N.M. Admin. Code § 13.4.8.18

Current through Register Vol. 35, No. 17, September 10, 2024

Section 13.4.8.18 - EMPLOYMENT OF EMERGENCY ADJUSTERS

In the event of an emergency requiring the immediate expansion of adjuster services in this state, an insurer or a public adjuster licensed in this state may request authority from the superintendent to employ adjusters to assist with the emergency who are not licensed in this state but who have fulfilled all licensing requirements in their home or in a designated home state and are in good standing in the state of licensure.

A.Request to employ emergency adjusters. An insurer or public adjuster requesting authority to employ emergency adjusters shall provide the superintendent with the following information:

(1) the nature of the emergency and the affected region of the state;

(2) a list of the emergency adjusters that the insurer or public adjuster shall use that are not licensed in this state, including the following information for each emergency adjuster:

(a) name,

(b) home address,

(c) last four digits of social security number,

(d) national producer number,

(e) home state where the adjuster is licensed, and

(f) the effective date of the contract between the adjuster and the insurer or public adjuster;

(3) for the individual designated by the insurer or public adjuster who will be responsible for the conduct of these adjusters:

(a) name,

(b) contact information,

(c) national producer number, and

(d) New Mexico license number; and

(4) any other information that the superintendent may require.

B.Limits on use of emergency adjusters.

(1) The adjustment of claims by the adjusters listed in Paragraph (2) of Subsection A of this section shall be limited to claims arising from the emergency. An emergency adjuster shall, as to claims and losses, have the powers of the employer, subject to extension or limitation by contract.

(2) Use of the listed adjusters shall be limited to the 90 days immediately following the emergency, unless an extension of time is requested by the insurer or public adjuster and granted by the superintendent.

C.Approval of emergency adjusters.

(1) A request by an insurer or public adjuster to employ emergency adjusters to assist with an emergency who are not licensed in New Mexico but who are currently licensed and in good standing in their home state shall be deemed approved unless the request is disapproved by the superintendent within three business days of its submission to the superintendent.

(2) An insurer or public adjuster that requests authorization pursuant to this section may commence employing the adjusters listed in Paragraph (2) of Subsection A of this section while awaiting the superintendent's decision on their request.

D.Denial. An insurer or public adjuster may not utilize emergency adjusters who do not have an adjuster's license issued by the home state or designated home state.

N.M. Admin. Code § 13.4.8.18

Adopted by New Mexico Register, Volume XXX, Issue 11, June 11, 2019, eff. 7/1/2019