40-5503. License required; limitations; exceptions. - Kansas Statutes

40-5503

Chapter 40.--INSURANCE Article 55.--PUBLIC ADJUSTERS LICENSING ACT

      40-5503.   License required; limitations;exceptions.(a) A person shall not act as or represent that such personis apublicadjuster inthis state unless the person is an individual licensed as a public adjuster inaccordance with thisact.

      (b)   A licensed public adjuster shall not misrepresent to a claimant that theindividual is anadjuster representing an insurer in any capacity, including acting as anemployee of the insurer oracting as an independent adjuster, unless so appointed by an insurer in writingto act on theinsurer's behalf for that specific claim or purpose. A licensed public adjusteris prohibited fromcharging that specific claimant a fee when appointed by the insurer and theappointment isaccepted by the licensed public adjuster.

      (c)   Notwithstanding the provisions of this section, a license as a publicadjuster shall notbe required of the following:

      (1)   An attorney-at-law admitted to practice in this state, when acting insuch person'sprofessional capacity as an attorney;

      (2)   a person who negotiates or settles claims arising under a life or healthinsurancepolicy or an annuity contract;

      (3)   a person employed only for the purpose of obtaining facts surrounding aloss orfurnishing technical assistance to a licensed public adjuster, includingphotographers, estimators,private investigators, engineers and handwriting experts;

      (4)   a licensed health care provider, or employee of a licensed health careprovider, whoprepares or files a health claim form on behalf of a patient; or

      (5)   a person who settles subrogation claims between insurers.

      History:   L. 2009, ch. 83, § 3; Apr. 23.