§ 31A-26-201. Requirement of license.

(1) Except as provided in Subsection (2): (a) a person may not perform, offer to perform, or solicit the opportunity to perform an act of insurance adjusting without a valid license under Section 31A-26-203; and (b) a person may not use the insurance adjusting services of another if the person knows or should know that the one providing these services does not have a license as required by law. (2) The following are exempt from the license requirement of Subsection (1), when acting in the indicated capacity: (a) an individual engaged in insurance adjusting as a regular salaried employee of, and not an independent contractor for, an insurer; (b) an arbitrator or an umpire selected by the claimant and insurer to decide, alone or with others, whether a claim should be paid and how much should be paid; (c) an attorney at law acting in an attorney-client relationship; (d) an insurance producer, but only as to: (i) a class of insurance for which the insurance producer is licensed under Section 31A-23a-106; and (ii) a claim adjusted on the request of an insurer for which the insurance producer is a producer; (e) a regular salaried employee of, and not an independent contractor for, a policyholder or claimant under an insurance policy; (f) an employee of a licensed insurance adjuster who provides only administrative or clerical assistance; (g) an individual who does not do insurance adjusting under Section 31A-26-102, but who is specially employed to obtain facts about a loss for or furnish technical assistance to a licensed adjuster or a company adjuster, including: (i) a photographer; (ii) an estimator; (iii) an appraiser; (iv) a marine surveyor; (v) a private detective; (vi) an engineer; and (vii) a handwriting expert; (h) a holder of a group insurance policy, with respect to administrative activities in connection with that insurance policy, who receives no compensation for the policyholder's services beyond the actual expenses estimated on a reasonable basis; (i) an individual engaged in insurance adjusting as a regular salaried employee of, and not an independent contractor for, an administrator licensed under Chapter 25, Third Party Administrators; or (j) a person who gives advice or assistance without compensation or expectation of compensation, direct or indirect. (3) A claim settlement between an insurer and an insured or a claimant under an insurance policy may not be considered invalid as a result of a violation of this section.