(a) No person shall act or hold out as being a public adjuster as defined in § 56-6-902, unless licensed as a public adjuster in accordance with this part.

Terms Used In Tennessee Code 56-6-903

  • Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
  • Attorney: means the person designated and authorized by subscribers as the attorney-in-fact having authority to obligate them on reciprocal insurance contracts. See Tennessee Code 56-16-102
  • Commissioner: means the commissioner of commerce and insurance. See Tennessee Code 56-6-902
  • Contract: A legal written agreement that becomes binding when signed.
  • Person: means an individual or a business entity. See Tennessee Code 56-6-902
  • Public adjuster: means any person, other than someone who is employed by an insurance carrier, who, for compensation or any other thing of value, on behalf of the insured:
    (i) Acts or aids, solely in relation to first party claims arising under insurance contracts that insure the real or personal property of the insured on behalf of an insured, in investigating, verifying, substaining, estimating, appraising, determining, presenting, and discussing the value of the claim, and effectuating the resolution of a claim for loss or damage covered by an insurance contract. See Tennessee Code 56-6-902
  • State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
  • Uniform business entity application: means the current version of the NAIC uniform business entity application for resident and nonresident business entities. See Tennessee Code 56-6-902
(b) A person licensed as a public adjuster shall not misrepresent to a claimant that the person is an adjuster acting on behalf of or aiding an insurer in any capacity, including acting as an employee of the insurer or acting as an independent adjuster, unless so appointed by an insurer in writing to act on the insurer’s behalf for that specific claim or purpose.
(c) A business entity acting as a public adjuster is required to obtain a public adjuster license. Application shall be made using the uniform business entity application. Before approving the application, the commissioner shall find that:

(1) The business entity has paid the fees set forth in the rule promulgated under § 56-6-905(a)(5); and
(2) The business entity has designated a licensed public adjuster responsible for the business entity’s compliance with the insurance laws, rules and regulations of this state.
(d) Notwithstanding this section, a license as a public adjuster shall not be required of the following:

(1) An attorney at law admitted to practice in this state, or an employee of the attorney acting under the attorney’s supervision;
(2) A person who negotiates or settles claims arising under a life or health insurance policy or an annuity contract;
(3) A person employed only for the purpose of obtaining facts surrounding a loss, or furnishing technical assistance to a licensed public adjuster, including, but not limited to, photographers, contractors, appraisers of value, private investigators, engineers and handwriting experts;
(4) A licensed health care provider, or employee of a licensed health care provider, who prepares or files a health claim form on behalf of a patient;
(5) A person who settles subrogation claims between insurers; or
(6) A person who is employed by, or under contract to, an insurance company.
  Previous section
Next section  
 Part 9 Contents