Insurance Regulation and Claims Practices · 6 min read
Adjuster Licensing
Types of Insurance Licenses
Insurance licensing requirements vary by state, but most states require separate licenses for different types of insurance activities. The primary license types include agent licenses, broker licenses, and adjuster licenses. Each license type authorizes specific activities and may have different qualifying requirements.
An insurance agent is a person authorized to represent one or more insurance companies in soliciting, negotiating, and effecting insurance contracts. Agents may be captive agents, representing only one insurer, or independent agents, representing multiple insurers. The agent acts on behalf of the insurance company and owes duties of loyalty to the insurer.
An insurance broker is a person who acts on behalf of the insurance applicant rather than the insurer. The broker shops among multiple insurers to find coverage that meets the client's needs. Brokers owe their primary duty to the client and typically do not have binding authority on behalf of insurers.
Claims adjusters investigate and settle insurance claims on behalf of insurers, insureds, or third parties. States recognize several categories of adjusters with different licensing requirements. Staff adjusters are employees of insurance companies and may not require a separate license in some states. Independent adjusters work as contractors for multiple insurers and generally must be licensed. Public adjusters represent policyholders in negotiating claim settlements and must be licensed in all states that regulate this activity.
Adjuster License Categories
Most states recognize three primary categories of claims adjusters, each with distinct functions and licensing requirements. Understanding these distinctions is essential for exam preparation.
Company or staff adjusters are employees of insurance companies who handle claims for their employer. Some states exempt staff adjusters from licensing requirements on the theory that the insurance company is responsible for supervising its employees. Other states require staff adjusters to hold licenses or to register with the insurance department.
Independent adjusters are self-employed or work for independent adjusting firms. They contract with insurance companies to investigate and adjust claims on the insurer's behalf. Independent adjusters must be licensed in most states. They may specialize in particular types of claims, such as property, auto, or workers' compensation claims.
Public adjusters represent policyholders rather than insurance companies. They assist insureds in preparing, presenting, and negotiating first-party insurance claims. Public adjusters typically work on a contingency fee basis, receiving a percentage of the settlement amount. All states that regulate public adjusters require them to be licensed. Public adjusters owe fiduciary duties to their clients and must avoid conflicts of interest with insurers.
Some states also recognize catastrophe adjusters who handle claims arising from major disasters. These adjusters may receive temporary licenses or emergency authorizations to assist with high-volume claim situations following hurricanes, earthquakes, or other catastrophic events.
| Type | Represents | Paid By | Typical Licensing |
|---|---|---|---|
| Staff (company) adjuster | Insurer (employer) | Salary from insurer | Licensed or exempt, depending on state |
| Independent adjuster | Insurer (by contract) | Fees from insurer or adjusting firm | Licensed in most regulating states |
| Public adjuster | Insured (first-party claims only) | Percentage of the settlement | Separate license; bond often required |
| Emergency / catastrophe adjuster | Insurer | Insurer or firm | Temporary authority after a declared disaster |
Licensing Requirements and Procedures
The requirements for obtaining an adjuster license typically include age requirements, residency or citizenship requirements, prelicensing education, examination, background checks, and application procedures. Requirements vary significantly among states.
Most states require adjuster license applicants to be at least 18 years of age. Some states require applicants to be residents of the state or to designate the state as their home state for licensing purposes. Citizenship requirements, where they exist, typically require applicants to be U.S. citizens or legal residents.
Prelicensing education requirements range from no requirement in some states to 40 or more hours of approved coursework in others. The coursework covers insurance principles, policy provisions, claims handling procedures, ethics, and state-specific laws and regulations. Some states allow applicants to satisfy education requirements through equivalent experience in the insurance industry.
Most states require applicants to pass a written examination administered by an approved testing vendor. Examinations typically include both national content covering general insurance principles and state-specific content covering the licensing state's laws and regulations. Passing scores are usually set at 70 percent or higher.
Background check requirements typically include criminal history checks and may include credit checks for certain license types, particularly public adjuster licenses. Felony convictions and misdemeanors involving dishonesty, breach of trust, or insurance fraud may disqualify applicants from licensure.
License Maintenance and Renewal
Adjuster licenses are issued for a specified term, typically two years, and must be renewed before expiration to remain valid. Renewal requirements generally include payment of renewal fees, completion of continuing education requirements, and disclosure of any changes in status or disciplinary actions.
Continuing education requirements ensure that licensed adjusters maintain current knowledge of insurance laws, claims practices, and emerging issues. Most states require adjusters to complete a specified number of continuing education hours during each license term. Requirements typically range from 12 to 24 hours per renewal period. Some states require a portion of continuing education hours to cover ethics topics.
Adjusters must notify the insurance department of any changes in address, employment, or other relevant information within specified time frames. Failure to provide timely notification may result in administrative penalties or license suspension.
Licenses may be suspended or revoked for various reasons, including failure to pay renewal fees, failure to complete continuing education, criminal convictions, disciplinary action in another state, or violations of insurance laws and regulations. Licensees subject to disciplinary action are generally entitled to notice and an opportunity for a hearing before the insurance department takes final action.
Reciprocity and Nonresident Licensing
Most states participate in reciprocal licensing arrangements that allow adjusters licensed in one state to obtain licenses in other states without retaking examinations. These arrangements facilitate the movement of adjusters across state lines, which is particularly important during catastrophic events when large numbers of adjusters are needed quickly.
To obtain a nonresident license, an adjuster typically must hold a valid license in good standing in a home state or designated home state. The applicant must submit an application to the nonresident state, pay required fees, and satisfy any state-specific requirements. Many states process nonresident applications through the NAIC's State Based Systems or the National Insurance Producer Registry.
The designated home state concept, promoted by the NAIC, allows adjusters who reside in states that do not require adjuster licensing to designate another state as their home state for licensing purposes. This ensures that all adjusters are subject to regulatory oversight by at least one state.
Some states impose additional requirements on nonresident adjusters, such as appointment by an insurer authorized to do business in the state, maintenance of a bond or errors and omissions insurance, or registration with the state before adjusting claims. Adjusters should verify specific requirements before adjusting claims in any state.
Finished reading?
Lock it in with a quick Insurance Regulation and Claims Practices quiz.