2010 Tennessee Code
Title 56 - Insurance
Chapter 6 - Agents, Solicitors and Administrators
Part 9 - Tennessee Public Adjuster Licensing Act of 2006
56-6-903 - License requirement.

56-6-903. License requirement.

(a)  No person shall act or hold out as being a public adjuster as defined in § 56-6-902, unless licensed as a public adjuster in accordance with this part.

(b)  A person licensed as a public adjuster shall not misrepresent to a claimant that the person is an adjuster acting on behalf of or aiding an insurer in any capacity, including acting as an employee of the insurer or acting as an independent adjuster, unless so appointed by an insurer in writing to act on the insurer's behalf for that specific claim or purpose.

(c)  A business entity acting as a public adjuster is required to obtain a public adjuster license. Application shall be made using the uniform business entity application. Before approving the application, the commissioner shall find that:

     (1)  The business entity has paid the fees set forth in the rule promulgated under § 56-6-905(a)(5); and

     (2)  The business entity has designated a licensed public adjuster responsible for the business entity's compliance with the insurance laws, rules and regulations of this state.

(d)  Notwithstanding this section, a license as a public adjuster shall not be required of the following:

     (1)  An attorney at law admitted to practice in this state, or an employee of the attorney acting under the attorney's supervision;

     (2)  A person who negotiates or settles claims arising under a life or health insurance policy or an annuity contract;

     (3)  A person employed only for the purpose of obtaining facts surrounding a loss, or furnishing technical assistance to a licensed public adjuster, including, but not limited to, photographers, contractors, appraisers of value, private investigators, engineers and handwriting experts;

     (4)  A licensed health care provider, or employee of a licensed health care provider, who prepares or files a health claim form on behalf of a patient;

     (5)  A person who settles subrogation claims between insurers; or

     (6)  A person who is employed by, or under contract to, an insurance company.

[Acts 2006, ch. 997, § 4.]  

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