Senate Bill 2090

AN ACT TO AMEND SECTION 83-17-401, MISSISSIPPI CODE OF 1972, TO REVISE THE DEFINITION OF THE TERM "ADJUSTER" TO INCLUDE SALARIED EMPLOYEES OF INSURERS WHO ARE REGULARLY ENGAGED IN THE ADJUSTMENT, INVESTIGATION OR SUPERVISION OF INSURANCE CLAIMS; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 83-17-401, Mississippi Code of 1972, is amended as follows:

83-17-401. As used in this article, unless the context otherwise requires:

(a) "Adjuster" means any person who, as an independent contractor, or as an employee of an independent contractor, adjustment bureau, association, insurance company or corporation, managing general agent or self-insured, investigates or adjusts losses on behalf of either an insurer or a self-insured, or any person who supervises the handling of claims. "Adjuster" shall not include:

(i) An attorney at law who adjusts insurance losses from time to time and incidental to the practice of law, and who does not advertise or represent that he is an adjuster;

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(ii) Persons employed only for the purpose of furnishing technical assistance to a licensed adjuster, including, but not limited to, photographers, estimators, private detectives, engineers, handwriting experts and attorneys at law;

(iii) A licensed agent or general agent of an authorized insurer who processes undisputed or uncontested losses, or both, for such insurer under policies issued by the licensed agent or general agent;

(iv) A person who performs clerical duties with no negotiations with the parties on disputed or contested claims, or both; or

(v) Any person who handles claims arising under life, accident and health insurance policies.

(b) "Insurer" means any insurance company or self-insured.

SECTION 2. This act shall take effect and be in force from and after July 1, 2005.