Exceptions to Licensing
- Licensed attorneys-at-law may act or assist in adjusting claims incident to their legal practice without a license, provided they do not advertise as adjusters.
- Salaried employees of insurance companies acting as company adjusters for claims filed under policies issued by their employer do not require a license.
Definition and Classification of Adjusters
- Independent Adjuster: Acts on behalf of insurers for remuneration in claim adjustments.
- Public Adjuster: Acts on behalf of insured parties, including soliciting employment as adjusters.
Exclusivity of Adjuster Roles and Licensing
- Adjusters must be licensed either as independent or public adjusters for each insurance line; dual licensing is prohibited.
- No adjuster may act for both insurer and insured simultaneously.
- Company adjusters who are salaried employees remain exempt from licensing.
Implications for Lawyers
- Lawyers licensed as either independent or public adjusters are subject to licensing rules and cannot invoke the attorney exemption to perform adjusting outside the scope of professional legal practice.
- Advertising or practicing as an adjuster beyond incidental legal assistance disqualifies the attorney exclusion.
- Lawyers holding an adjuster license are barred from acting on behalf of the opposite party (insured if licensed as independent adjuster and vice versa).
Legal Intent and Compliance
- The provisions are designed to prevent conflicts of interest and maintain clear roles in insurance claim adjustments.
- Strict compliance with licensing and exclusivity rules is mandatory to uphold the integrity of insurance claims processing.