MISSISSIPPI LEGISLATURE
2011 Regular Session
To: Insurance
By: Representatives Robinson, Gardner
AN ACT TO AMEND SECTION 83-17-401, MISSISSIPPI CODE OF 1972, TO EXCLUDE ANY PERSON WHO IS A MULTI-PERIL CROP INSURANCE ADJUSTER IN THE DEFINITION OF ADJUSTER; 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;
(ii) A salaried employee of an insurer who is regularly engaged in the adjustment, investigation or supervision of insurance claims;
(iii) 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;
(iv) 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;
(v) A person who performs clerical duties with no negotiations with the parties on disputed or contested claims, or both; * * *
(vi) Any person who handles claims arising under life, accident and health insurance policies; or
(vii) Any person who is a multi-peril crop insurance adjuster.
(b) "Insurer" means any insurance company or self-insured.
(c) "Commissioner" means the Commissioner of Insurance.
SECTION 2. This act shall take effect and be in force from and after July 1, 2011.