§1692.  Definitions

As used in this Part, unless the context requires otherwise, the following definitions shall be applicable:

(1)  "Business entity" means a corporation, association, partnership, limited liability company, limited liability partnership, or other legal entity.

(2)  "Fingerprints" means an impression of the lines on the finger taken for purpose of identification.  The impression may be electronic or in ink converted to electronic format.

(3)  "First-party claim" means a claim made by an insured or a policyholder under an insurance policy or contract that arises out of the occurrence of the contingency or loss covered by the policy or contract.

(4)  "Home state" means the District of Columbia or any state or territory of the United States in which the public adjuster's principal place of residence or principal place of business is located.  If neither the state in which the public adjuster maintains the principal place of residence nor the state in which the public adjuster maintains the principal place of business has a substantially similar law governing public adjusters, the public adjuster may declare another state in which he becomes licensed and acts as a public adjuster to be the "home state".

(5)  "Individual" means a natural person.

(6)  "Person" means an individual or a business entity.

(7)  "Public adjuster" means any person who, for any compensation, direct or indirect, engages in public adjusting.

(8)  "Public adjusting" means either of the following:

(a)  Investigating, appraising, or evaluating and reporting to an insured in relation to a first-party claim for which coverage is provided by an insurance contract that insures the property of the insured.  Public adjusting does not include acting in any manner in relation to claims for damages to or arising out of the operation of a motor vehicle.  Public adjusting does not include any activities which may constitute the unauthorized practice of law.  Nothing in this Part shall be considered as permitting the unauthorized practice of law.

(b)  Advertising for employment as a public adjuster of insurance claims or soliciting business or representing himself to the public as a public adjuster of first-party insurance claims for losses or damages arising out of policies of insurance that insure real or personal property.

(9)  "Uniform individual application" means the current version of the National Association of Insurance Commissioners (NAIC) uniform application for individual insurance license for resident and nonresident individuals.

(10)  "Uniform business entity application" means the current version of the NAIC uniform application for business entity license for resident and nonresident business entities.

Acts 2006, No. 806, §1; Redesignated from R.S. 22:1210.92 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009.