Section 27-1-28-6 - Independent adjuster(a) As used in this chapter, "independent adjuster" means a person, or an independent contractor or employee of a person, that:(1) contracts for compensation with insurers or self-insurers to investigate, negotiate, or settle property, casualty, or worker's compensation claims; and(2) for tax purposes is treated by the insurers or self-insurers in a manner consistent with treatment of an independent contractor rather than an employee under Title 26, Subtitle C of the Internal Revenue Code.(b) The term does not include the following: (1) An attorney who: (A) is admitted to practice in Indiana; and(B) acts in a professional capacity as an attorney.(2) A person employed solely to do any of the following:(A) Obtain facts surrounding a claim.(B) Furnish technical assistance to a licensed independent adjuster.(3) An individual: (A) who is an employee of: (i) an independent adjuster who is licensed under this chapter; or(ii) an affiliate of an independent adjuster who is licensed under this chapter;(B) who is supervised by:(i) an independent adjuster licensed under this chapter; or(ii) an insurance producer licensed under IC 27-1-15.6; who supervises not more than twenty-five (25) persons described in this subdivision; and
(C) who is employed solely to: (i) collect claim information from insureds or claimants;(ii) furnish claim information to insureds or claimants; or(iii) perform data entry into an automated claims adjudication system.(4) An individual who is employed to investigate suspected fraudulent insurance claims, but who does not adjust losses or determine claim payments.(5) A person that: (A) performs only executive, administrative, managerial, or clerical duties; and(B) does not investigate, negotiate, or settle claims with policyholders, claimants, or legal representatives of policyholders or claimants.(6) A person that settles only reinsurance or subrogation claims.(7) An officer, director, manager, or employee of an authorized insurer, a managing general agent, a surplus lines insurer, a risk retention group, or an attorney in fact of a reciprocal insurer.(8) A manager of the United States branch of an alien insurer.(9) A person that investigates, negotiates, or settles life, accident and health, annuity, or disability insurance claims.(10) Under a self-insured arrangement, an individual who adjusts claims on behalf of the individual's employer.(11) A licensed insurance producer, an attorney in fact of a reciprocal insurer, or a managing general agent of an insurer to whom claim authority has been granted by the insurer.(12) A person that is authorized to adjust worker's compensation or disability claims under the authority of a third party administrator.(13) A person that investigates, negotiates, or settles crop insurance claims.(14) An individual who: (A) does not adjust losses or determine claim payments; and(B) is employed to use a specialized skill possessed by the individual to make a determination: (i) concerning an element of a claim; and(ii) that is used by an independent adjuster, or an adjuster who is directly employed by an insurer, in adjusting a loss or determining a claim payment.Added by P.L. 11-2011, SEC. 22, eff. 7/1/2011.