Bill Text: CT SB00319 | 2012 | General Assembly | Comm Sub

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Bill Title: An Act Exempting Certain Individuals From Casualty Adjuster Licensing Requirements.

Spectrum: Committee Bill

Status: (Introduced - Dead) 2012-04-26 - Referred by Senate to Committee on Finance, Revenue and Bonding [SB00319 Detail]

Download: Connecticut-2012-SB00319-Comm_Sub.html

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General Assembly		Raised Bill No. 319
February Session, 2012		LCO No. 1658
		*_____SB00319INS___031412____*
Referred to Committee on Insurance and Real Estate
Introduced by:
(INS)

AN ACT EXEMPTING CERTAIN INDIVIDUALS FROM CASUALTY ADJUSTER LICENSING REQUIREMENTS.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. Section 38a-792 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2012):

(a) (1) No person may act as an adjuster of casualty claims for any insurance company or firm or corporation engaged in the adjustment of casualty claims unless such person has first secured a license from the commissioner, and has paid the license fee specified in section 38a-11, for each two-year period or fraction thereof. Application for such license shall be made as provided in section 38a-769. [The commissioner may waive the requirement for examination in the case of any applicant for a casualty claims adjuster's license who is a nonresident of this state and who holds an equivalent license from any other state.] Any such license issued by the commissioner shall be in force until the thirtieth day of June in each odd-numbered year unless sooner revoked or suspended. The [license] person may, [in] at the discretion of the commissioner, [be renewed] renew the license biennially upon payment of the fee specified in section 38a-11. [The commissioner may waive the examination required under section 38a-769, in the case of an applicant who at any time within two years next preceding the date of application has been licensed in this state under a license of the same type as the license applied for.]

(2) The commissioner may waive the examination required under section 38a-769, in the case of any applicant for a casualty adjuster's license that (A) is a nonresident of this state or has its principal place of business in another state, and holds an equivalent license from any other state, or (B) at any time within two years next preceding the date of application has been licensed in this state under a license of the same type as the license applied for.

(b) The commissioner may prescribe reasonable regulations, in accordance with the provisions of chapter 54, governing the licensing of casualty adjusters and the adjustment of casualty claims.

(c) Any person who violates any provision of this section shall be fined not more than two thousand dollars or imprisoned not more than one year or both.

(d) The provisions of this section shall not apply to any: [member]

(1) (A) Individual who (i) collects claim information from or furnishes claim information to insureds or claimants, and (ii) conducts data entry including data entry into an automated claims adjudication system, provided such individual is an employee of a casualty adjuster licensed in this state and not more than twenty-five such individuals are under the supervision of such casualty adjuster or an insurance producer licensed in this state and employed by such casualty adjuster.

(B) For purposes of this subdivision, "automated claims adjudication system" means a preprogrammed computer system, designed for the collection, data entry, calculation and final resolution of cellular mobile telephone claims, that (i) is used only by a supervised individual, a casualty adjuster licensed in this state or an insurance producer licensed in this state, in accordance with subparagraph (A) of this subdivision, (ii) complies with all applicable claims payment requirements under title 38a, and (iii) is certified as complying with the provisions of this subdivision by an individual who is (I) an officer of the business entity licensed as a casualty adjuster in this state, and (II) a casualty adjuster licensed in this state;

(2) Insurance producer licensed in this state and authorized by an insurance company to adjust claims in this state on behalf of such company;

(3) Managing general agent, as defined in section 38a-90a, authorized by an insurance company to adjust claims in this state on behalf of such company;

(4) Attorney-in-fact of a reciprocal insurer authorized by such insurer to adjust claims in this state on behalf of such insurer; and

(5) Member of the bar of this state in good standing who is engaged in the general practice of the law.

This act shall take effect as follows and shall amend the following sections:
Section 1	October 1, 2012	38a-792

INS

Joint Favorable