W. Va. Code R. § 114-25-4

Current through Register Vol. XLI, No. 45, November 8, 2024

Section 114-25-4 - Emergency Adjuster Licensing

4.1. Upon declaration of an insurance emergency, a licensed insurer may apply to the Commissioner requesting the issuance of emergency licenses to persons designated in the application to act as emergency adjusters. The application shall be in the format on the Commissioner's website and shall be submitted electronically by the insurer.

4.2. A person who is otherwise qualified to adjust claims, but is not licensed in this state, may act as an emergency company or independent adjuster in this state if, within five days of the declared insurance emergency, the insurer notifies the Commissioner by completing a form on the Commissioner's website and providing the following information:

4.2.a. Name and address;

4.2.b. National Producer Number, if available;

4.2.c. Name of the insurer the adjuster will represent as an emergency adjuster;

4.2.d. Effective date of the contract between the insurer and independent adjuster, if applicable;

4.2.e. Insurance emergency or loss control number (e.g., Emergency Order 20-01);

4.2.f. Insurance emergency event name (e.g., 2016 flood or 2020 COVID-19 pandemic); and

4.2.g. Any other information the Commissioner deems necessary.

4.3. For purposes of subsection 4.2, the term "otherwise qualified" refers to an adjuster who is not currently licensed in West Virginia, but who is appropriately licensed as an adjuster in another state that has a reciprocal licensing relationship with West Virginia; an adjuster who formerly held a West Virginia adjuster license that was in good standing with the Commissioner, but has since let his or her adjuster license expire; or a licensed adjuster in West Virginia who does not hold the requisite line of authority to adjust the type of claims necessary during the declared insurance emergency.

4.4. A person not otherwise qualified under subsections 4.2 and 4.3 of this rule to adjust claims in West Virginia upon proper notification to the Commissioner during a declared insurance emergency may still apply for an emergency adjuster license pursuant to subsection 4.1 of this rule.

4.5. The Commissioner shall act on a fully completed emergency adjuster application within 24 hours after it has been received in his or her office.

4.6. An emergency license is effective for a period not to exceed ninety (90) days unless extended for an additional period by the Commissioner.

4.7. The Commissioner may, without notice and hearing, revoke the privileges of an individual holding an emergency license on grounds specified by this rule.

4.8. Emergency adjusters must keep in their possession at all times the West Virginia emergency adjuster license in order to be eligible to adjust emergency claims.

4.9. Insurers are responsible for their designated adjusters and will be held accountable for such adjusters' acts or failures to act.

4.10. The fee of an emergency adjuster application and licensure shall be the same fee as set forth in W.Va. Code § 33-12B-8.

W. Va. Code R. § 114-25-4