Authority of Agent to Act as Adjuster; Nonresident Adjusters; Reciprocal Agreements

  1. Law
  2. Georgia Code
  3. Insurance
  4. Licensing
  5. Agents, Agencies, Subagents, Counselors, and Adjusters
  6. Authority of Agent to Act as Adjuster; Nonresident Adjusters; Reciprocal Agreements

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  1. On behalf of and as authorized by an insurer for which he or she is licensed as agent, an agent may from time to time act as an adjuster and investigate and report upon claims without being required to be licensed as an adjuster.
  2. No license by this state shall be required:
    1. Of a nonresident independent adjuster for the adjustment in this state of a single loss or of losses arising out of a catastrophe common to all such losses; or
    2. Of a nonresident adjuster who regularly adjusts in another state and who is licensed in such other state, if such state requires a license, to act as adjuster in this state for emergency insurance adjustment work for a period not exceeding 60 days and performed for an employer that is an insurance adjuster licensed by this state or that is a regular employer of one or more insurance adjusters licensed by this state, provided that such employer shall furnish to the Commissioner a notice in writing immediately upon the beginning of the emergency insurance adjustment work.
  3. An individual residing in another state may be licensed by the Commissioner as a nonresident adjuster under the following circumstances and in the following manner:
    1. Upon written application and payment of the required license fee and without requiring a written examination, the Commissioner shall issue a license to an individual to act as a nonresident adjuster if the individual is licensed in his or her home state as an adjuster;
    2. The required fee for the license shall be the fee provided by law or the sum which is charged as a license fee for nonresident adjusters by the state of the applicant's residence, whichever is greater; and
    3. Applicants whose home state does not require a license to transact business may be licensed in this state, provided that the applicant takes the examination issued by the Commissioner where required pursuant to this chapter and the applicant submits written documentation from such applicant's resident state demonstrating the lack of licensing requirements in such state and such state's reciprocity with residents of this state.
  4. The Commissioner shall issue a license to an individual to act as a nonresident adjuster if, by the laws of the state of the applicant's residence, residents of this state may be licensed as nonresident adjusters in the same manner.
  5. The Commissioner is authorized to enter into reciprocal agreements with the appropriate official of any other jurisdiction for the purpose of implementing this Code section.
  6. No resident of Canada may be licensed as a nonresident independent adjuster unless such person has obtained a resident or home state independent adjuster license.

(Code 1981, §33-23-29, enacted by Ga. L. 1992, p. 2830, § 1; Ga. L. 2001, p. 925, § 1; Ga. L. 2008, p. 1076, § 16/SB 113; Ga. L. 2012, p. 1040, § 9/SB 203; Ga. L. 2012, p. 1350, § 8/HB 1067; Ga. L. 2019, p. 386, § 12/SB 133.)

The 2019 amendment, effective July 1, 2019, in paragraph (b)(2), in the first sentence, substituted "that is" for "who is" in two places, substituted "such employer" for "the employer", and deleted the former second sentence, which read: "The Commissioner may by rule or regulation establish criteria and procedures for adjusters operating under this Code section."


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