reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 27. Insurance › Article 1. Department of Insurance › Chapter 27. Public Adjusters › 27-1-27-4. Certificates of Authority; Application; Renewal; Surety Bond

Sec. 4. (a) Each applicant for a certificate of authority as a public adjuster shall file with the commissioner of insurance an application therefor on forms furnished by the commissioner of insurance, which application shall set forth:
(1) the name and address of the applicant, and if the applicant be a corporation, the name and address of each of its officers and directors;
(2) whether the person is applying as a resident or nonresident;
(3) whether any license or certificate of authority as insurance producer, broker, public adjuster, or independent adjuster has been issued previously by the commissioner of insurance of the state of Indiana or by the insurance department of any other state, any territorial possession of the United States, or any foreign country to the applicant; and
(4) the business or employment in which the applicant has been engaged for the five (5) years next preceding the date of the application, and the name and address of such business and the name or names and addresses of the applicant's employer or employers.
(b) An application for any certificate of authority must be signed and verified under oath by the applicant.
(c) An annual fee of fifty dollars ($50) is to be paid to the commissioner of insurance by the applicant for such public adjuster's certificate of authority before the application or annual renewal thereof is granted. However, the commissioner may, by rule adopted under IC 4-22-2, change the amount of the fee to an amount necessary to pay all of the direct and indirect costs of administering this chapter. Fees collected shall be used by the department to administer this chapter.
(d) Every public adjuster's certificate of authority shall expire on December 31 of the calendar year in which the same shall have been issued, but if an application for the renewal of such certificate shall have been filed with the commissioner of insurance before January 1 of any year, the certificate of authority sought to be renewed shall continue in full force and effect until the issuance by the commissioner of insurance of the new certificate applied for or until five (5) days after the commissioner of insurance shall have refused to issue such new certificate and shall have served notice of such refusal on the applicant therefor. Service of such notice shall be made by registered mail directed to the applicant at the place of business specified in the application.
(e) The applicant shall file with the commissioner of insurance a surety bond in a sum equal to ten thousand dollars ($10,000) payable to the state of Indiana and conditioned on the principal's faithful performance and discharge of the principal's duties under this title and under any rule of the department of insurance. The bond must be renewed annually.
As added by P.L.257-1983, SEC.1. Amended by P.L.178-2003, SEC.29.
2023 Indiana Code › Title 27. Insurance › Article 1. Department of Insurance › Chapter 27. Public Adjusters › 27-1-27-5. Nonresident Applicants; Service of Process Designation

Sec. 5. (a) The commissioner may not issue a certificate of authority to a nonresident applicant until that nonresident files with the commissioner, in a form prescribed by the commissioner, a designation of an individual resident of Indiana, a corporate resident of Indiana, or an authorized Indiana insurer as the nonresident applicant's legal representative upon whom may be served all lawful process in any action, suit, or proceeding:
(1) instituted by or on behalf of an interested person; and
(2) arising out of the nonresident applicant's public adjuster's insurance business.
(b) The designation required by subsection (a) constitutes an agreement that service of process upon the nonresident applicant's legal representative is of the same legal force and validity as personal service of process upon an Indiana resident.
(c) Service upon a nonresident may be made by serving the nonresident applicant's legal representative with an appropriate number of copies of the process.
(d) The nonresident applicant's legal representative shall forward a copy of the process by registered mail to the nonresident at his last known address of record or principal place of business, keeping a record of such process and service.
(e) Service of process is sufficient as long as notice of the service and a copy of the process are sent not more than ten (10) days after the nonresident applicant's legal representative received the service of process on behalf of the nonresident.
(f) Service of process upon a nonresident in any action instituted by the commissioner under this chapter shall be made by the commissioner by mailing the process to the nonresident applicant's legal representative or the nonresident by registered mail at his last known address of record or principal place of business.
As added by P.L.257-1983, SEC.1. Amended by P.L.31-1988, SEC.15; P.L.130-1994, SEC.33; P.L.116-1994, SEC.43; P.L.268-1999, SEC.14.
2023 Indiana Code › Title 27. Insurance › Article 1. Department of Insurance › Chapter 27. Public Adjusters › 27-1-27-6. Examination Requirement; Exception

Sec. 6. (a) The commissioner of insurance shall, in order to determine the competency of an applicant for a certificate of authority to act as a public adjuster, require such applicant to submit to a written examination, except such applicants who shall be entitled to such certificate without the examination as provided in this chapter. Such examinations shall be held in such place in the state of Indiana and at such time as the commissioner of insurance may designate. The examination as described in this section shall include such questions which, at the discretion of the commissioner, will properly test the applicant's knowledge and competency to engage in the adjustment of claims of an insured to include, but not be limited to the following areas:
(1) The Indiana insurance law, IC 27.
(2) Inventory and appraisal procedures.
(3) Building construction.
(4) Standard fire policy.
(5) Insurance contracts related to claims on real or personal property.
(6) Insurance coverage questions regarding business interruption, improvements and betterments, replacement cost coverage, concurrent and noncurrent apportionment, coinsurance, and contribution.
(b) The commissioner of insurance may issue a public adjuster's certificate of authority without examination to any individual or corporation who, or which, has transacted the business of adjusting, as a public adjuster, losses covered by policies of insurance within Indiana as his or its principal occupation or business for a period of at least one (1) year immediately preceding the date of application for such certificate of authority, and who, or which, the commissioner determines to be competent to act as a public adjuster. Examination shall not be required for an applicant for renewal of a certificate of authority in effect at the date the application for renewal thereof is filed.
As added by P.L.257-1983, SEC.1.
2023 Indiana Code › Title 27. Insurance › Article 1. Department of Insurance › Chapter 27. Public Adjusters › 27-1-27-7.1. Violations; Penalties; Notice and Hearing

Sec. 7.1. (a) The insurance commissioner:
(1) may:
(A) suspend;
(B) revoke; or
(C) refuse to issue or renew;
a public adjuster's certificate of authority; or
(2) may place a public adjuster on probation;
for a cause set forth in subsection (b).
(b) A public adjuster is subject to the penalties set forth in subsection (a) for any of the following:
(1) Providing incorrect, misleading, incomplete, or materially untrue information in an application for a certificate of authority.
(2) Violating an insurance law, a subpoena, or an order of the commissioner or another state's insurance commissioner.
(3) Obtaining or attempting to obtain a certificate of authority through misrepresentation or fraud.
(4) Improperly withholding, misappropriating, or converting money or property received in the course of doing insurance business.
(5) Intentionally misrepresenting the terms of an actual or proposed insurance contract or application for insurance.
(6) Having been convicted of a felony.
(7) Having admitted or been found to have committed any unfair trade practice or fraud in the business of insurance.
(8) Using fraudulent, coercive, or dishonest practices, or demonstrating incompetence, untrustworthiness, or financial irresponsibility, in the conduct of insurance business.
(9) Having an insurance license, or the equivalent of an insurance license, probated, suspended, revoked, or refused in another state, province, district, or territory.
(10) Forging another person's name to a document related to an insurance transaction.
(11) Cheating, including improperly using notes or any other reference material, to complete an examination for an insurance license.
(12) Failing to comply with an administrative or court order imposing a child support obligation.
(13) Failing to pay state income tax or failing to comply with an administrative or court order directing payment of state income tax.
(14) Committing a violation of section 1.5, sections 12 through 17, section 19, or section 20 of this chapter.
(c) If the commissioner refuses an application for a certificate of authority to act as a public adjuster or for the renewal of an existing certificate of authority under this chapter, the commissioner shall notify the applicant or certificate holder in writing, advising of the reason for the refusal. The applicant or certificate holder may, not more than thirty (30) days after receiving the commissioner's notice of refusal, make written demand upon the commissioner for a hearing to determine the reasonableness of the refusal. The hearing must be held under IC 4-21.5 not more than twenty (20) days after the commissioner receives the applicant's or certificate holder's written demand.
As added by P.L.146-2015, SEC.27. Amended by P.L.226-2023, SEC.6.
2023 Indiana Code › Title 27. Insurance › Article 1. Department of Insurance › Chapter 27. Public Adjusters › 27-1-27-7.2. Nonresident Public Adjuster Certificate of Authority

Sec. 7.2. (a) Notwithstanding any other provision of this chapter, a nonresident public adjuster who receives a certificate of authority under this chapter shall maintain licensure as a public adjuster in good standing in the nonresident public adjuster's home state.
(b) If a nonresident public adjuster fails to maintain licensure in good standing in the nonresident public adjuster's home state, the commissioner may:
(1) in the commissioner's sole discretion;
(2) without a hearing; and
(3) in addition to any other sanction allowed by law;
suspend any Indiana insurance producer license or certificate of authority held by the nonresident public adjuster until the commissioner receives notice from the nonresident public adjuster's home state that the home state license is in effect.
As added by P.L.72-2016, SEC.16.
2023 Indiana Code › Title 27. Insurance › Article 1. Department of Insurance › Chapter 27. Public Adjusters › 27-1-27-8. Professional Standards; Adoption

Sec. 8. The commissioner of insurance shall, in the manner prescribed by IC 4-22-2, adopt standards for the competent practice of public adjusting appropriate to establish and maintain a high standard of integrity and dignity in the profession of public adjusting.
As added by P.L.257-1983, SEC.1.
2023 Indiana Code › Title 27. Insurance › Article 1. Department of Insurance › Chapter 27. Public Adjusters › 27-1-27-9. Practice of Law Prohibited

Sec. 9. A public adjuster may not:
(1) engage in the practice of law;
(2) deal directly with any claimant represented by an attorney at law without the consent of the attorney;
(3) advise a claimant to refrain from seeking legal advice or retaining counsel; or
(4) in the case where legal counsel is desired by claimants, advise the retention of specific attorneys or law firms.
As added by P.L.257-1983, SEC.1.
2023 Indiana Code › Title 27. Insurance › Article 1. Department of Insurance › Chapter 27. Public Adjusters › 27-1-27-10. Validity of Resident Certificates of Authority

Sec. 10. A resident certificate of authority issued to a person claiming residency is void if that person:
(1) holds a resident certificate of authority issued by another state;
(2) makes application for a resident certificate of authority from another state; or
(3) ceases to be a resident of Indiana.
As added by P.L.257-1983, SEC.1.
2023 Indiana Code › Title 27. Insurance › Article 1. Department of Insurance › Chapter 27. Public Adjusters › 27-1-27-11. Violations

Sec. 11. (a) A person who adjusts an insurance loss without having obtained the required certificate of authority or who adjusts an insurance loss after his certificate of authority has been cancelled, suspended, or revoked by the commissioner of insurance commits a Class B infraction.
(b) A person who makes any false statement pertaining to any matter or thing required by this chapter to be made commits a Class B infraction.
(c) A contract or agreement for compensation or services made between any insured and a public adjuster for any loss suffered by the insured which occurred in Indiana is void unless the public adjuster, at the time of the making of the contract or agreement, has a certificate of authority issued by the commissioner of insurance under this chapter.
(d) This section does not limit the authority of the commissioner of insurance to suspend, revoke, place on probation, or refuse to issue a certificate of authority.
As added by P.L.257-1983, SEC.1.
2023 Indiana Code › Title 27. Insurance › Article 1. Department of Insurance › Chapter 27. Public Adjusters › 27-1-27-12. Disclosure by Public Adjuster of Financial Interests

Sec. 12. (a) Before entering into a contract with an insured, a public adjuster shall provide to the insured a written disclosure concerning any direct or indirect financial interest that the public adjuster has with any other party that is or will be involved in any aspect of the insured's claim, other than by receiving a salary, fee, commission, or other consideration that will be established in the written contract with the insured.
(b) The direct or indirect financial interests that a public adjuster must disclose to an insured under subsection (a) includes any ownership by the public adjuster of, or any compensation that the public adjuster can expect to be received from, any:
(1) construction firm;
(2) salvage firm;
(3) lawyer or law firm;
(4) building appraisal firm; or
(5) board up company;
or any other firm that provides estimates for work, or performs any work in conjunction with the insured loss to which the contract between the public adjuster and the insured applies.
As added by P.L.226-2023, SEC.7.
2023 Indiana Code › Title 27. Insurance › Article 1. Department of Insurance › Chapter 27. Public Adjusters › 27-1-27-13. Written Contract Between Public Adjuster and Insured; Copy to Insurer

Sec. 13. (a) A public adjuster shall not provide services, other than emergency services, to an insured until:
(1) a written contract between the public adjuster and the insured has been executed; and
(2) an exact copy of the contract has been provided to:
(A) the insurer with which the insured has filed or intends to file a claim; or
(B) a representative of the insurer described in clause (A) who is authorized to receive a notice of loss or damage on the insurer's behalf.
(b) A contract between a public adjuster and an insured:
(1) must be in writing; and
(2) must be prepared on a form filed with and approved by the insurance commissioner; and
(3) must be executed in duplicate.
(c) One (1) original form of a contract executed under subsection (b)(3) must be provided to the insured and one (1) original form of the contract may be retained by the public adjuster.
(d) A public adjuster may use electronic mail to provide the exact copy of a contract to an insurer under subsection (a)(2).
(e) The original contract retained by the public adjuster under subsection (c) must be available at all times, without prior notice, for inspection by the insurance commissioner.
As added by P.L.226-2023, SEC.8.
2023 Indiana Code › Title 27. Insurance › Article 1. Department of Insurance › Chapter 27. Public Adjusters › 27-1-27-14. Disclosure Document to Be Provided Before Contract Is Entered Into

Sec. 14. (a) Before an insured enters into a contract with a public adjuster, the public adjuster shall provide to the insured a separate signed and dated disclosure document that states the following:
"Property insurance policies obligate the insured to present a claim to his or her insurer for the insurer's consideration. There are three (3) types of adjusters that could be involved in that process. Here are definitions of the three (3) types of adjusters:
"Company adjuster" means an insurance adjuster who is an employee of an insurer, who represents the interests of the insurer, and who is paid by the insurer. A company adjuster will not charge the insured a fee.
"Independent adjuster" means an insurance adjuster who is hired on a contract basis by an insurer to represent the insurer's interest in the settlement of a claim and who is paid by the insurer. An independent adjuster will not charge the insured a fee.
"Public adjuster" means an insurance adjuster who does not work for any insurer. A public adjuster represents the insured to assist in the preparation, presentation, and settlement of the insured's claim. The insured hires a public adjuster by signing a contract under which the insured agrees to pay the public adjuster a fee or commission based on a percentage of the amount paid by the insurer in settlement of the insured's claim or based on some other method of compensation.".
As added by P.L.226-2023, SEC.9.
2023 Indiana Code › Title 27. Insurance › Article 1. Department of Insurance › Chapter 27. Public Adjusters › 27-1-27-15. Prohibited Contract Provisions

Sec. 15. (a) A contract between a public adjuster and an insured may not contain any of the following:
(1) If the public adjuster is to receive as compensation a percentage of the total amount paid by the insurer to resolve the insured's claim, a contract term that would:
(A) allow the public adjuster to collect a fee when the insurer has not yet paid any of the money that is due from the insurer; or
(B) allow the public adjuster to collect the public adjuster's entire compensation from the first payment by the insurer if the insurer will pay the total amount to resolve the insured's claim in two (2) or more payments.
(2) A contract term that would require the insured to authorize an insurer to issue a check only in the name of the public adjuster.
(3) A contract term that would preclude the public adjuster or the insured from pursuing civil remedies.
(4) A contract term that would preclude the public adjuster's liability to the insured for the public adjuster's negligence.
(5) A contract term that would allow the public adjuster to perform the role of roofing contractor, appraiser, or any role other than that of rendering advice or assistance to the insured in the adjustment of a claim.
(6) A contract term that would give the public adjuster power of attorney to act in the place of and instead of the insured.
As added by P.L.226-2023, SEC.10.
2023 Indiana Code › Title 27. Insurance › Article 1. Department of Insurance › Chapter 27. Public Adjusters › 27-1-27-16. Contents Required in Contract Between Public Adjuster and Insured

Sec. 16. (a) A public adjuster shall ensure that a contract between the public adjuster and an insured is in writing and contains the following:
(1) The legible full name of the public adjuster entering into the contract, as specified in the records of the department.
(2) The permanent home state business address, electronic mail address, and phone number of the public adjuster.
(3) The number of the certificate of authority issued to the public adjuster under section 3 of this chapter.
(4) The title "Public Adjuster Contract" printed prominently at the top of the first page of the contract.
(5) The:
(A) full name and street address of the insured; and
(B) the name of the insurance company by which the insured is covered and the policy number of the policy under which the insured is covered, if known.
(6) A description of the loss and the location of the loss, if applicable.
(7) A description of services to be provided by the public adjuster to the insured under the contract.
(8) The signatures of:
(A) the public adjuster or the public adjuster's authorized representative; and
(B) the insured.
(9) The date and time when the contract was signed by the public adjuster and the date and time when the contract was signed by the insured.
(10) Attestation language stating that the public adjuster is fully bonded under Indiana law.
(11) A statement of the full salary, fee, commission, compensation, or other consideration the public adjuster is to receive for services to be provided under the contract.
(b) A contract between the public adjuster and an insured may specify that the public adjuster is to be named as a co-payee on an insurer's payment of a claim.
(c) If a public adjuster's compensation under a contract between the public adjuster and an insured is to be based on a share of the total amount paid by the insurer to resolve the insured's claim, the contract must specify the exact percentage of the total amount paid by the insurer that is the public adjuster's share.
(d) If, under a contract between a public adjuster and an insured, the public adjuster's expenses are to be reimbursed to the public adjuster from the proceeds of the claim payment, the contract:
(1) must specify the public adjuster's expenses that are to be reimbursed, setting forth:
(A) each type of expense to be reimbursed; and
(B) dollar estimates of the amount to be reimbursed; and
(2) must provide that the public adjuster will not be reimbursed for any expenses other than those specified under subdivision (1) unless those expenses are first approved by the insured.
(e) The provisions of a contract between a public adjuster and an insured pertaining to the compensation of the public adjuster shall not be redacted in any copy of the contract that is provided to the insurance commissioner.
As added by P.L.226-2023, SEC.11.
2023 Indiana Code › Title 27. Insurance › Article 1. Department of Insurance › Chapter 27. Public Adjusters › 27-1-27-17. Principles Applying to Public Adjuster Contracts

Sec. 17. The following apply to a contract between an insured and a public adjuster:
(1) An insured is not required to hire a public adjuster to help the insured meet the insured's obligations under a policy, but has a right to do so.
(2) The public adjuster is not a representative or employee of the insurer.
(3) The salary, fee, commission, or other consideration to be paid to the public adjuster is the obligation of the insured, not of the insurer, except when the insured has assigned the insured's rights to the public adjuster.
As added by P.L.226-2023, SEC.12.
2023 Indiana Code › Title 27. Insurance › Article 1. Department of Insurance › Chapter 27. Public Adjusters › 27-1-27-18. If Insurer Pays Policy Limit Within Five Business Days

Sec. 18. (a) This section applies notwithstanding the terms of a written contract between an insured and a public adjuster.
(b) If the insurer, not more than five (5) business days after the date on which the insured's loss is reported to the insurer, either pays or commits in writing to pay to the insured the policy limit of the insurance policy covering the insured:
(1) the public adjuster shall not receive a commission consisting of or based on a percentage of the total amount paid by the insurer to resolve the claim of the insured;
(2) the public adjuster shall inform the insured that the loss recovery amount might not be increased by the insurer; and
(3) the public adjuster is entitled only to reasonable compensation from the insured for services provided by the public adjuster on behalf of the insured, based on:
(A) the time spent by the public adjuster on the claim; and
(B) the expenses incurred by the public adjuster before the claim is paid or the insured receives a written commitment from the insurer to pay the claim.
As added by P.L.226-2023, SEC.13.
2023 Indiana Code › Title 27. Insurance › Article 1. Department of Insurance › Chapter 27. Public Adjusters › 27-1-27-19. Public Adjuster Contract Voidable

Sec. 19. (a) A contract between a public adjuster and an insured is voidable at the option of the insured at any time not more than three (3) business days after the day on which the insurer is provided a copy of the contract under section 13(a)(2) of this chapter.
(b) An insured may void a contract with a public adjuster by notifying the public adjuster in writing of the insured's decision to void the contract. The written notification must be transmitted to the public adjuster by:
(1) registered or certified mail, return receipt requested, sent to the address of the public adjuster shown on the contract;
(2) personally serving the notice on the public adjuster; or
(3) sending an electronic mail to the public adjuster at the electronic mail address shown on the contract.
(c) If the insured exercises the right to void the contract under this section, the public adjuster shall return to the insured anything of value that the insured gave to the public adjuster under the contract before the voiding of the contract. The public adjuster shall return things of value to the insured under this section not more than fifteen (15) business days after the day on which the public adjuster receives notice under subsection (b) of the insured's decision to void the contract.
As added by P.L.226-2023, SEC.14.
2023 Indiana Code › Title 27. Insurance › Article 1. Department of Insurance › Chapter 27. Public Adjusters › 27-1-27-20. Public Adjuster Contract Rescindable

Sec. 20. (a) An insured may rescind a contract between the insured and a public adjuster at any time not more than three (3) business days after the day on which the insured submits to the insurer the claim to which the contract relates.
(b) An insured may rescind a contract with a public adjuster by notifying the public adjuster in writing of the insured's decision to rescind the contract. The written notification must be transmitted to the adjuster by:
(1) registered or certified mail, return receipt requested, sent to the address of the public adjuster shown on the contract;
(2) personally serving the notice on the public adjuster; or
(3) sending an electronic mail to the public adjuster at the electronic mail address shown on the contract.
(c) If the insured exercises the right to rescind a contract under this section, the public adjuster shall return to the insured anything of value that the insured gave to the public adjuster under the contract before the recission of the contract. The public adjuster shall return things of value to the insured under this section not more than fifteen (15) business days after the day on which the public adjuster receives notice under subsection (b) of the insured's decision to rescind the contract.
As added by P.L.226-2023, SEC.15.
2023 Indiana Code › Title 27. Insurance › Article 1. Department of Insurance › Chapter 28. Independent Adjuster Licensing › 27-1-28-3. Automated Claims Adjudication System

Sec. 3. As used in this chapter, "automated claims adjudication system" means a preprogrammed computer system that:
(1) is designed for the collection, data entry, calculation, and system generated final resolution of property insurance claims;
(2) is used only by a licensee or a person described in section 6(b)(2) or 6(b)(3) of this chapter;
(3) complies with all claim payment requirements under Indiana insurance law; and
(4) is certified as compliant with the claims adjudication requirements of this chapter by an individual who is an:
(A) independent adjuster who is licensed under this chapter; and
(B) officer of a business entity that is licensed under this chapter.
As added by P.L.11-2011, SEC.22.
2023 Indiana Code › Title 27. Insurance › Article 1. Department of Insurance › Chapter 28. Independent Adjuster Licensing › 27-1-28-4. Catastrophe

Sec. 4. As used in this chapter, "catastrophe" means an event that is the subject of a declaration by the commissioner and that:
(1) results in a large number of deaths or injuries;
(2) causes extensive damage or destruction of facilities used to provide and sustain human needs;
(3) produces an overwhelming demand on state and local response resources and mechanisms;
(4) causes a severe long term effect on general economic activity; or
(5) severely affects state, local, and private sector capabilities to begin and sustain response activities.
As added by P.L.11-2011, SEC.22.
2023 Indiana Code › Title 27. Insurance › Article 1. Department of Insurance › Chapter 28. Independent Adjuster Licensing › 27-1-28-5. Home State

Sec. 5. As used in this chapter, "home state" means:
(1) a state, district, or territory of the United States in which an independent adjuster:
(A) maintains the independent adjuster's principal place of residence or business; and
(B) is licensed to act as a resident independent adjuster; or
(2) if the principal place of residence described in subdivision (1) does not license independent adjusters for the line of authority in which the independent adjuster seeks licensing under this chapter, the state, district, or territory of the United States:
(A) that is designated by the independent adjuster as the independent adjuster's home state; and
(B) in which the independent adjuster is licensed and in good standing.
As added by P.L.11-2011, SEC.22.
2023 Indiana Code › Title 27. Insurance › Article 1. Department of Insurance › Chapter 28. Independent Adjuster Licensing › 27-1-28-10. Independent Adjuster Licensure and Exemption

Sec. 10. A person shall not:
(1) act as an independent adjuster in Indiana; or
(2) hold the person's self out as an independent adjuster in Indiana;
unless the person is licensed or exempt from licensure under this chapter.
As added by P.L.11-2011, SEC.22.
2023 Indiana Code › Title 27. Insurance › Article 1. Department of Insurance › Chapter 28. Independent Adjuster Licensing › 27-1-28-11. Temporary Emergency Independent Adjuster Licensure

Sec. 11. (a) If a catastrophe is declared, an insurer may contract with an individual who:
(1) is not licensed under this chapter; but
(2) is otherwise qualified to adjust claims;
to act as a temporary emergency independent adjuster on behalf of the insurer if the insurer obtains for the individual a temporary emergency independent adjuster license under this section.
(b) An insurer described in subsection (a) must, not more than five (5) days after the individual begins to adjust claims arising from the declared catastrophe, submit to the commissioner an application for temporary emergency licensure of the individual under this section.
(c) An application submitted under subsection (b) must include the following information in a format prescribed by the commissioner:
(1) The name of the individual.
(2) The name of the insurer.
(3) The effective date of the contract between the insurer and the individual.
(4) The catastrophe or loss number.
(5) The catastrophe event name.
(6) Other information the commissioner considers necessary.
(d) The commissioner shall establish standards and procedures for temporary emergency independent adjuster licensure under this section.
(e) A temporary emergency independent adjuster license issued under this section is effective for not more than ninety (90) days, unless extended by the commissioner. In the event of multiple catastrophes, an individual who holds a temporary emergency independent adjuster license issued under this section with respect to one (1) declared catastrophe may adjust claims arising from any other catastrophe that occurs within the ninety (90) day period during which the license is effective under this subsection without the insurer applying for an additional temporary emergency independent adjuster license.
(f) The rules adopted by the commissioner under section 2 of this chapter may establish a fee for an application submitted under this section.
As added by P.L.11-2011, SEC.22. Amended by P.L.148-2017, SEC.5.
2023 Indiana Code › Title 27. Insurance › Article 1. Department of Insurance › Chapter 28. Independent Adjuster Licensing › 27-1-28-12. Resident Individual Independent Adjuster Licensure

Sec. 12. (a) An individual may apply for a resident independent adjuster license by submitting:
(1) a Uniform Application for Individual Adjusters to the commissioner with a declaration, under penalty of suspension, revocation, or refusal of licensure, that the statements made in the application are true and complete to the best of the individual's knowledge; and
(2) an application fee of forty dollars ($40).
(b) The commissioner shall approve an application submitted under subsection (a) upon finding all of the following:
(1) The individual is at least eighteen (18) years of age.
(2) The individual is eligible to designate Indiana as the individual's home state.
(3) The individual is determined by the commissioner to be trustworthy, reliable, and of good reputation.
(4) The individual has not committed an act that is grounds for probation, suspension, revocation, or refusal of licensure under section 18 of this chapter.
(5) The individual has completed a prelicensing course of study for the line of authority in which the individual has applied for licensing under this section.
(6) The individual has successfully passed the written examination administered under section 15 of this chapter for the line of authority in which the individual has applied for licensing under this section.
(c) The commissioner may require any documents reasonably necessary to verify the information contained in the application.
As added by P.L.11-2011, SEC.22. Amended by P.L.124-2018, SEC.53.
2023 Indiana Code › Title 27. Insurance › Article 1. Department of Insurance › Chapter 28. Independent Adjuster Licensing › 27-1-28-13. Resident Business Entity Independent Adjuster Licensure

Sec. 13. (a) A business entity may apply for a resident independent adjuster license by submitting:
(1) a Uniform Application for Business Entity Adjusters to the commissioner with a declaration, under penalty of suspension, revocation, or refusal of licensure, that the statements made in the application are true and complete to the best knowledge of the individual submitting the application on behalf of the business entity;
(2) an application fee of forty dollars ($40); and
(3) the name, address, and criminal and administrative history of each of the following:
(A) An owner that has at least ten percent (10%) interest or voting interest in the business entity.
(B) A partner of the business entity.
(C) An executive officer of the business entity.
(D) A director of the business entity.
(b) The commissioner shall approve an application submitted by a business entity under subsection (a) upon finding all of the following:
(1) The business entity is eligible to designate Indiana as the business entity's home state.
(2) The business entity has designated an individual independent adjuster licensed under this chapter to be responsible for the business entity's compliance with Indiana insurance law.
(3) The business entity has not committed any act that is grounds for probation, suspension, revocation, or refusal of an independent adjuster license under section 18 of this chapter.
(c) The commissioner may require a business entity applying under this section to produce any documents reasonably necessary to verify the information contained in the application.
As added by P.L.11-2011, SEC.22. Amended by P.L.148-2017, SEC.6; P.L.124-2018, SEC.54.
2023 Indiana Code › Title 27. Insurance › Article 1. Department of Insurance › Chapter 28. Independent Adjuster Licensing › 27-1-28-14. Qualifications; Renewal; Fees; Expiration; Content of License; Change of Information; Contract for Administration

Sec. 14. (a) An independent adjuster may qualify for an independent adjuster license under this chapter in one (1) or more of the following lines of authority:
(1) Property and casualty insurance.
(2) Worker's compensation insurance.
(b) An independent adjuster licensed under this chapter is not required to hold another independent adjuster, insurance producer, or insurance administrator license in Indiana.
(c) An independent adjuster license:
(1) is effective for two (2) years after the date of issuance unless probated, suspended, revoked, or refused; and
(2) may be renewed if all requirements for renewal, including submission to the commissioner of a renewal fee of forty dollars ($40), are met on or before the renewal date.
(d) If an independent adjuster license expires, the independent adjuster may, within twelve (12) months after the date of expiration, be reissued an independent adjuster license upon receipt by the commissioner of:
(1) a request for reissuance, as prescribed by the commissioner; and
(2) a reissuance fee of eighty dollars ($80).
(e) An independent adjuster who is unable to comply with the license renewal requirements of this section due to:
(1) military service;
(2) long term medical disability; or
(3) another extenuating circumstance determined by the commissioner;
may request a waiver of the renewal requirements or applicable sanction.
(f) A license issued under this chapter must contain the following:
(1) The licensee's name, address, and personal identification number.
(2) The date of issuance.
(3) The date of expiration.
(4) Other information considered necessary by the commissioner.
(g) An independent adjuster is subject to IC 27-4-1-4.5.
(h) An independent adjuster shall, not more than thirty (30) days after the occurrence of a change of the independent adjuster's:
(1) legal name; or
(2) home state address;
provide written notice to the commissioner of the change.
(i) The commissioner may contract with a nongovernmental entity to perform ministerial functions required by this section, including the collection of data and fees related to licensing.
As added by P.L.11-2011, SEC.22.
2023 Indiana Code › Title 27. Insurance › Article 1. Department of Insurance › Chapter 28. Independent Adjuster Licensing › 27-1-28-15. Written Exam; Exceptions

Sec. 15. (a) Except as provided in section 16 of this chapter and in subsection (e), an individual who applies for an independent adjuster license under this chapter must pass a written examination that is:
(1) developed and conducted according to rules adopted by the commissioner under IC 4-22-2; and
(2) intended to test the knowledge of the individual concerning:
(A) the lines of authority in which the individual has applied for licensing under this chapter;
(B) the duties and responsibilities of an independent adjuster; and
(C) Indiana insurance law.
(b) The commissioner may contract with a nongovernmental entity to administer the written examination required by this section.
(c) An individual described in subsection (a) shall remit, with the application to take the written examination required by this section, a nonrefundable examination fee in an amount set by the commissioner or the organization administering the examination.
(d) If an individual:
(1) fails to appear for or to pass an examination; and
(2) desires to reschedule the examination;
the individual shall reapply for the written examination and remit all fees and forms before scheduling an examination date.
(e) An individual who holds a current claims certification issued by a national or state claims association whose certification program includes:
(1) a precertification course for new adjusters that is approved by the department;
(2) an examination for new adjusters that is approved by the department; and
(3) a continuing education program that is approved by the department;
is not required to complete a prelicensing course described in section 12(b)(5) of this chapter or pass a written examination described in subsection (a) to be issued an independent adjuster license under this chapter.
As added by P.L.11-2011, SEC.22. Amended by P.L.130-2020, SEC.6.
2023 Indiana Code › Title 27. Insurance › Article 1. Department of Insurance › Chapter 28. Independent Adjuster Licensing › 27-1-28-16. Nonresident Licensure

Sec. 16. (a) An individual who applies for an independent adjuster license under this chapter and who:
(1) possesses an independent adjuster license for the same line of authority in which the individual has applied for licensing under this chapter in a state in which a prelicensing independent adjuster licensure examination is required;
(2) possessed an independent adjuster license that:
(A) was for the same line of authority in which the individual has applied for licensing under this chapter in a state in which a prelicensing independent adjuster licensure examination is required; and
(B) expired less than ninety (90) days before the date the commissioner receives the application; or
(3) provides proof from contracting insurers that the individual has participated in claims adjudication in the same line of authority during the five (5) years immediately preceding the date of application;
is not required to complete a prelicensing course as described in section 12(b)(5) of this chapter or pass a written examination under section 15 of this chapter before being licensed under this chapter.
(b) An applicant who meets the criteria set forth in subsection (a)(1) or (a)(2) must provide certification from the other state that the applicant's independent adjuster license:
(1) is currently in good standing; or
(2) was in good standing at the time of expiration.
(c) A person:
(1) who:
(A) is licensed as an independent adjuster in another state where a prelicensing independent adjuster licensure examination is required;
(B) establishes legal residency in Indiana; and
(C) applies for a resident independent adjuster license under this chapter less than ninety (90) days after the person establishes legal residency in Indiana; or
(2) who holds a current claims certification issued by a national or state claims association whose certification program includes:
(A) a precertification course for new adjusters that is approved by the department;
(B) an examination for new adjusters that is approved by the department; and
(C) a continuing education program that is approved by the department;
is not required to complete a prelicensing course as described in section 12(b)(5) of this chapter or pass a written examination under section 15 of this chapter before being licensed under this chapter.
As added by P.L.11-2011, SEC.22. Amended by P.L.130-2020, SEC.7.
2023 Indiana Code › Title 27. Insurance › Article 1. Department of Insurance › Chapter 28. Independent Adjuster Licensing › 27-1-28-19. Continuing Education

Sec. 19. (a) Except as provided in subsection (b), an individual who holds a license under this chapter shall, every two (2) years, satisfactorily complete a minimum of twenty-four (24) hours of continuing education courses and report the completion of the courses to the commissioner.
(b) This section does not apply to the following:
(1) An individual who is licensed for less than twelve (12) months before the end of the applicable continuing education biennium.
(2) A licensed nonresident independent adjuster who has met the continuing education requirements of the licensed nonresident independent adjuster's designated home state.
(3) An individual holding a current claims certification if:
(A) the claims certification is issued by a national or state claims association whose certification program is approved by the department for purposes of this section;
(B) the number of hours of study required to complete the certification program described in clause (A) is not less than the number of hours of continuing education that an individual is required to complete every two (2) years under subsection (a);
(C) the content of the certification program described in clause (A):
(i) includes the content of the prelicensing course of study required by section 12(b)(5) of this chapter for the line of authority in which the individual has applied for or obtained licensing under this chapter; and
(ii) is made available for review and audit by the commissioner through an electronic portal maintained by the claims association;
(D) the claims association referred to in clause (A) is approved as a continuing education provider in Indiana;
(E) the claims association referred to in clause (A) reports the individual's completion of the certification program described in clause (A) to the commissioner through an electronic portal maintained by the commissioner; and
(F) the claims association referred to in clause (A), through an electronic portal maintained by the claims association, provides the commissioner access to the individual's transcript showing the individual's completion of the certification program described in clause (A).
As added by P.L.11-2011, SEC.22. Amended by P.L.130-2020, SEC.8; P.L.32-2021, SEC.83.
2023 Indiana Code › Title 27. Insurance › Article 1. Department of Insurance › Chapter 28. Independent Adjuster Licensing › 27-1-28-20. Contracts

Sec. 20. An independent adjuster shall:
(1) maintain a copy of each contract between the independent adjuster and an insurer or a self-insurer; and
(2) comply with the record retention policy agreed to in the contract described in subdivision (1).
As added by P.L.11-2011, SEC.22.
2023 Indiana Code › Title 27. Insurance › Article 1. Department of Insurance › Chapter 28. Independent Adjuster Licensing › 27-1-28-21. Duties

Sec. 21. An independent adjuster shall do all of the following:
(1) Be honest and fair in all communications with an insured, an insurer, a self-insurer, and the public.
(2) Give policyholders and claimants prompt and knowledgeable service and courteous, fair, and objective treatment.
(3) Refrain from:
(A) giving legal advice; or
(B) dealing directly with a policyholder or claimant who is represented by legal counsel unless the legal counsel consents to the direct contact.
(4) Comply with all local, state, and federal privacy and information security laws.
(5) Identify:
(A) the independent adjuster's self as an independent adjuster; and
(B) if applicable, the independent adjuster's employer;
when dealing with a policyholder or claimant.
(6) Refrain from:
(A) having any financial interest in an adjustment; or
(B) acquiring, for the independent adjuster or any person, an interest or a title in salvage without first receiving written authority from the principal.
As added by P.L.11-2011, SEC.22.
2023 Indiana Code › Title 27. Insurance › Article 1. Department of Insurance › Chapter 28. Independent Adjuster Licensing › 27-1-28-22. Reports to Commissioner of Administrative and Criminal Actions

Sec. 22. (a) An independent adjuster shall report to the commissioner an administrative action taken against the independent adjuster:
(1) in another jurisdiction; or
(2) by another governmental agency in Indiana;
not more than thirty (30) days after the final disposition of the matter. The report must include a copy of the order or consent order, and any other relevant documentation.
(b) An independent adjuster shall report to the commissioner any criminal action taken against the independent adjuster:
(1) in another jurisdiction; or
(2) by another governmental agency in Indiana;
not more than thirty (30) days after the final disposition of the criminal matter. The report must include a copy of the initial complaint filed, the final order issued by the court, and any other relevant documentation.
As added by P.L.11-2011, SEC.22.
2023 Indiana Code › Title 27. Insurance › Article 1. Department of Insurance › Chapter 28. Independent Adjuster Licensing › 27-1-28-23. Certification of Automated Claims Adjudication System

Sec. 23. If an independent adjuster uses an automated claims adjudication system, the independent adjuster shall maintain proof of the certification described in section 3(4) of this chapter and provide the proof of certification to the commissioner upon request.
As added by P.L.11-2011, SEC.22.