| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the regulation of insurance adjusters. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. 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; [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; or |
|
|
(11) an individual employed by an insurer or an |
|
|
affiliate of the insurer who adjusts a loss not to exceed $500 |
|
|
arising from a first-party claim under a property and casualty |
|
|
insurance policy. |
|
|
SECTION 2. This Act takes effect September 1, 2017. |