§ 4791. Definitions

As used in this chapter:

(1) “Surplus lines insurance broker” means an individual who solicits, negotiates, or procures a policy of insurance in an insurance company not licensed to transact business in this State that cannot be procured from insurers licensed to do business in this State. All transactions under the license shall be subject to the provisions of this title. Nothing contained in this chapter shall prevent a surplus lines insurance broker from assigning or transferring all or part of his or her commissions or compensation to any producer duly licensed under the provisions of this chapter.

(2) “Consultant” means an individual, resident, or nonresident who, for a fee, holds himself or herself out to the public as engaged in the business of offering any advice, counsel, opinion, or service with respect to the benefits, advantages, or disadvantages promised under any policy of insurance that could be issued in this State.

(3) “Adjuster” means any person who investigates claims or negotiates settlement of claims arising under policies of insurance in behalf of insurers under such policies, or who advertises or solicits business from insurers as an adjuster. Lawyers settling claims of clients shall not be considered an adjuster. A license as an adjuster shall not be required of an official or employee of a domestic fire or casualty insurance company or of a duly licensed resident insurance producer of a domestic or duly licensed foreign insurer who is authorized by such insurer to appraise losses under policies issued by such insurer.

(4) “Public adjuster” means any person who investigates claims or negotiates settlement of claims arising under policies of insurance in behalf of the insured under such policies or who advertises or solicits business as such adjuster. Lawyers settling claims of clients shall not be deemed to be insurance public adjusters.

(5) “Appraiser” means any person who, for compensation, appraises the loss or damage under policies of automobile insurance on the behalf of the insurers under such policies. A license as an appraiser will not be required of an official or employee of a domestic fire or casualty insurance company or of a duly licensed resident insurance producer of a domestic or duly admitted foreign insurer who is authorized by such insurer to appraise losses under policies issued by such insurer. A license will not be required of an automobile repair shop or repair facility which makes an appraisal at the request of the insured or insurer.

(6) “Insurance producer” means a person required to be licensed under the laws of this State to sell, solicit, or negotiate insurance.

(7) “Limited lines producer” means a person authorized by the Commissioner to sell, solicit, or negotiate limited lines insurance as defined in subchapter 1A of this chapter.

(8) “Business entity” means a corporation, association, partnership, limited liability company, limited liability partnership, or other legal entity.

(9) “Business entity limited lines producer” means a business entity, as defined in subdivision (8) of this section, that is also a limited lines producer, as defined in subdivision (7) of this section. (Amended 1969, No. 175 (Adj. Sess.), § 4, eff. March 5, 1970; 1973, No. 217 (Adj. Sess.), § 1; 1981, No. 210 (Adj. Sess.), § 1; 1993, No. 30, § 16, eff. May 21, 1993; 2001, No. 97 (Adj. Sess.), § 3; 2015, No. 149 (Adj. Sess.), § 30; 2019, No. 57, § 20.)