Chapter 431 — Chapter 431

§431:8-319 Actions against surplus lines insurer; service of process. (a) A surplus lines insurer may be sued upon any cause of action arising in this State under any surplus lines insurance contract made by it or evidence of insurance issued or delivered by the surplus lines bro…

§431:8-320 Penalties. (a) Any surplus lines broker who in this State represents or aids an unauthorized insurer in violation of this article may be fined not more than $1,000. (b) In addition to any other penalty provided for in this part or otherwise provided by law, including a…

§431:8-327 Prerequisites for license renewal. (a) To qualify for a license renewal, a licensee shall: (b) The required number of credit hours in approved continuing education courses shall be as follows: For purposes of this section, ethics training shall include but not be limit…

ARTICLE 9 LICENSING OF ADJUSTERS AND BILL REVIEWERS PART I. GENERAL PROVISIONS §431:9-101 Scope. This article shall govern the qualifications and procedures for granting licenses to all insurance adjusters and independent bill reviewers. [L 1987, c 347, pt of §2; am L 2000, c 288…

§§431:9-102 to 431:9-104 REPEALED. L 2001, c 216, §§28 to 30.

§431:9-105 Definitions. As used in this article, unless the context otherwise requires: "Adjuster": "Independent adjuster" means an adjuster representing the interests of the insurer. "Independent bill reviewer": "Public adjuster" means an adjuster employed by and solely represen…

PART II. LICENSING REQUIREMENTS, PROCEDURES AND ENFORCEMENT §431:9-201 License required; exception. (a) No person engaging in the business of insurance in this State shall act as, be appointed as, or hold oneself out to be an adjuster or independent bill reviewer unless so licens…

§431:9-202 REPEALED. L 2001, c 216, §31.

§431:9-203 General qualifications for license. (a) For the protection of the public, the commissioner shall not issue or extend any license for an adjuster or independent bill reviewer: (b) An applicant for a license under this article shall notify the commissioner of the applica…

§431:9-204 Applications for license. (a) Application for an adjuster or independent bill reviewer license shall be made to the commissioner upon forms prescribed and furnished by the commissioner. As a part of or in connection with the application, the applicant shall furnish inf…

§431:9-205 REPEALED. L 2001, c 216, §32.

§431:9-206 Examinations for license. Prior to the issuance of the license, each applicant for license as an adjuster or independent bill reviewer shall personally take and pass to the satisfaction of the commissioner an examination given by the commissioner as a test of the appli…

§431:9-207 Scope of examination (a) Each examination shall be as the commissioner prescribes and shall be of reasonably sufficient scope to test the applicant's knowledge relative to the classes of insurance which may be dealt with under the license applied for, and of the duties…

§431:9-208 Time of examinations. (a) The commissioner shall give examinations at such times and places within this State as are reasonably necessary to serve the convenience of both the commissioner and applicants. (b) The commissioner may require a waiting period of not more tha…

§431:9-209 Advisory board. The commissioner may, in the commissioner's discretion, appoint a group of individuals, to be known as the advisory board, to make recommendations to the commissioner concerning any matter relating to the examinations provided for by this article. Any i…

§§431:9-210 to 431:9-213 REPEALED. L 2001, c 216, §§33 to 37.

§431:9-214 REPEALED. L 2002, c 155, §107.

§§431:9-215 to 431:9-219 REPEALED. L 2001, c 216, §§38 to 42.

§431:9-220 REPEALED. L 2004, c 122, §95.

§431:9-221 REPEALED. L 2001, c 216, §43.

§431:9-222 Qualification for adjuster's license. (a) To qualify for an adjuster's license, an applicant shall comply with this article and shall: (b) In addition to the requirements in subsection (a), an applicant for a public adjuster's license must file the bond required by sec…

§431:9-222.5 Claims adjusters; limited license. (a) The commissioner may issue a limited license to an adjuster who only adjusts either workers' compensation or crop insurance claims; provided that the adjuster: (b) An adjuster with a limited license issued under this section may…

§431:9-223 Public adjuster's bond. (a) Prior to the issuance of a license as a public adjuster, the applicant for such license shall file with the commissioner and shall maintain in force while so licensed, a surety bond in favor of this State. The bond shall be executed by an au…

§431:9-224 Separate licenses. The commissioner may license an individual as an independent adjuster or as a public adjuster, and separate licenses shall be required for each type of adjuster. An individual may be concurrently licensed under separate licenses as an independent adj…

§431:9-225 Form of adjusters' license. Adjusters' licenses shall be in such form as the commissioner prescribes. The licenses shall contain:

§431:9-226 Powers conferred by an adjuster's license. (a) An adjuster has authority under the adjuster's license only to investigate for, report to, or adjust for the adjuster's principal only on behalf of the insurers if licensed as an independent adjuster, or only on behalf of …

§431:9-228 Place of business. (a) The place of business of every licensed adjuster and independent bill reviewer shall be the place where the licensee principally conducts transactions under the licensee's license. (b) The licensee shall notify the commissioner of any change of b…

§431:9-229 Records of adjuster or independent bill reviewer. (a) Every adjuster or independent bill reviewer shall keep a record of all transactions consummated under the licensee's license. This record shall be in organized form according to class of insurance and shall include:…

§431:9-230 Reporting and accounting for funds. (a) Every licensed adjuster shall have the responsibilities of a trustee for all funds and return funds received or collected under this article. (b) The licensee, upon receipt of the funds, shall either: The licensee shall not be re…

§431:9-231 REPEALED. L 2001, c 216, §44.

§431:9-232 Extension of licenses. (a) Prior to the renewal or extension of a license, each licensee shall pay the fee required in section 431:7-101. (b) A license for an adjuster or independent bill reviewer shall be inactivated if a licensee fails to pay any required fees or pen…

§431:9-235 Denial, suspension, revocation of licenses. (a) The commissioner may suspend, revoke, or refuse to extend any license issued under this article for any cause specified in any other provision of this article, or for any of the following causes: (b) The license of any pa…

§431:9-236 REPEALED. L 2006, c 154, §47.

§431:9-237 Duration of suspension. Every order suspending any license shall specify the period during which suspension will be effective. [L 1987, c 347, pt of §2; am L 2005, c 132, §3]

§431:9-238 Power to fine. (a) In addition to or in lieu of suspension, revocation, or refusal to extend any license, after a hearing, the commissioner may levy a fine upon the licensee in an amount not less than $100 and not more than $10,000. (b) The order levying the fine shall…

§431:9-239 Reinstatement or relicensing. The commissioner shall not reinstate the license of or relicense any licensee or former licensee as to whom a license has been suspended, revoked, or extension refused, until:

§431:9-240 Fine in lieu. (a) Upon the hearing of an appeal from an order suspending, revoking, or refusing to extend any license issued under this article, the court may impose a fine of not more than $10,000 in lieu of the commissioner's action, and payment of the fine within te…

§431:9-241 REPEALED. L 2006, c 154, §48.

§431:9-243 Qualification for independent bill reviewer's license. To qualify for an independent bill reviewer's license, an applicant shall comply with this article and shall: provided that any applicant who holds the credential of certified professional coder granted by the Amer…

PART III. CONTINUING EDUCATION--REPEALED §§431:9-301 to 431:9-305 REPEALED. L 2002, c 155, §108.

ARTICLE 9A [OLD] MANAGING GENERAL AGENTS--REPEALED §§431:9A-101 to 431:9A-108 REPEALED. L 2001, c 216, §47.

§431:9A-102 Definitions. As used in this article, the following definitions apply: "Approved continuing education course" means a course approved by the commissioner following receipt of recommendations from insurance professionals. "Approved course provider" means an organizatio…

§431:9A-103 License required. (a) A person shall not sell, solicit, or negotiate insurance in this State for any line, class, or classes of insurance unless the person is licensed for the proper line of authority or class in accordance with this article. (b) The proper line of au…

§431:9A-104 Exceptions to licensing. (a) Nothing in this article shall be construed to require an insurer to obtain an insurance producer license. In this section, the term "insurer" does not include an insurer's officers, directors, employees, subsidiaries, or affiliates. (b) A …

§431:9A-105 Insurance producer license examination. (a) An applicant for an insurance producer license shall pass a written examination unless exempt pursuant to section 431:9A-109. The examination shall test the knowledge of the applicant concerning the lines of authority for wh…

§431:9A-106 Application for license. (a) A person applying for an insurance producer license shall make application to the commissioner on the uniform application and declare under penalty of denial, suspension, or revocation of the license that the statements made in the applica…

§431:9A-107 License. (a) Except as provided in section 431:9A-112, a person who has met the requirements of sections 431:9A-105 and 431:9A-106 shall be issued an insurance producer license. An insurance producer may receive a license in one or more of the following lines of autho…

§431:9A-107.5 Limited license. (a) Notwithstanding any other provision of this article, the commissioner may issue: (b) The commissioner may prescribe and furnish forms calling for any information that the commissioner deems proper in connection with the application for or extens…

§431:9A-108 Nonresident licensing. (a) Except as provided in section 431:9A-112, a nonresident applicant shall receive a nonresident producer license if: (b) The commissioner may verify the producer's licensing status through the producer database maintained by the National Assoc…

§431:9A-109 Exemption from examination. (a) Subject to section 431:9A-116, an individual who applies for an insurance producer license in this State who was previously licensed for the same lines of authority in another state shall not be required to complete any prelicensing edu…