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ARIZONA STATE SENATE

Fifty-Fourth Legislature, Second Regular Session

 

FACT SHEET FOR S.B. 1090

 

insurance adjusters; claims certificate

Purpose

            Waives the examination requirement for adjuster license applicants who hold a claims certificate that meets outlined criteria.

Background

            Statute prohibits a person from acting as or claiming to be an adjuster unless the person obtains a license from the Director of the Department of Insurance (DOI), with certain exceptions. Individuals applying for an adjuster license must: 1) be at least 18 years old; 2) be an Arizona resident or be a resident of another state that allows Arizona residents to act as adjusters in that state; and 3) take and pass an examination that is given by or under the supervision of the Director of DOI that reasonably tests the individual's knowledge of insurance and legal responsibilities as an adjuster (A.R.S. § 20-321.01).

            An adjuster is a person who is paid to adjust, investigate or negotiate settlements of claims under property and casualty insurance contracts on behalf of an insurer or an insured and is not:
1) a licensed attorney-at-law who is qualified to practice law in Arizona; 2) a salaried employee of an insurer or of a managing general agent whose compensation is not contingent on the outcome of a claim determination; 3) a licensed insurance producer who adjusts or assists in adjustment of losses arising under policies procured through the insurance producer; 4) an employee of a political subdivision who adjusts or assists in the adjustment of losses arising under policies covering the political subdivision or persons indemnified by the political subdivision; 5) an independent contractor who solely provides technical assistance in connection with a claim; 6) a person who collects claim information from or furnishes claim information to insureds or claimants and who conducts data entry, including entering data into an automated claims adjudication system, if no more than 25 of these persons are under the supervision of a licensed adjuster or licensed insurance producer; or 7) a registered third-party administrator and their employees who engage in administering accident and health or life insurance claims. Currently, a licensed insurance producer who supervises no more than 25 persons who collect and conduct claim data is not required to obtain an adjuster license (
A.R.S. § 20-321).

            There is no anticipated fiscal impact to the state General Fund associated with this legislation.

Provisions

1.      Waives the requirement that an adjuster license applicant take and pass an examination that is given by or under the supervision of the Director of DOI, if the applicant holds a claims certificate issued by a national or state-based claims association with a certification program that consists of:

a)      at least 40 hours of pre-examination course work;

b)      a proctored examination of sufficient length to adequately determine the competency of the applicant; and

c)      at least 24 hours of continuing education that is required for certification renewals on a biennial basis.

2.      Excludes, from the definition of adjuster, a salaried employee of a third-party administrator or self-insured employer who adjusts, investigates or negotiates settlement of workers' compensation claims.

3.      Excludes, from the definition of adjuster, a licensed insurance producer who supervises no more than 25 persons who collect and conduct claim data.

4.      Makes technical and conforming changes.

5.      Becomes effective on the general effective date.

Prepared by Senate Research

January 17, 2020

MG/AB/kja