 
Database); and 
(C) the payment of any requisite fee to the 
appropriate authority. 
(2) 
CONTINUING
EDUCATION
REQUIRE-
MENTS.—Each State that licenses an independent 
claims adjuster accepts an insurance claims adjust-
er’s satisfaction of their home State’s continuing 
education requirements for licensed insurance claims 
adjusters to satisfy the State’s own continuing edu-
cation requirements. 
(3) NO
LIMITING
NONRESIDENT
REQUIRE-
MENTS.—A State does not impose any requirement 
upon any independent claims adjuster to be licensed 
or otherwise qualified to do business as a non-
resident that has the effect of limiting or condi-
VerDate Sep 11 2014 
15:52 Jul 11, 2015
Jkt 049200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H2998.IH
H2998
mstockstill on DSK4VPTVN1PROD with BILLS
tioning that independent claims adjuster’s activities 
because of its residence or place of operations. 
(4) RECIPROCAL
RECIPROCITY.—Each of the 
States that satisfies paragraphs (1), (2), and (3) 
grants reciprocity to residents of all of the other 
States that satisfy such paragraphs. 
(d) DETERMINATION.— 
(1) DETERMINATION.—A State shall be consid-
ered to be in compliance with subsection (a) for pur-
poses of this Act if the Department of the Treasury, 
Office of General Counsel determines that, before 
the expiration of the 4-year period beginning on the 
date of the enactment of this Act, the State is in 
compliance with the requirements under such sub-
section. 
(2) CONTINUED REVIEW.—With respect to any 
State that the Department of the Treasury, Office 
of General Counsel has determined to be in compli-
ance with the requirements of subsection (a), the 
Department of the Treasury, Office of General 
Counsel shall continue to review and determine such 
State’s compliance with the requirements of sub-
section (a) on an annual basis. If the Department of 
the Treasury, Office of General Counsel determines 
at any time that a State no longer is in compliance 
VerDate Sep 11 2014 
15:52 Jul 11, 2015
Jkt 049200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H2998.IH
H2998
mstockstill on DSK4VPTVN1PROD with BILLS
with the requirements of subsection (a), section 4 
shall apply with respect to such State. 
(3) 
JUDICIAL
REVIEW.—The 
appropriate 
United States District Court shall have exclusive ju-
risdiction over any challenge arising under this sec-
tion. The court shall apply the standards set forth 
in section 706 of title 5, United States Code, in re-
viewing any such challenge. 
SEC. 3. STATE AUTHORITIES. 
Nothing in this Act shall be construed to— 
(1) require a State that does not have licensing 
requirements for independent claims adjusters to 
adopt any such requirements; 
(2) subject to section 2, limit the right of a 
State to establish licensing fees or enforce its laws 
regarding the adjusting of insurance claims, pro-
vided that such State fee is uniform regardless of 
the State of residence of the licensee in that State; 
or 
(3) affect the jurisdiction and authority of a 
State insurance regulator to prescribe and enforce 
its insurance laws, rules, and regulations regulating 
independent claims adjuster activity in its jurisdic-
tion. 
VerDate Sep 11 2014 
15:52 Jul 11, 2015
Jkt 049200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H2998.IH
H2998
mstockstill on DSK4VPTVN1PROD with BILLS
SEC. 4. AUTHORITY FOR INTERSTATE CLAIMS ADJUSTING. 
In the case of any State that requires and issues li-
censes for independent claims adjusters but is not in com-
pliance with section 2, after the expiration of the 4-year 
period beginning on the date of the enactment of this Act, 
an independent claims adjuster may apply to the National 
Association of Agents and Brokers for Membership for the 
purpose of licensure in each such State not in compliance 
with section 2, provided that such independent claims ad-
juster pays the requisite fees, including licensing fees. For 
purposes of this provision, upon such date an independent 
claims adjuster shall be determined to be a person that 
negotiates policies of insurance and offers advice, counsel, 
opinions or services related to insurance, as such terms 
are used in section 334(5) of Public Law 106–102, as 
amended by section 202(a) of Public Law 114–1 (15 
U.S.C. 6764(5); 129 Stat. 27). 
SEC. 5. DEFINITIONS. 
For purposes of this Act, the following definitions 
shall apply: 
(1) HOME STATE.— 
(A) ACTUAL.—The term ‘‘home State’’ 
means, with respect to an independent claims 
adjuster, the State in which the adjuster main-
tains his, her, or its principal place of residence 
VerDate Sep 11 2014 
15:52 Jul 11, 2015
Jkt 049200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H2998.IH
H2998
mstockstill on DSK4VPTVN1PROD with BILLS
or business and is licensed upon having passed 
an exam as an independent claims adjuster. 
(B) DESIGNATED.—If the State in which 
an independent claims adjuster maintains his or 
her principal place of residence or business does 
not issue an independent claims adjuster license 
or require an examination as a condition for 
such licensure for the line or lines of authority 
sought, such term means any other State in 
which the independent claims adjuster is so li-
censed upon having passed an exam and that is 
designated by such adjuster as his or her home 
State. 
(2) INDEPENDENT
CLAIMS
ADJUSTER.—The 
term ‘‘independent claims adjuster’’ means an indi-
vidual, other than a public adjuster, who undertakes 
on behalf of insurers or self-insurers to investigate, 
evaluate, and negotiate the resolution of the amount 
of a property, casualty, liability, disability, or work-
ers’ compensation claim, loss, or damage on behalf 
of an insurance policy or insurer or as a third-party 
on behalf of a self-insurer. Such term includes com-
pany or staff adjusters, who are individuals, other 
than a public adjuster, employed by property cas-
ualty insurers and undertake to investigate, evalu-
VerDate Sep 11 2014 
15:52 Jul 11, 2015
Jkt 049200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H2998.IH
H2998
mstockstill on DSK4VPTVN1PROD with BILLS
ate, and negotiate the resolution of a property, cas-
ualty, liability, disability, or workers’ compensation 
claim, loss, or damage on behalf of an insurance pol-
icy or insurer. 
(3) PUBLIC ADJUSTER.—The term ‘‘public ad-
juster’’ means any person who, for compensation or 
any other thing of value, on behalf of the insured 
acts, aids, advertises, or solicits business to ascer-
tain, determine, negotiate, or settle the amount of a 
claim, loss, or damage, solely in relation to first 
party claims arising under contracts that insure the 
real or personal property of the insured. 
(4) STATE.—The term ‘‘State’’ means the 
States of the United States, the District of Colum-
bia, the Commonwealth of Puerto Rico, the Com-
monwealth of the Northern Mariana Islands, Guam, 
the Virgin Islands, American Samoa, and any other 
territory or possession of the United States. 
(5) STATE
LAW.—The term ‘‘State law’’ in-
cludes all laws, decisions, rules, regulations, or other 
State action of any State having the effect of law; 
and a law of the United States applicable only to the 
District of Columbia shall be treated as a State law 
rather than as a law of the United States. 
Æ 
VerDate Sep 11 2014 
15:52 Jul 11, 2015
Jkt 049200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6301
E:\BILLS\H2998.IH
H2998
mstockstill on DSK4VPTVN1PROD with BILLS