Committee Substitute
House Bill 2758 History
OTHER VERSIONS -
Introduced Version
|
Enrolled Version - Final Version
|
| Email
Key: Green = existing Code. Red = new code to be enacted
COMMITTEE SUBSTITUTE
FOR
H. B. 2758
(By Delegates Carper, Ashley, L. White, Rutledge and Douglas)
(Originating in the House Committee on Banking and Insurance)
[March 31, 1993]
A BILL to amend and reenact sections four, five, six and eight,
article twelve-b, chapter thirty-three of the code of West
Virginia, one thousand nine hundred thirty-one, as amended;
and to further amend said article by adding thereto a new
section, designated section eleven-a, all relating to
insurance adjusters; license requirements and exceptions;
applications for licenses; fees and exceptions; authorizing
emergency insurance adjusters; application of insurance
company; approval and limitations.
Be it enacted by the Legislature of West Virginia:
That sections four, five, six and eight, article twelve-b,
chapter thirty-three of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, be amended and reenacted;
and that said article be further amended by adding thereto a new
section, designated section eleven-a, all to read as follows:
ARTICLE 12B. ADJUSTERS.
§33-12B-4. License required; exception for emergency adjusters.
No person shall in West Virginia act as or hold himself out
to be an adjuster unless then licensed therefor pursuant to this
article:
Provided,
That the provisions of this section do not
apply to emergency insurance adjusters as defined in section
eleven-a of this article.
§33-12B-5. Qualifications for adjuster's license; examinations;
exemptions.
(a) For the protection of the people of West Virginia, the
commissioner shall not issue, renew or permit to exist any
adjuster's license, except to an individual who:
(a)(1) Is eighteen years of age or more.
(b)(2) Is a resident of West Virginia, except for
nonresident adjusters as provided in section nine of this
article.
(c)(3) Satisfies the commissioner that he is trustworthy and
competent.
(b) For purposes of subdivision (3) of subsection (a)
herein, the commissioner may, at his discretion, test the
competency of an applicant for a license under this section by
examination. If such examination is required by the
commissioner, each examinee shall pay a twenty-five dollar
examination fee for each examination to the commissioner which
fees shall be used for the purposes set forth in section
thirteen, article three of this chapter. The commissioner may,
at his discretion, designate an independent testing service to
prepare and administer such examination subject to direction andapproval by the commissioner, and examination fees charged by
such service shall be paid by the applicant.
(d)(c) Any applicant who is engaged in the practice of
professional insurance adjusting prior to the first day of July,
one thousand nine hundred eighty-nine shall be exempt from the
examination requirement of subdivision (c) subsection (b) of this
section.
(d) The requirements of this section shall not apply to
licenses issued to emergency adjusters as defined in section
eleven-a of this article.
§33-12B-6. Application.
(a) Application for an adjuster's license or renewal thereof
or emergency adjusters' licenses shall be made to the
commissioner upon a form prescribed by him and shall contain such
information and be accompanied by such supporting documents as
the commissioner may require, and the commissioner may require
such application to be made under the applicant's oath.
(b) Willful misrepresentation of any fact in any such
application or any documents in support thereof is a violation of
this chapter.
§33-12B-8. License fee; exemptions.
The fee for an adjuster's license shall be twenty-five
dollars as provided in section thirteen, article three of this
chapter: , except
Provided,
That when any other state imposes a
tax, bond, fine, penalty, license fee or other obligation or
prohibition on adjusters resident in this state, the same tax,
bond, fine, penalty, license fee or other obligation or
prohibition shall be imposed upon adjusters (where licensing ofnonresident adjusters is permitted under this article) of each
other state licensed or seeking a license in this state. All
fees and moneys so collected shall be used for the purposes set
forth in section thirteen, article three of this chapter:
Provided, however,
That the provisions of this section shall not
apply to emergency insurance adjusters as defined in section
eleven-a of this article.
§33-12B-11a. Emergency adjusters and insurance emergencies;
definitions; authorization of temporary emergency
adjusters; applications; limitations and
authority.
(a) For purposes of this section, the following definitions
shall apply:
(1) "Emergency adjuster" means an individual authorized by
the commissioner to act as an insurance adjuster in the
circumstances of an insurance emergency.
(2) "Insurance emergency" means a temporary situation as
declared by the insurance commissioner when the number of
licensed adjusters in the state of West Virginia is inadequate to
meet the demands of the public.
(b) Whenever the commissioner determines that a state
insurance emergency exists in the state of West Virginia, the
commissioner may authorize individuals to be emergency adjusters.
The commissioner may authorize such number of additional
adjusters as he considers necessary to adequately address the
emergency condition existing in the state.
(c) Any insurance company licensed to do business in this
state may submit to the commissioner an application requestingappointment and authorization of one or more emergency adjusters.
Each such application shall state the names of any individuals
that the company wishes to be authorized as emergency adjusters
and other information as the commissioner may require.
(d) The commissioner shall act on the application within
twenty-four hours after such application has been submitted to
him. Emergency adjusters shall be authorized to act as such only
upon approval of the application by the commissioner.
(e) Any such emergency license is valid only for so long as
the commissioner specifies, not to exceed a period of one hundred
twenty days.
(f) During the time an individual is licensed as an
emergency adjuster, he or she has the same power, authority and
responsibility as other adjusters authorized by this article.