Texas Statutes (Last Updated: January 4, 2014) |
INSURANCE CODE |
Title 13. REGULATION OF PROFESSIONALS |
Subtitle C. ADJUSTERS |
Chapter 4101. INSURANCE ADJUSTERS |
Subchapter A. GENERAL PROVISIONS |
Sec. 4101.002. GENERAL EXEMPTIONS
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(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; or
(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.
(b) A nonresident adjuster is not required to hold a license under this chapter to:
(1) adjust a single loss in this state;
(2) adjust losses arising out of a catastrophe common to all those losses; or
(3) act as a temporary substitute for a licensed adjuster.
(c) For purposes of Subsection (a)(6), claims arising under workers' compensation insurance policies, including claims relating to services provided through a certified workers' compensation health care network authorized under Chapter 1305, do not constitute claims arising under life, accident, or health insurance policies.
(d) A licensed agent acting as a supervisor under Subsection (a)(10) is not required to be licensed as an adjuster.