New Jersey Administrative Code › Title 11 - INSURANCE › Chapter 1 - ADMINISTRATION › Subchapter 37 - LICENSING OF PUBLIC ADJUSTERS › Section 11:1-37.2 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise:
"Business entity" means a corporation, association, partnership, limited liability company, limited liability partnership, or other legal entity.
"Catastrophic loss occurrence" means an occurrence designated by the President of the United States, the Federal Emergency Management Agency, the Governor of New Jersey, the State Office of Emergency Management in the Division of Law and Public Safety, or any other authorized Federal, State or local agency, as an emergency or a disaster and includes, but is not limited to, a flood, hurricane, storm or earthquake.
"Commissioner" means the Commissioner of the New Jersey Department of Banking and Insurance.
"Contact course" means a classroom presentation, seminar, lecture, or teleconference with monitored attendance and an instructor present.
"Credit hour" means one hour of credit based on classroom attendance or an approved hour for seminars and self-study calculated in accordance with the provisions of 11:17-3.6(b).
"Department" means the New Jersey Department of Banking and Insurance.
"Financial institution" means a Federal or State chartered bank, savings bank or savings and loan institution which is a member of the Federal Deposit Insurance Corporation (FDIC) or is otherwise insured by an agency of the Federal government.
"First time applicant" means a person who has not been licensed as a public adjuster within the 12-month period prior to application.
"Home state" means the District of Columbia, and any state or territory of the United States in which the public adjuster maintains his or her principal place of residence or principal place of business and is licensed to act as a resident public adjuster.
"Insurance education provider" means any insurance school, authorized insurer, recognized producer, public adjuster or insurance trade association, accredited college, university or trade school, or other institution or organization that is approved by the Department in accordance with N.J.A.C. 11:17-3 to provide continuing education for insurance public adjusters in this State.
"Interactive online course" means a computer online or Internet course with an internal testing program that can monitor if the licensee responded with at least 70 percent correct answers without access to online materials.
"Nonresident" means a person for whom a state other than New Jersey has been designated the home state for the purposes of licensure.
"Person" means any individual, corporation, organization, firm, association, partnership or other legal entity.
"Public adjuster" or "adjuster" means any individual, firm, association or corporation, except as excluded at 11:1-37.1(c), who, or which, for money, commission or any other thing of value, acts or aids in any manner on behalf of an insured in negotiating for, or effecting, the settlement of claims for loss or damage caused by, or resulting from, any accident, incident or occurrence covered under a property insurance policy, including but not limited to, a flood, transit, inland marine or ocean marine policy; or who, or which, advertises for, or solicits employment as an adjuster of those claims. It shall also mean any individual, who, for money, commission or any other thing of value, solicits or adjusts those claims, in whole or in part, on behalf of any public adjuster.
"Resident (of New Jersey)" means a person who either resides in New Jersey or maintains an office in New Jersey where business is transacted.
"Self-study or self-directed course" means a continuing education course with study material in test, video, audio, or computerized format including interactive online courses, that is completed by successfully passing a test of the subject matter.
"Statutory trust" means a trust in accordance with the provisions of 17:22B-13.
"Sublicensee" means an individual who is licensed as a public adjuster and is an officer or director of a corporation which is a licensed public adjuster or who is a member of a firm, association or partnership which is a licensed public adjuster.
"Temporary sublicensee" means an individual who, as the result of a catastrophic loss occurrence, is acting as a public adjuster and is sponsored by and works directly under the supervision of a licensed public adjuster in accordance with a temporary sublicense issued by the Commissioner pursuant to 11:1-37.7.