Bill Text: TX HB1404 | 2013-2014 | 83rd Legislature | Introduced
Bill Title: Relating to the licensing and regulation of insurance adjusters.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2013-02-26 - Referred to Insurance [HB1404 Detail]
Download: Texas-2013-HB1404-Introduced.html
83R622 KCR-F | ||
By: Smithee | H.B. No. 1404 |
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relating to the licensing and regulation of insurance adjusters. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 4101.001(a)(1), Insurance Code, is | ||
amended to read as follows: | ||
(1) "Adjuster" means a person who: | ||
(A) investigates or adjusts losses on behalf of | ||
an insurer as an independent contractor [ |
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(i) an adjustment bureau; | ||
(ii) an association; | ||
(iii) a general property and casualty agent | ||
or personal lines property and casualty agent; | ||
(iv) an independent contractor; | ||
(v) an insurer; or | ||
(vi) a managing general agent; | ||
(B) supervises the handling of claims; or | ||
(C) investigates, adjusts, supervises the | ||
handling of, or settles workers' compensation claims, including | ||
claims arising from services provided through a certified workers' | ||
compensation health care network as authorized under Chapter 1305, | ||
on behalf of an administrator, as defined by Chapter 4151, or on | ||
behalf of an insurance carrier, as defined by Section 401.011, | ||
Labor Code. | ||
SECTION 2. Section 4101.002(a), Insurance Code, is amended | ||
to read as follows: | ||
(a) This chapter does not apply to: | ||
(1) an attorney who: | ||
(A) adjusts insurance losses periodically and | ||
incidentally to the practice of law; and | ||
(B) does not represent that the attorney is an | ||
adjuster; | ||
(2) a salaried employee of an insurer who is not | ||
regularly engaged in the adjustment, investigation, or supervision | ||
of insurance claims; | ||
(3) a person employed only to furnish technical | ||
assistance to a licensed adjuster, including: | ||
(A) an attorney; | ||
(B) an engineer; | ||
(C) an estimator; | ||
(D) a handwriting expert; | ||
(E) a photographer; and | ||
(F) a private detective; | ||
(4) an agent or general agent of an authorized insurer | ||
who processes an undisputed or uncontested loss for the insurer | ||
under a policy issued by the agent or general agent; | ||
(5) a person who performs clerical duties and does not | ||
negotiate with parties to disputed or contested claims; | ||
(6) a person who handles claims arising under life, | ||
accident, and health insurance policies; | ||
(7) a person: | ||
(A) who is employed principally as: | ||
(i) a right-of-way agent; or | ||
(ii) a right-of-way and claims agent; | ||
(B) whose primary responsibility is the | ||
acquisition of easements, leases, permits, or other real property | ||
rights; and | ||
(C) who handles only claims arising out of | ||
operations under those easements, leases, permits, or other | ||
contracts or contractual obligations; | ||
(8) an individual who is employed to investigate | ||
suspected fraudulent insurance claims but who does not adjust | ||
losses or determine claims payments; | ||
(9) a public insurance adjuster licensed under Chapter | ||
4102; [ |
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(10) an individual who: | ||
(A) collects claim information from, or | ||
furnishes claim information to, an insured or claimant and enters | ||
data into an automated claims adjudication system; and | ||
(B) is employed by a licensed independent | ||
adjuster or its affiliate under circumstances in which no more than | ||
25 individuals performing duties described by Paragraph (A) are | ||
supervised by a single licensed independent adjuster or a single | ||
licensed agent; or | ||
(11) an individual who is employed by an insurer to | ||
investigate or adjust losses on behalf of the insurer, including | ||
entering into subrogation agreements or arrangements with other | ||
parties on behalf of the insurer. | ||
SECTION 3. This Act takes effect immediately if it receives | ||
a vote of two-thirds of all the members elected to each house, as | ||
provided by Section 39, Article III, Texas Constitution. If this | ||
Act does not receive the vote necessary for immediate effect, this | ||
Act takes effect September 1, 2013. |