§ 58-33A-5. (Effective July 1, 2010) Definitions. - North Carolina Statutes

§ 58‑33A‑5. (Effective July 1, 2010) Definitions.

(1)        Business entity. – Acorporation, association, partnership, limited liability company, limitedliability partnership, or other legal entity.

(2)        Catastrophicincident. – As defined in the National Response Framework, any natural or man‑madeincident, including terrorism, that results in extraordinary levels of masscasualties, damage, or disruption severely affecting the population,infrastructure, environment, economy, national morale, and/or governmentfunctions. A catastrophic incident shall be declared by the President of theUnited States or the Governor of the state or district in which the disasteroccurred. If state and local resources are insufficient, the Governor may askthe President of the United States to make such a declaration.

(3)        Fingerprints. – Animpression of the lines on the finger taken for purpose of identification. Theimpression may be electronic or in ink converted to electronic format.

(4)        Home state. – TheDistrict of Columbia and any state or territory of the United States in whichthe public adjuster's principal place of residence or principal place ofbusiness is located. If neither the state in which the public adjustermaintains the principal place of residence nor the state in which the publicadjuster maintains the principal place of business has a substantially similarlaw governing public adjusters, the public adjuster may declare another statein which it becomes licensed and acts as a public adjuster to be the home state.

(5)        Individual. – Anatural person.

(6)        Person. – Anindividual or a business entity.

(7)        Public adjuster. – Anyperson who, for compensation or any other thing of value on behalf of theinsured, does any of the following:

a.         Acts or aids, solelyin relation to first‑party claims arising under insurance contracts thatinsure the real or personal property of the insured, on behalf of an insured innegotiating for, or effecting the settlement of, a claim for loss or damagecovered by an insurance contract.

b.         Advertises foremployment as a public adjuster of insurance claims or solicits business orrepresents himself or herself to the public as a public adjuster of first‑partyinsurance claims for losses or damages arising out of policies of insurance thatinsure real or personal property.

c.         Directly orindirectly solicits business, investigates or adjusts losses, or advises aninsured about first‑party claims for losses or damages arising out ofpolicies of insurance that insure real or personal property for another personengaged in the business of adjusting losses or damages covered by an insurancepolicy for the insured.

(8)        Uniform businessentity application. – The current version of the NAIC Uniform Business EntityApplication for resident and nonresident business entities.

(9)        Uniform individualapplication. – The current version of the NAIC Uniform Individual Applicationfor resident and nonresident individuals.  (2009‑565, s. 1.)