§ 2108. Adjusters; licensing and duties. (a) (1) Adjusters shall be\nlicensed as independent adjusters or as public adjusters.\n (2) The superintendent may prescribe the types of independent\nadjusters' licenses according to the kind or kinds of insurance claims\nwhich the licensee is to be authorized to investigate and adjust.\n (3) No adjuster shall act on behalf of an insurer unless licensed as\nan independent adjuster, and no adjuster shall act on behalf of an\ninsured unless licensed as a public adjuster.\n (4) No insurer, agent or other representative of an insurer shall pay\nany fees or other compensation to any person, firm, association or\ncorporation for acting as an independent adjuster except to a licensed\nindependent adjuster or to a person excepted from the licensing\nrequirement pursuant to subsection (g) of section two thousand one\nhundred one of this article.\n (b) The holder of a license under this section may act as an adjuster\nwithout any other or additional license.\n (c) (1) The superintendent may issue an independent adjuster's license\nor a public adjuster's license to any person, firm, association or\ncorporation, hereinafter designated as licensee, who, or which, is\ntrustworthy and competent to act as an adjuster in such manner as to\nsafeguard the interests of the people of this state and who, or which,\nhas complied with the prerequisites herein prescribed.\n (2) A license issued to a corporation may name as sub-licensees only\nthe officers and directors of such corporation, and a license issued to\na firm or association may name as sub-licensees only the individual\nmembers of such firm or association. Each sub-licensee named as such in\nthe license issued to a firm, association or corporation must be\nqualified to obtain a license as an independent adjuster or as a public\nadjuster, as the case may be, and for each such sub-licensee a fee must\nbe paid at the times and at the rate hereinafter specified. Each such\nsub-licensee shall be authorized, pursuant to such license, to act as an\nindependent adjuster or as a public adjuster, as the case may be, only\non behalf of the licensee.\n (3) Every individual applicant for a license under this section and\nevery proposed sub-licensee shall be eighteen years of age or over at\nthe time of the issuance of such license.\n (d) (1) Before any such license or any renewal thereof shall be issued\nby the superintendent there shall be filed in his office a written\napplication therefor. Such application shall be in the form or forms and\nsupplements and contain information the superintendent prescribes.\n (2) Each person or individual signing such application shall, with\nsuch application, submit to the superintendent fingerprints of his two\nhands recorded in such manner as may be specified by the superintendent\nor his authorized representative. Before approving such application it\nshall be the duty of the superintendent or his authorized representative\nto compare such fingerprints with fingerprints filed with the division\nof criminal justice services. Such fingerprints may also be submitted to\nthe federal bureau of investigation for a national criminal history\nrecord check.\n (3) Except in the case of an application for a license to act as an\nindependent adjuster, such application shall be approved, as to each\nperson or individual so signing the same, by not less than five\nreputable citizens of the community in which such applicant resides or\ntransacts business, each of whom shall certify that he or she has\npersonally known the person or individual for a period of at least five\nyears prior to the filing of such application, that he or she has read\nsuch application and believes each of the statements made therein to be\ntrue, that such person is honest, of good character and competent, and\nnot related or connected to the person so certifying by blood or\nmarriage. The certificate of approval shall be subscribed by such\nreputable
‹ Prev All New York sections Next ›
Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.