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Rhode Island General Laws 27-10-1.1. Definitions

     

(a)  “Adjuster” means an individual licensed as either a public company or independent adjuster.

Terms Used In Rhode Island General Laws 27-10-1.1

  • Contract: A legal written agreement that becomes binding when signed.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • person: may be construed to extend to and include co-partnerships and bodies corporate and politic. See Rhode Island General Laws 43-3-6
  • Personal property: All property that is not real property.
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • United States: include the several states and the territories of the United States. See Rhode Island General Laws 43-3-8

(b)  “Catastrophic disaster” according to the Federal Response Plan, means an event that results in large numbers of deaths and injuries; causes extensive damage or destruction of facilities that provide and sustain human needs; produces an overwhelming demand on state and local response resources and mechanisms; causes a severe long-term effect on general economic activity; and severely affects state, local, and private sector capabilities to begin and sustain response activities. A catastrophic disaster shall be declared by the President of the United States, the governor of the state, or the insurance commissioner.

(c)  “Company adjuster” means a person who:

(1)  Is an individual who contracts for compensation with insurers or self-insurers as an employee; and

(2)  Investigates, negotiates, or settles property, casualty, or workers’ compensation claims for insurers or for self-insurers as an employee.

(d)  “Department” means the insurance division of the department of business regulation.

(e)  “Home state” means the District of Columbia and any state or territory of the United States in which the adjuster’s principal place of residence or principal place of business is located. If neither the state in which the public adjuster maintains the principal place of residence, nor the state in which the adjuster maintains the principal place of business, has a substantially similar law governing adjusters, the adjuster may declare another state in which it becomes licensed and acts as a public adjuster to be the “home state.”

(f)  “Independent adjuster” means a person who:

(1)  Is an individual who contracts for compensation with insurers or self-insurers as an independent contractor; or

(2)  Investigates, negotiates, or settles property, casualty, or workers’ compensation claims for insurers or for self-insurers as an independent contractor.

(g)  “Insurance commissioner” means the director of the department of business regulation or his or her designee.

(h)  “NAIC” means the National Association of Insurance Commissioners.

(i)  “Public adjuster” means any person who, for compensation or any other thing of value on behalf of the insured:

(1)  Acts or aids, solely in relation to first-party claims arising under insurance contracts that insure the real or personal property of the insured, other than automobile, on behalf of an insured in negotiating for, or effecting the settlement of, a claim for loss or damage covered by an insurance contract;

(2)  Advertises for employment as a public adjuster of insurance claims or solicits business or represents himself or herself to the public as a public adjuster of first-party insurance claims for losses or damages arising out of policies of insurance that insure real or personal property; or

(3)  Directly or indirectly solicits business, investigates or adjusts losses, or advises an insured about first-party claims for losses or damages arising out of policies of insurance that insure real or personal property for another person engaged in the business of adjusting losses or damages covered by an insurance policy, for the insured.

(j)  “Uniform individual application” means the current version of the National Association of Insurance Commissioners (NAIC) Uniform Individual Application for resident and nonresident individuals.

History of Section.
P.L. 2014, ch. 107, § 2; P.L. 2014, ch. 195, § 2.

Rhode Island General Laws 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.

Terms Used In Rhode Island General Laws 27-10.1-1

  • Appraisal: A determination of property value.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Fraud: Intentional deception resulting in injury to another.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • person: may be construed to extend to and include co-partnerships and bodies corporate and politic. See Rhode Island General Laws 43-3-6

(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.