1. Except as otherwise provided in subsection 2, "adjuster" means any person who, for compensation, including, without limitation, a fee or commission, investigates and settles, and reports to his or her principal relative to, claims:
(a) Arising under insurance contracts for property, casualty or surety coverage, including, without limitation, workers’ compensation coverage, on behalf solely of the insurer or the insured; or
(b) Against a self-insurer who is providing similar coverage.
2. For the purposes of this chapter:
(a) An attorney at law who adjusts insurance losses from time to time incidental to the practice of his or her profession;
(b) An adjuster of ocean marine losses;
(c) A salaried employee of an insurer, unless the employee:
(1) Investigates, negotiates or settles workers’ compensation claims; and
(2) Obtains a license pursuant to this chapter;
(d) A salaried employee of a managing general agent maintaining an underwriting office in this state;
(e) An employee of an independent adjuster or an employee of an affiliate of an independent adjuster who is one of not more than 25 such employees under the supervision of an independent adjuster or licensed agent and who:
(1) Collects information relating to a claim for coverage arising under an insurance contract from or furnishes such information to an insured or a claimant; and
(2) Conducts data entry, including, without limitation, entering data into an automated claims adjudication system;
(f) A licensed agent who supervises not more than 25 employees described in paragraph (e);
(g) A person who is employed only to collect factual information concerning a claim for coverage arising under an insurance contract;
(h) A person who is employed solely to obtain facts surrounding a claim or to furnish technical assistance to a licensed independent adjuster;
(i) A person who is employed to investigate suspected fraudulent insurance claims but who does not adjust losses or determine the payment of claims;
(j) A person who performs only executive, administrative, managerial or clerical duties, or any combination thereof, but does not investigate, negotiate or settle claims with a policyholder or claimant or the legal representative of a policyholder or claimant;
(k) A licensed health care provider or any employee thereof who provides managed care services if those services do not include the determination of compensability;
(l) A managed care organization or any employee thereof or an organization that provides managed care services or any employee thereof if the services provided do not include the determination of compensability;
(m) A person who settles only reinsurance or subrogation claims;
(n) A broker, agent or representative of a risk retention group;
(o) An attorney-in-fact of a reciprocal insurer;
(p) A manager of a branch office of an alien insurer that is located in the United States; or
(q) A person authorized to adjust claims under the authority of a third-party administrator who holds a certificate of registration issued by the Commissioner pursuant to NRS 683A.08524, unless the person investigates, negotiates or settles workers’ compensation claims,
is not considered an adjuster.
(Added to NRS by 1971, 1661; A 1981, 270; 1987, 141; 1993, 2389; 1995, 1615; 2011, 1018, 3362; 2017, 167; 2019, 3033, effective January 1, 2020)