reglab/statecodes huggingface dataset:
2023 Rhode Island General Laws › Title 27 - Insurance › Chapter 27-9.3 - State Structured Settlement Protection Act › Section 27-9.3-3. - Required disclosures to payee.

§ 27-9.3-3. Required disclosures to payee.
Not less than three (3) days prior to the date on which a payee signs a transfer agreement, the transferee shall provide to the payee a separate disclosure statement, in bold type no smaller than fourteen (14) points, setting forth:
(1)
The amounts and due dates of the structured settlement payments to be transferred;
(2)
The aggregate amount of these payments;
(3)
The discounted present value of the payments to be transferred, which shall be identified as the “calculation of current value of the transferred structured settlement payments under federal standards for valuing annuities,” and the amount of the applicable federal rate used in calculating the discounted present value;
(4)
The gross advance amount;
(5)
An itemized listing of all applicable transfer expenses, other than attorneys’ fees and related disbursements payable in connection with the transferee’s application for approval of the transfer, and the transferee’s best estimate of the amount of the fees and disbursements;
(6)
The net advance amount;
(7)
The amount of any penalties or liquidated damages payable by the payee in the event of any breach of the transfer agreement by the payee; and
(8)
A statement that the payee has the right to cancel the transfer agreement, without penalty or further obligation, not later than the third (3rd) business day after the date the agreement is signed by the payee.
History of Section.
P.L. 2001, ch. 226, § 1.
2023 Rhode Island General Laws › Title 27 - Insurance › Chapter 27-9.3 - State Structured Settlement Protection Act › Section 27-9.3-4. - Approval of transfers of structured settlement payment rights.

§ 27-9.3-4. Approval of transfers of structured settlement payment rights.
(a)
No direct or indirect transfer of structured settlement payment rights shall be effective and no structured settlement obligor or annuity issuer shall be required to make any payment directly or indirectly to any transferee of structured settlement payment rights unless the transfer has been approved in advance by a final court order of the superior court for the county in which the payee resides finding that:
(1)
The transfer is in the best interest of the payee, taking into account the welfare and support of the payee’s dependents; and
(2)
The payee has been advised in writing by the transferee to seek independent professional advice regarding the transfer and has either received independent professional advice or knowingly waived the advice in writing; and
(3)
The transfer does not contravene any applicable statute or the order of any court or other government authority.
(b)
The payee shall have the right to cancel the transfer agreement, without penalty or further obligation, not later than the third (3rd) business day after the date the transfer agreement is signed by the payee.
History of Section.
P.L. 2001, ch. 226, § 1.
2023 Rhode Island General Laws › Title 27 - Insurance › Chapter 27-9.3 - State Structured Settlement Protection Act › Section 27-9.3-5. - Effects of transfer of structured settlement payment rights.

§ 27-9.3-5. Effects of transfer of structured settlement payment rights.
Following a transfer of structured settlement payment rights under this chapter:
(1)
The structured settlement obligor and the annuity issuer shall, as to all parties except the transferee, be discharged and released from any and all liability for the transferred payments;
(2)
The transferee shall be liable to the structured settlement obligor and the annuity issuer:
(i)
If the transfer contravenes the terms of the structured settlement, for any taxes incurred by the parties as a consequence of the transfer; and
(ii)
For any other liabilities or costs, including reasonable costs and attorneys’ fees, arising from compliance by the parties with the order of the superior court or arising as a consequence of the transferee’s failure to comply with this chapter;
(3)
Neither the annuity issuer nor the structured settlement obligor may be required to divide any periodic payment between the payee and any transferee or assignee or between two (2) (or more) transferees or assignees; and
(4)
Any further transfer of structured settlement payment rights by the payee may be made only after compliance with all of the requirements of this chapter.
History of Section.
P.L. 2001, ch. 226, § 1.
2023 Rhode Island General Laws › Title 27 - Insurance › Chapter 27-9.3 - State Structured Settlement Protection Act › Section 27-9.3-6. - Procedure for approval of transfers.

§ 27-9.3-6. Procedure for approval of transfers.
(a)
An application under this chapter for approval of a transfer of structured settlement payment rights shall be made by the transferee and shall be brought in the superior court for the county in which the payee resides.
(b)
Not less than twenty (20) days prior to the scheduled hearing on any application for approval of a transfer of structured settlement payment rights under § 27-9.3-4, the transferee shall file with the court and serve on all interested parties a notice of the proposed transfer and the application for its authorization, including with the notice:
(1)
A copy of the transferee’s application;
(2)
A copy of the transfer agreement;
(3)
A copy of the disclosure statement required under § 27-9.3-3;
(4)
A listing of each of the payee’s dependents, together with each dependent’s age;
(5)
Notification that any interested party is entitled to support, oppose or respond to the transferee’s application, either in person or by counsel, by submitting written comments to the court or responsible administrative authority or by participating in the hearing; and
(6)
Notification of the time and place of the hearing and notification of the manner in which and the time by which written responses to the application must be filed (which shall be not less than fifteen (15) days after service of the transferee’s notice) in order to be considered by the court or responsible administrative authority.
History of Section.
P.L. 2001, ch. 226, § 1.
2023 Rhode Island General Laws › Title 27 - Insurance › Chapter 27-9.3 - State Structured Settlement Protection Act › Section 27-9.3-7. - General provisions — Construction.

§ 27-9.3-7. General provisions — Construction.
(a)
The provisions of this chapter may not be waived by any payee.
(b)
Any transfer agreement entered into on or after July 13, 2001 by a payee who resides in this state shall provide that disputes under the transfer agreement, including any claim that the payee has breached the agreement, shall be determined in and under the laws of this state. No transfer agreement shall authorize the transferee or any other party to confess judgment or consent to entry of judgment against the payee.
(c)
No transfer of structured settlement payment rights shall extend to any payments that are life-contingent unless, prior to the date on which the payee signs the transfer agreement, the transferee has established and has agreed to maintain procedures reasonably satisfactory to the annuity issuer and the structured settlement obligor for: (1) periodically confirming the payee’s survival, and (2) giving the annuity issuer and the structured settlement obligor prompt written notice in the event of the payee’s death.
(d)
No payee who proposes to make a transfer of structured settlement payment rights shall incur any penalty, forfeit any application fee or other payment, or incur any liability to the proposed transferee or any assignee based on any failure of the transfer to satisfy the conditions of this chapter.
(e)
Nothing contained in this chapter shall be construed to authorize any transfer of structured settlement payment rights in contravention of any law or to imply that any transfer under a transfer agreement entered into prior to July 13, 2001 is valid or invalid.
(f)
Compliance with the requirements set forth in § 27-9.3-3 and fulfillment of the conditions set forth in § 27-9.3-4 shall be solely the responsibility of the transferee in any transfer of structured settlement payment rights, and neither the structured settlement obligor nor the annuity issuer shall bear any responsibility for, or any liability arising from, noncompliance with the requirements or failure to fulfill the conditions.
History of Section.
P.L. 2001, ch. 226, § 1.
2023 Rhode Island General Laws › Title 27 - Insurance › Chapter 27-9.4 - Insurance Binders as Evidence of Coverage › Section 27-9.4-1. - Short title.

§ 27-9.4-1. Short title.
This chapter shall be known and may be cited as the “Model Act Regarding Use of Property and Casualty Insurance Binders as Evidence of Coverage.”
History of Section.
P.L. 2013, ch. 19, § 1; P.L. 2013, ch. 22, § 1.
2023 Rhode Island General Laws › Title 27 - Insurance › Chapter 27-9.4 - Insurance Binders as Evidence of Coverage › Section 27-9.4-2. - Purpose.

§ 27-9.4-2. Purpose.
This chapter requires that property and casualty insurance binders obligate coverage until a policy is issued or cancelled.
History of Section.
P.L. 2013, ch. 19, § 1; P.L. 2013, ch. 22, § 1.
2023 Rhode Island General Laws › Title 27 - Insurance › Chapter 27-9.4 - Insurance Binders as Evidence of Coverage › Section 27-9.4-3. - Definitions.

§ 27-9.4-3. Definitions.
As used in this chapter:
(1)
“Insurance binder” means a written temporary contract of insurance authorized by an insurer issued prior to the insurance policy that includes:
(i)
The name and address of the insured and any additional named insureds, mortgagees, or lienholders;
(ii)
A description of the property insured;
(iii)
A description of the nature and amount of coverage;
(iv)
The identity of the insurer and of the authorized representative executing the binder;
(v)
The effective and expiration date of coverage; and
(vi)
The binder number or the policy number where applicable to a policy extension.
(2)
“Insurance policy” means a contract of insurance describing the term, coverage, premiums, and deductibles.
(3)
“Insured” means the person, group, or property for which an insurance policy is issued.
(4)
“Insurer” means any organization that issues property or casualty insurance.
(5)
“Lender” means an individual, partnership, corporation, association, or other entity, or loan servicer acting on behalf of such party, who lends money and receives or otherwise acquires a mortgage, a lien, a deed of trust, or any other security interest in or on any real or personal property as security for the loan.
History of Section.
P.L. 2013, ch. 19, § 1; P.L. 2013, ch. 22, § 1.
2023 Rhode Island General Laws › Title 27 - Insurance › Chapter 27-9.4 - Insurance Binders as Evidence of Coverage › Section 27-9.4-4. - Insurer obligations.

§ 27-9.4-4. Insurer obligations.
An insurer that provides an insurance binder is obligated to provide the coverage according to the terms of such binder until the insurer issues the insurance policy or cancels the binder.
History of Section.
P.L. 2013, ch. 19, § 1; P.L. 2013, ch. 22, § 1.
2023 Rhode Island General Laws › Title 27 - Insurance › Chapter 27-9.4 - Insurance Binders as Evidence of Coverage › Section 27-9.4-5. - Penalties.

§ 27-9.4-5. Penalties.
Any person or entity who violates this chapter may be subject to action pursuant to § 42-14-16.
History of Section.
P.L. 2013, ch. 19, § 1; P.L. 2013, ch. 22, § 1.
2023 Rhode Island General Laws › Title 27 - Insurance › Chapter 27-10 - Claim Adjusters › Section 27-10-1. - Purpose and scope.

§ 27-10-1. Purpose and scope.
This chapter governs the qualifications and procedures for the licensing of: (1) Public adjusters; (2) Company adjusters; and (3) Independent adjusters. It specifies the duties of, and restrictions on, public, company, and independent adjusters. The restrictions on public adjusters include limiting their licensure to assisting insureds in first-party claims.
History of Section.
P.L. 1956, ch. 3790, § 1; G.L. 1956, § 27-10-1; P.L. 1985, ch. 169, §§ 1, 2; P.L. 2007, ch. 404, § 1; P.L. 2008, ch. 475, § 79; P.L. 2014, ch. 107, § 1; P.L. 2014, ch. 195, § 1.
2023 Rhode Island General Laws › Title 27 - Insurance › Chapter 27-10 - Claim Adjusters › Section 27-10-1.2. - License required.

§ 27-10-1.2. License required.
(a)
A person shall not act or hold himself out as a public, company or independent adjuster in this state unless the person is licensed in accordance with this chapter.
(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.
History of Section.
P.L. 2014, ch. 107, § 2; P.L. 2014, ch. 195, § 2.
2023 Rhode Island General Laws › Title 27 - Insurance › Chapter 27-10 - Claim Adjusters › Section 27-10-2. - Persons exempt.

§ 27-10-2. Persons exempt.
The provisions of this chapter shall not apply to the following:
(1)
An attorney at law admitted to practice in this state, acting in his or her professional capacity as an attorney;
(2)
Either an insurance producer of a domestic insurance company or an insurance producer duly licensed by the insurance commissioner, when the insurance producer adjusts, or assists in the adjustment of, claims arising only under policies of insurance or fidelity or surety bonds negotiated, solicited, or effected by him or her or by the insurance producer, whether the insurance producer is a person, partnership, or corporation, for which he or she acts;
(3)
A person who negotiates or settles claims arising under a life or health insurance policy or an annuity contract;
(4)
A person employed only for the purpose of obtaining facts surrounding a loss or furnishing technical assistance to a licensed adjuster, including photographers, estimators, private investigators, engineers, and handwriting experts;
(5)
An individual who is employed to investigate suspected fraudulent insurance claims but who does not adjust losses or determine claims payments;
(6)
A person who solely performs executive, administrative, managerial, or clerical duties, or any combination thereof, and who does not investigate, negotiate, or settle claims with policyholders, claimants, or their legal representative;
(7)
A licensed healthcare provider or its employee who provides managed care services as long as the services do not include the determination of compensability;
(8)
A managed care organization or any of its employees or an employee of any organization providing managed care services so long as the services do not include the determination of compensability;
(9)
A person who settles only reinsurance or subrogation claims;
(10)
A person who investigates, negotiates, or settles life, accident and health, annuity, or disability insurance claims;
(11)
An individual employee, under a self-insured arrangement, who adjusts claims on behalf of their employer;
(12)
A person authorized to adjust workers’ compensation or disability claims under the authority of a third-party administrator (TPA) license pursuant to chapter 20.7 of title 27;
(13)
A person who adjusts claims for portable electronic insurance offered pursuant to chapter 2.7 of title 27.
History of Section.
P.L. 1956, ch. 3790, § 1; G.L. 1956, § 27-10-2; P.L. 1978, ch. 123, § 1; P.L. 1982, ch. 182, § 1; P.L. 2014, ch. 107, § 1; P.L. 2014, ch. 195, § 1.
2023 Rhode Island General Laws › Title 27 - Insurance › Chapter 27-10 - Claim Adjusters › Section 27-10-3. - Issuance of license.

§ 27-10-3. Issuance of license.
(a)
The insurance commissioner may issue to any person a license to act as either a public adjuster; company adjuster; or independent adjuster once that person files an application in a format prescribed by the department and declares under penalty of suspension, revocation, or refusal of the license that the statements made in the application are true, correct, and complete to the best of the individual’s knowledge and belief. Before approving the application, the department shall find that the individual:
(1)
Is at least eighteen (18) years of age;
(2)
Is eligible to designate this state as his or her home state;
(3)
Is trustworthy, reliable, and of good reputation, evidence of which shall be determined by the department;
(4)
Has not committed any act that is a ground for probation, suspension, revocation, or refusal of a professional license as set forth in § 27-10-12;
(5)
Has successfully passed the examination for the line(s) of authority for which the person has applied;
(6)
Has paid a fee of two hundred fifty dollars ($250).
(b)
A Rhode Island resident business entity acting as an insurance adjuster may elect to obtain an insurance adjusters license. Application shall be made using the uniform business entity application. Prior to approving the application, the insurance commissioner shall find both of the following:
(1)
The business entity has paid the appropriate fees.
(2)
The business entity has designated a licensed adjuster responsible for the business entity’s compliance with the insurance laws and rules of this state.
(c)
The department may require any documents reasonably necessary to verify the information contained in the application.
History of Section.
P.L. 1956, ch. 3790, § 2; G.L. 1956, § 27-10-3; P.L. 1977, ch. 220, § 1; P.L. 1979, ch. 174, art. 7, § 3; P.L. 1998, ch. 122, § 3; P.L. 2007, ch. 404, § 1; P.L. 2008, ch. 144, § 3; P.L. 2008, ch. 198, § 3; P.L. 2009, ch. 68, art. 12, § 6; P.L. 2014, ch. 107, § 1; P.L. 2014, ch. 195, § 1; P.L. 2018, ch. 47, art. 7, § 3.
2023 Rhode Island General Laws › Title 27 - Insurance › Chapter 27-10 - Claim Adjusters › Section 27-10-4. - Veteran’s license.

§ 27-10-4. Veteran’s license.
The commissioner shall issue a license as an insurance claim adjuster, other than for life and accident and health insurance, without the payment of a fee, to any honorably discharged soldier, sailor, or marine who has at any time served the United States in time of war, and who shall present proof that he or she is the person who served and provides the certificate of his or her honorable discharge.
History of Section.
P.L. 1956, ch. 3790, § 4; G.L. 1956, § 27-10-4.
2023 Rhode Island General Laws › Title 27 - Insurance › Chapter 27-10 - Claim Adjusters › Section 27-10-5. - License.

§ 27-10-5. License.
(a)
Unless denied licensure, persons who have met the requirements of § 27-10-3 shall be issued either a public, company, or independent adjuster license.
(b)
A company or independent adjuster may qualify for a license in one or more of the following lines of authority:
(1)
Property and casualty;
(2)
Workers Compensation; or
(3)
Crop.
(c)
An individual may not hold both a public adjuster and a company or independent adjuster license at the same time.
(d)
An adjuster license shall remain in effect unless probated, suspended, revoked, or refused as long as a biennial application for renewal and fee set forth in § 27-10-3(a)(6) is paid and all other requirements for license renewal are met by the due date; otherwise, the license expires.
(e)
An adjuster whose license expires may, within twelve (12) months of the renewal date, be reissued an adjuster license upon receipt of the renewal request, as prescribed by the department. However, a penalty in the amount of fifty dollars ($50.00) in addition to the renewal fee shall be required to reissue the expired license.
(f)
An adjuster who is unable to comply with license renewal procedures and requirements due to military service, long-term medical disability, or some other extenuating circumstance may request a waiver of same and a waiver of any examination requirement, fine, or other sanction imposed for failure to comply with renewal procedures.
(g)
An adjuster shall be subject to chapters 9.1 and 29 of title 27.
(h)
The adjuster shall inform the department by any means acceptable of any change in resident or business address(es) for the home state or in legal name within thirty (30) days of the change.
(i)
In order to assist in the performance of the department’s duties, the department may contract with non-governmental entities, including the National Association of Insurance Commissioners (NAIC), its affiliates or subsidiaries, to perform any ministerial functions, including the collection of fees and data, related to licensing that the insurance commissioner may deem appropriate.
History of Section.
P.L. 1956, ch. 3790, § 3; G.L. 1956, § 27-10-5; P.L. 1993, ch. 180, § 11; P.L. 2007, ch. 404, § 1; P.L. 2014, ch. 107, § 1; P.L. 2014, ch. 195, § 1.
2023 Rhode Island General Laws › Title 27 - Insurance › Chapter 27-10 - Claim Adjusters › Section 27-10-6. - Examination.

§ 27-10-6. Examination.
(a)
The department shall subject the applicant to a written examination as to his or her competency to act as an insurance claim adjuster. The examination shall test the knowledge of the individual concerning the duties and responsibilities of an adjuster and the insurance laws and regulations of this state.
(b)
The department may make arrangements, including contracting with an outside testing service, for administering examinations and collecting a nonrefundable fee for the examination.
(c)
Each individual applying for an examination shall remit a nonrefundable fee as prescribed by the department.
(d)
An individual who fails to appear for the examination as scheduled or fails to pass the examination shall reapply for an examination and remit all required fees and forms before being rescheduled for another examination.
(e)
The department may accept successful completion of an examination administered by a federal entity in substitute for a state examination for the crop line of authority for company/independent adjusters.
(f)
The department may also accept, in lieu of the written examination referred to in subsection (a) of this section, a certification issued by a national or state-based claims association with a program approved by the department, that includes a proctored exam of sufficient length and rigor to adequately determine the competence of the applicant and any other requirements set by the department of business regulation.
History of Section.
P.L. 1956, ch. 3790, § 3; G.L. 1956, § 27-10-6; P.L. 1960, ch. 71, art. 1, § 5; P.L. 1971, ch. 276; P.L. 1977, ch. 220, § 1; P.L. 1978, ch. 123, § 1; P.L. 1983, ch. 62, § 1; P.L. 1985, ch. 169, § 3; P.L. 1985, ch. 181, art. 15, § 1; P.L. 1987, ch. 166, § 13; P.L. 1988, ch. 350, § 1; P.L. 2004, ch. 595, art. 30, § 11; P.L. 2007, ch. 404, § 1; P.L. 2014, ch. 107, § 1; P.L. 2014, ch. 195, § 1; P.L. 2022, ch. 119, § 1, effective January 1, 2023; P.L. 2022, ch. 120, § 1, effective January 1, 2023.
2023 Rhode Island General Laws › Title 27 - Insurance › Chapter 27-10 - Claim Adjusters › Section 27-10-7. - Exemptions from examination.

§ 27-10-7. Exemptions from examination.
(a)
An individual who applies for an adjuster license in this state who was previously licensed as an adjuster in another state based on an adjuster examination shall not be required to complete the examination. This exemption is only available if the person is currently licensed in that state, or if the application is received within twelve (12) months of the cancellation of the applicant’s previous license and if the prior state issues a certification that, at the time of cancellation, the applicant was in good standing in that state or the state’s database records or records maintained by the NAIC, its affiliates, or subsidiaries, indicate that the adjuster is or was licensed in good standing.
(b)
A person licensed as an adjuster in another state based on an adjuster examination who moves to this state shall make application within ninety (90) days of establishing legal residence to become a resident licensee. No examination shall be required of that person to obtain an adjuster license.
History of Section.
P.L. 1956, ch. 3790, § 3; G.L. 1956, § 27-10-7; P.L. 1983, ch. 65, § 1; P.L. 1987, ch. 166, § 14; P.L. 2009, ch. 68, art. 12, § 6; P.L. 2014, ch. 107, § 1; P.L. 2014, ch. 195, § 1.
2023 Rhode Island General Laws › Title 27 - Insurance › Chapter 27-10 - Claim Adjusters › Section 27-10-7.1. - Nonresident license reciprocity.

§ 27-10-7.1. Nonresident license reciprocity.
(a)
Unless denied licensure, a nonresident person shall receive a nonresident adjuster license if:
(1)
The person is currently licensed as a resident adjuster and is in good standing in his or her home state;
(2)
The person has submitted the proper request for licensure and has paid the fees required by § 27-10-3(a)(6);
(3)
The person has submitted or transmitted to the department the appropriate, completed application for licensure for the equivalent type of license and lines of authority; and
(4)
The person’s home state awards nonresident adjuster licenses to residents of this state on the same basis.
(b)
The insurance commissioner may verify the adjuster’s licensing status through the database maintained by the NAIC, its affiliates, or subsidiaries.
(c)
As a condition to continuation of an adjuster license issued under this section, the licensee shall maintain a resident adjuster license in his or her home state. The nonresident adjuster license issued under this section shall terminate and be surrendered immediately if the home state adjuster license terminates for any reason, unless the adjuster has been issued a license as a resident adjuster in his or her new home state. Notification to any state where a nonresident license is issued must be made as soon as possible, yet no later than thirty (30) days of change in new state resident license. The licensee shall include new and old addresses in the notification to the department. A new state resident license is required for nonresident licenses to remain valid. The new state resident license must have reciprocity with the licensing nonresident state(s) for the nonresident license not to terminate.
(d)
The department may grant a nonresident license to an adjuster who holds a current certificate issued by a national or state based claims association with a program, approved by the department, that includes at a minimum, a proctored exam of sufficient length and rigor to adequately determine the competence of the applicant and any other requirements set by the department of business regulation.
History of Section.
P.L. 2014, ch. 107, § 2; P.L. 2014, ch. 195, § 2; P.L. 2022, ch. 119, § 1, effective January 1, 2023; P.L. 2022, ch. 120, § 1, effective January 1, 2023.
2023 Rhode Island General Laws › Title 27 - Insurance › Chapter 27-10 - Claim Adjusters › Section 27-10-8. - Emergency licenses.

§ 27-10-8. Emergency licenses.
(a)
In the event of a declared catastrophe, an insurer shall notify the department, via an application for temporary emergency licensure, of each individual, not already licensed in the state where the catastrophe has been declared, who will act as an emergency company or independent adjuster on behalf of the insurer.
(b)
A person who is otherwise qualified to adjust claims, but not already licensed in this state where the catastrophe has been declared, may act as an emergency company or independent adjuster and adjust claims, if, within five (5) days of deployment to adjust claims arising from the declared catastrophe, the insurer notifies the department by providing the following information in a format prescribed by the insurance commissioner:
(1)
Name of the individual;
(2)
Social security number of individual;
(3)
Name of insurer the company or independent adjuster will represent;
(4)
Effective date of the contract between the insurer and company or independent adjuster, if applicable;
(5)
Catastrophe or loss control number;
(6)
Catastrophe event name; and
(7)
Other information the department deems necessary.
(c)
An emergency company or independent adjuster’s license shall remain in force for a period not to exceed ninety (90) days, unless extended by the department.
(d)
Any person licensed as an emergency company or independent adjuster must comply with all laws of this state in the same manner as if he or she had been issued a company or independent adjuster and both he or she and the insurer for whom the adjuster is working are responsible in the same manner as they would be if the adjuster was a fully licensed adjuster.
(e)
There is no fee payable to the state for the licensing of the emergency adjuster. However, in order to assist in the performance of the department’s duties, the department may contract with non-governmental entities, including the NAIC, its affiliates, or subsidiaries, to perform any ministerial functions related to licensing that the department may deem appropriate and the applicant is responsible for the fee associated with these services as determined by the department.
(f)
Public adjusters are not eligible for licensing under this section.
History of Section.
P.L. 1956, ch. 3790, § 3; G.L. 1956, § 27-10-8; P.L. 1978, ch. 123, § 1; P.L. 2005, ch. 140, § 1; P.L. 2005, ch. 191, § 1; P.L. 2009, ch. 303, § 4; P.L. 2009, ch. 304, § 4; P.L. 2014, ch. 107, § 1; P.L. 2014, ch. 195, § 1.
2023 Rhode Island General Laws › Title 27 - Insurance › Chapter 27-10 - Claim Adjusters › Section 27-10-9. - Investigative and subpoena powers.

§ 27-10-9. Investigative and subpoena powers.
(a)
The insurance commissioner shall have the power to examine and investigate into the affairs of every person engaged in the business of negotiating adjustments of insurance claims and claims under fidelity and surety bonds.
(b)
The insurance commissioner, upon a hearing, may administer oaths, examine and cross examine witnesses, and receive oral and documentary evidence, and shall have the power to subpoena witnesses, compel their attendance, and require the production of books, papers, records, correspondence, or other documents which the commissioner deems relevant to the inquiry.
History of Section.
P.L. 1956, ch. 3790, § 4; G.L. 1956, § 27-10-9.
2023 Rhode Island General Laws › Title 27 - Insurance › Chapter 27-10 - Claim Adjusters › Section 27-10-10. - Orders for discontinuance of unlawful practices.

§ 27-10-10. Orders for discontinuance of unlawful practices.
If, after a hearing, the commissioner finds that the furnishing of any information or assistance to a claims adjuster involves any act or practice which is unfair or unreasonable or inconsistent with the provisions of this chapter, the commissioner may issue a written order specifying in what respects that act or practice is unfair or unreasonable or inconsistent with the provisions of this chapter, and requiring the discontinuance of that act or practice.
History of Section.
P.L. 1956, ch. 3790, § 4; G.L. 1956, § 27-10-10.
2023 Rhode Island General Laws › Title 27 - Insurance › Chapter 27-10 - Claim Adjusters › Section 27-10-11. - Penalty for violations.

§ 27-10-11. Penalty for violations.
Any person who acts as an adjuster, other than for life and accident and health insurance, without holding a current, valid license as provided in this chapter, or shall act in any manner in the negotiation of any insurance claim agreement in violation of any provision of this chapter shall be punished by an order to cease and desist such practices and fine or other penalty in accordance with the standards of § 42-14-16.
History of Section.
P.L. 1956, ch. 3790, § 5; G.L. 1956, § 27-10-11; P.L. 1985, ch. 169, § 3; P.L. 2014, ch. 107, § 1; P.L. 2014, ch. 195, § 1.
2023 Rhode Island General Laws › Title 27 - Insurance › Chapter 27-10 - Claim Adjusters › Section 27-10-13. - Rules and regulations.

§ 27-10-13. Rules and regulations.
The insurance commissioner shall have the authority to promulgate all reasonable rules and regulations necessary to effect and to enforce the purposes and provisions of this chapter. Included within this authority is the power to set standards for public adjuster fees, the terms of the contract between a public adjuster and a consumer, and requirements for escrow accounts held by public adjusters for funds held on behalf of others.
History of Section.
P.L. 1978, ch. 123, § 2; P.L. 1985, ch. 169, §§ 4, 5; P.L. 2014, ch. 107, § 1; P.L. 2014, ch. 195, § 1.
2023 Rhode Island General Laws › Title 27 - Insurance › Chapter 27-10 - Claim Adjusters › Section 27-10-14. - Other conduct prohibited.

§ 27-10-14. Other conduct prohibited.
Nothing in this chapter shall be construed to authorize any conduct prohibited by the provisions of chapter 27 of title 11.
History of Section.
P.L. 1985, ch. 169, § 5.
2023 Rhode Island General Laws › Title 27 - Insurance › Chapter 27-10.1 - Motor Vehicle Damage Appraisers › Section 27-10.1-1. - Purpose of chapter — Issuance of license — Penalties — Renewal — Revocation or suspension.

§ 27-10.1-1. Purpose of chapter — Issuance of license — Penalties — Renewal — Revocation or suspension.
(a)
The purpose of this chapter is to subject certain individuals to the jurisdiction of the insurance commissioner. The legislature declares that it is concerned with the business of appraising damaged automobiles and to this end authorizes the insurance commissioner to regulate that business. No person shall act as an appraiser for motor vehicle physical damage claims on behalf of any insurance company or firm or corporation engaged in the adjustment or appraisal of motor vehicle claims unless that person has first secured a license from the insurance commissioner and has paid a license fee of one hundred fifty dollars ($150) for each biennial license term or fraction thereof. The license shall be issued only upon the successful passage of the examination that shall be administered at the discretion of the insurance commissioner, but in no event less than quarterly. The commissioner may prescribe reasonable regulations concerning standards for qualifications, suspension, or revocation, and the methods with which licensees conduct their business, in addition to the requirements specifically delineated within this chapter.
(b)
Any person who violates any provision of this chapter shall be subject to administrative penalties pursuant to § 42-14-16.
(c)
A license shall be renewed upon the payment of the appropriate renewal fee unless a finding is made pursuant to subsection (d) of this section. The fee for the total term of the licensure or renewal shall be paid at the time of initial application or renewal.
(d)
Nothing in this section shall be construed to limit the authority of the insurance commissioner to sooner suspend or revoke any license issued pursuant to this chapter. Any action for suspension or revocation of any license shall be in accordance with Administrative Procedures Act, chapter 35 of title 42, upon proof that the license was obtained by fraud or misrepresentation, or that the interests of the insurer or the interests of the public are not properly served under the license, or for cause.
History of Section.
P.L. 1973, ch. 241, § 1; P.L. 1979, ch. 174, art. 7, § 4; P.L. 1979, ch. 349, § 6; P.L. 1980, ch. 36, § 1; P.L. 1980, ch. 406, § 7; P.L. 1985, ch. 181, art. 14, § 2; 1987, ch. 166, § 15; P.L. 1988, ch. 350, § 2; P.L. 2004, ch. 595, art. 30, § 10; P.L. 2009, ch. 68, art. 12, § 7; P.L. 2015, ch. 82, § 11; P.L. 2015, ch. 105, § 11.
2023 Rhode Island General Laws › Title 27 - Insurance › Chapter 27-10.1 - Motor Vehicle Damage Appraisers › Section 27-10.1-1.1. - Emergency licenses.

§ 27-10.1-1.1. Emergency licenses.
(a)
Notwithstanding any of the provisions of this chapter, the commissioner may permit an experienced motor vehicle appraiser to act as a motor vehicle physical damage appraiser in this state without a Rhode Island license if:
(1)
The appraiser is either a licensed appraiser in another state which requires a license or regularly appraises motor vehicle damage in another state where such licensing is not required and works for an insurance company authorized to do business in Rhode Island; and
(2)
He or she is engaged in emergency insurance appraisal work during the period of emergency only, as determined by the commissioner.
(b)
The experienced appraiser may work in this state either for an employer who is an appraiser licensed by this state, or for a regular employer of one or more appraisers licensed by this state, or for an insurance company authorized to do business in this state; provided, that the employer or insurer shall furnish to the commissioner a notice, in writing or electronically, promptly after the beginning of any emergency insurance appraisal work. The appraiser may appraise claims within or outside the state. Emergency licenses permitted under this section shall not exceed one hundred twenty (120) days, unless extended by the commissioner.
(c)
As used in this section, “emergency insurance appraisal work” means and includes, but is not limited to, appraisal of motor vehicle damage during the term of an emergency license following an event or catastrophe, as determined by the commissioner, based on consumer need or demand, or a state of disaster declared by the governor of the state of Rhode Island or by the president of the United States under applicable federal law.
History of Section.
P.L. 2012, ch. 298, § 3; P.L. 2012, ch. 329, § 3.
2023 Rhode Island General Laws › Title 27 - Insurance › Chapter 27-10.1 - Motor Vehicle Damage Appraisers › Section 27-10.1-2. - “Motor vehicle physical damage appraiser” defined.

§ 27-10.1-2. “Motor vehicle physical damage appraiser” defined.
(a)
“Motor vehicle physical damage appraiser” means any person that practices as a business the appraising of damages to motor vehicles insured under automobile physical damage policies on or on behalf of third party claimants.
(b)
A Rhode Island resident business entity acting as a motor vehicle physical damage appraiser may elect to obtain a motor vehicle physical damage appraiser license. Application shall be made using the uniform business entity application. Prior to approving the application, the commissioner shall find both of the following:
(1)
The business entity has paid the appropriate fees.
(2)
The business entity has designated a licensed motor vehicle physical damage appraiser responsible for the business entity’s compliance with the insurance laws and rules of this state.
History of Section.
P.L. 1973, ch. 241, § 1; P.L. 2008, ch. 144, § 4; P.L. 2008, ch. 198, § 4; P.L. 2012, ch. 66, § 3; P.L. 2012, ch. 84, § 3.
2023 Rhode Island General Laws › Title 27 - Insurance › Chapter 27-10.1 - Motor Vehicle Damage Appraisers › Section 27-10.1-3. - Independent status required.

§ 27-10.1-3. Independent status required.
All persons, partnerships, corporations, or individuals engaged in the motor vehicle physical damage appraisal business shall operate separate and apart from any body repair shop, or motor vehicle repair shop, of any new or used automobile dealership. Those engaged in this business shall retain a permanent established address affording themselves to the general public during normal business hours.
History of Section.
P.L. 1973, ch. 241, § 1.
2023 Rhode Island General Laws › Title 27 - Insurance › Chapter 27-10.1 - Motor Vehicle Damage Appraisers › Section 27-10.1-6. - Conduct of motor vehicle damage appraisers.

§ 27-10.1-6. Conduct of motor vehicle damage appraisers.
(a)
Each appraiser, while engaged in appraisal duties, shall carry the license issued to that appraiser by the department of business regulation and shall display it, upon request, to an owner whose vehicle is being inspected, to the auto body shop representative involved, or to any authorized representative of the department of business regulation.
(b)
An insurer’s assigned appraiser, or representative, shall promptly schedule an appointment for appraisal of a damaged vehicle with the auto body repair shop, at an agreed upon date and time, between normal business hours.
(c)
The appraiser shall leave a legible copy of his or her appraisal with the auto body shop selected to make the repairs, which appraisal shall contain the name of the insurance company ordering it, if any, the insurance file number, the number of the appraiser’s license, and the proper identification number of the vehicle being inspected, and notice in boldface type, reading as follows:
“PURSUANT TO RHODE ISLAND LAW, THE CONSUMER HAS THE RIGHT TO CHOOSE THE REPAIR FACILITY TO COMPLETE REPAIRS TO A MOTOR VEHICLE; AND AN INSURANCE COMPANY MAY NOT INTERFERE WITH THE CONSUMER’S CHOICE OF REPAIRER.”
All damage unrelated to the incident or accident that occasioned the appraisal of the vehicle, or old damage, shall be clearly indicated in the appraisal.
(d)
The appraiser shall not obtain a competitive estimate from another auto body shop unless the owner of that other shop, or his or her authorized agent, has inspected the vehicle. No competitive estimate shall be obtained by the use of photographs, telephone calls, or in any manner other than a personal inspection.
(e)
No appraiser shall request that repairs be made in a specified auto body shop.
(f)
Every appraiser shall re-inspect damaged vehicles when supplementary allowances are requested by the auto body shops.
(g)
No appraiser shall receive directly or indirectly any gratuity or other consideration in connection with his or her appraisal services from any person except his or her employer, or, if self-employed, his or her customers.
(h)
No appraiser shall traffic in automobile salvage if it is obtained in any way as a result of appraisal services rendered by the appraiser.
(i)
No appraiser shall obtain an estimate from an unlicensed automobile body repair shop nor shall any appraiser agree on a price for repairing a damaged motor vehicle with an unlicensed automobile body repair shop. Nothing contained in this section shall be construed to preclude an appraiser from dealing with any entity not subject to the licensing provisions of § 5-38-4.
History of Section.
P.L. 1973, ch. 241, § 1; P.L. 1979, ch. 137, § 1; P.L. 1982, ch. 277, § 1; P.L. 2006, ch. 42, § 1; P.L. 2023, ch. 342, § 2, effective June 26, 2023; P.L. 2023, ch. 343, § 2, effective June 26, 2023.
2023 Rhode Island General Laws › Title 27 - Insurance › Chapter 27-10.1 - Motor Vehicle Damage Appraisers › Section 27-10.1-7. - Violations — Penalties.

§ 27-10.1-7. Violations — Penalties.
Any person licensed under this chapter who violates the provisions of § 27-10.1-6, 27-10.1-8 or 27-10.1-8.1 or any rules and regulations promulgated by the department of business regulation shall be subject to administrative penalties pursuant to § 42-14-16.
History of Section.
P.L. 1979, ch. 349, § 7; P.L. 1987, ch. 491, § 2; P.L. 2006, ch. 42, § 1; P.L. 2015, ch. 82, § 11; P.L. 2015, ch. 105, § 11.
2023 Rhode Island General Laws › Title 27 - Insurance › Chapter 27-10.1 - Motor Vehicle Damage Appraisers › Section 27-10.1-8. - Drive-in claim centers.

§ 27-10.1-8. Drive-in claim centers.
(a)
No insurance company employee or property damage appraiser shall request or advise any motor vehicle owner or operator to operate his or her vehicle on any public thoroughfare for the purpose of obtaining a written estimate of damage at a drive-in claims center, unless it is ascertained that the vehicle meets safety requirements as determined by the department of transportation.
(b)
A vehicle shall be deemed unsafe for driving pursuant to the provisions of this section if the vehicle has:
(1)
Damage to its unitized body construction;
(2)
Damage to its hood catch which would probably result in an unexpected opening;
(3)
Damage to the front suspension;
(4)
Metal in contact with any tire;
(5)
Any door which can’t be easily opened or which opens unexpectedly;
(6)
Inoperable tail lights;
(7)
Broken glass affixed to the vehicle or a cracked windshield; or
(8)
Any other condition deemed to be unsafe by the department of transportation pursuant to rules and regulations.
History of Section.
P.L. 1987, ch. 491, § 1.
2023 Rhode Island General Laws › Title 27 - Insurance › Chapter 27-10.1 - Motor Vehicle Damage Appraisers › Section 27-10.1-8.1. - Notices required to be displayed.

§ 27-10.1-8.1. Notices required to be displayed.
A sign in boldfaced type letters at least two (2) inches high must be displayed in a conspicuous location in every drive-in claim center as defined in § 27-10.1-8, reading as follows:
“PURSUANT TO RHODE ISLAND LAW, THE CONSUMER HAS THE RIGHT TO CHOOSE THE REPAIR FACILITY TO COMPLETE REPAIRS TO A MOTOR VEHICLE; AND AN INSURANCE COMPANY MAY NOT INTERFERE WITH THE CONSUMER’S CHOICE OF REPAIRER.”
History of Section.
P.L. 2006, ch. 42, § 2.
2023 Rhode Island General Laws › Title 27 - Insurance › Chapter 27-10.1 - Motor Vehicle Damage Appraisers › Section 27-10.1-9. - Re-inspection of collision damage.

§ 27-10.1-9. Re-inspection of collision damage.
(a)
The director of the department of business regulation is authorized and empowered to promulgate rules and regulations which allow re-inspection of ten percent (10%) of all automobile insurance carrier claims after collision damage is repaired. The required percentage shall be reviewed by the department of business regulation on an annual basis.
(b)
All automobile repair facilities shall, upon reasonable request by the insurer or consumer, present proof of authenticity through invoices and/or receipts for all new and used collision repair parts excluding price of the part or parts. Insurance carriers shall obtain from auto body repair facilities proof of purchase of the new or used collision repair parts, either by authenticated invoices and/or receipts excluding price.
(c)
Each insurance carrier or its agents assigned to or conducting a re-inspection shall be a licensed motor vehicle physical damage appraiser, and shall conduct the inspection in a professional manner consistent with training required to obtain DBR certification or licensing. If body shop testing equipment is required, a fee to be set by the director of the department of business regulation will be paid by the insurance carrier to the body shop.
History of Section.
P.L. 1993, ch. 256, § 1; P.L. 1994, ch. 86, § 4; P.L. 2012, ch. 298, § 2; P.L. 2012, ch. 329, § 2.
2023 Rhode Island General Laws › Title 27 - Insurance › Chapter 27-10.1 - Motor Vehicle Damage Appraisers › Section 27-10.1-10. - Inspection at policy inception required.

§ 27-10.1-10. Inspection at policy inception required.
No motor vehicle liability policy or endorsement insuring a private passenger motor vehicle weighing less than ten thousand (10,000) pounds for physical damage coverage, shall be issued in the state of Rhode Island unless the insurer has inspected and photographed the motor vehicle in accordance with rules and regulations set forth by the insurance division of the department of business regulation. This section does not apply to motor vehicles rated or insured under a commercial motor vehicle insurance policy. An insurer may elect to waive inspections and photographs for all motor vehicles upon written notice to the department of business regulation.
History of Section.
P.L. 1993, ch. 256, § 1; P.L. 1994, ch. 408, § 1; P.L. 2004, ch. 65, § 1; P.L. 2004, ch. 114, § 1.