31A-26-201. Requirement of license.
(1) Except as provided in Subsection: (2) 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; and 31A-26-203 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, when acting in the indicated capacity: (1) an individual engaged in insurance adjusting as a regular salaried employee of, and not an independent contractor for, an insurer; 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; an attorney at law acting in an attorney-client relationship; an insurance producer, but only as to: a class of insurance for which the insurance producer is licensed under Section; and 31A-23a-106 a claim adjusted on the request of an insurer for which the insurance producer is a producer; a regular salaried employee of, and not an independent contractor for, a policyholder or claimant under an insurance policy; an employee of a licensed insurance adjuster who provides only administrative or clerical assistance; an individual who does not do insurance adjusting under Section, 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: 31A-26-102 a photographer; an estimator; an appraiser; a marine surveyor; a private detective; an engineer; and a handwriting expert; 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; an individual engaged in insurance adjusting as a regular salaried employee of, and not an independent contractor for, an administrator licensed under; or Chapter 25, Third Party Administrators 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.