WV Adjuster License -
Part I: General
Insurance Laws and
Regulations (80
questions with 100%
correct answers)
Adjuster - answer Any individual who, for compensation, fee or
commission, investigates and settles claims arising under property,
casualty or surety insurance contracts, on behalf of either the insurer or
insured. The term "adjuster" includes public adjusters, company
adjusters and crop adjusters unless specified otherwise.
Company adjuster - answer Means an adjuster representing the
interests of the insurer, including an independent contractor and a
salaried employee of the insurer.
,Crop adjuster - answer Means a person who adjusts crop insurance
claims under the federal crop insurance program administered by the
United States Department of Agriculture.
Emergency adjuster - answer Means a person who is authorized by the
Commissioner to perform adjusting activities in West Virginia.
Home state - answer Means the District of Columbia or any state or
territory of the United States in which an adjuster maintains his or her
principal place of residence or business and in which he or she is
licensed to act as a resident adjuster. If a persons principal place of
residence or business does not license adjusters for the type of adjuster
license sought in this state, he or she may designate as his or her home
state any state in which he or she has such a license.
Insurance emergency - answer Means a temporary situation declared
by the Commissioner when he or she finds that there is an inadequate
number of licensed adjusters to meet the demands of the public.
Public adjuster - answer Means an independent contractor representing
solely financial interests of the insured named in the policy.
Application for License - answer Application for an adjuster license must
be made to the Commissioner on forms prescribed by him or her and
must contain information and be accompanied by supporting
,documents as the Commissioner may require. The fee for an adjuster
license is $25.00 and must be submitted with the application.
Standards of conduct - answer An adjuster may not give legal advice
and may not deal directly with any policyholder or claimant who is
represented by legal counsel without the consent of the legal counsel
involved.
An adjuster must identify himself or herself as an independent
contractor and, if applicable, identify his or her employer when dealing
with any policyholder or claimant.
An adjuster may not have any financial interest in any adjustment or
acquire for himself or herself any interest or title in salvage, without
first receiving written authority from the principal.
Conflict prohibited - answer The Commissioner will license an individual
as a company adjuster, public adjuster, or crop adjuster. An individual
may be licensed concurrently under separate licenses but may not act
as an adjuster representing the interests of the insured and the insurer
with respect to the same claim.
License exemption - answer No person may in WV act as or hold himself
out to be an adjuster unless then licensed to do so.
, As used in this section, the term "person" does not include those
persons located in an office of an insurer outside the state of WV who
adjuster claims solely by telephone, fax, US mail and electronic mail and
who do not physically enter the state of WV in the course of adjusting
claims.
The definition of adjuster does not include, and an adjuster license will
not be required, of the following:
-An attorney at law admitted to practice in this state, when acting in
their professional capacity as an attorney.
-A person employed solely to obtain facts surrounding a claim or the
furnish technical assistance to a licensed company adjuster.
-An individual who is employed to investigate suspected fraudulent
insurance claims but who does not adjust losses or determine claim
payments.
-A person who solely performs executive, administrative, managerial, or
clerical duties or any combination thereof and who does not
investigate, negotiate, or settle claims with policyholders, claimants, or
their legal representative.
-A person who adjusts life, accident and sickness, annuity or disability
insurance claims.
-A person who adjusts claims for licensed farmers' mutual fire insurance
companies.
-A licensed insurance producer, attorney-in-fact or a reciprocal insurer
or managing general agent of the insurer to whom claim authority has
been granted by the insurer.
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