Bill Text: MS HB553 | 2011 | Regular Session | Enrolled

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Bill Title: Insurance adjuster; exclude any person who is a multi-peril crop insurance adjuster in definition of.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2011-03-30 - Approved by Governor [HB553 Detail]

Download: Mississippi-2011-HB553-Enrolled.html

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MISSISSIPPI LEGISLATURE

2011 Regular Session

To: Insurance

By: Representatives Robinson, Gardner

House Bill 553

(As Sent to Governor)

AN ACT TO AMEND SECTION 83-17-401, MISSISSIPPI CODE OF 1972, TO EXCLUDE ANY PERSON WHO IS A MULTI-PERIL CROP INSURANCE ADJUSTER IN THE DEFINITION OF ADJUSTER; AND FOR RELATED PURPOSES.

     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

     SECTION 1.  Section 83-17-401, Mississippi Code of 1972, is amended as follows:

     83-17-401.  As used in this article, unless the context otherwise requires:

          (a)  "Adjuster" means any person who, as an independent contractor, or as an employee of an independent contractor, adjustment bureau, association, insurance company or corporation, managing general agent or self-insured, investigates or adjusts losses on behalf of either an insurer or a self-insured, or any person who supervises the handling of claims.  "Adjuster" shall not include:

              (i)  An attorney at law who adjusts insurance losses from time to time and incidental to the practice of law, and who does not advertise or represent that he is an adjuster;

              (ii)  A salaried employee of an insurer who is regularly engaged in the adjustment, investigation or supervision of insurance claims;

              (iii)  Persons employed only for the purpose of furnishing technical assistance to a licensed adjuster, including, but not limited to, photographers, estimators, private detectives, engineers, handwriting experts and attorneys at law;

              (iv)  A licensed agent or general agent of an authorized insurer who processes undisputed or uncontested losses, or both, for such insurer under policies issued by the licensed agent or general agent;

              (v)  A person who performs clerical duties with no negotiations with the parties on disputed or contested claims, or both; * * *

              (vi)  Any person who handles claims arising under life, accident and health insurance policies; or

              (vii)  Any person who is a multi-peril crop insurance adjuster.

          (b)  "Insurer" means any insurance company or self-insured.

          (c)  "Commissioner" means the Commissioner of Insurance.

     SECTION 2.  This act shall take effect and be in force from and after July 1, 2011.

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