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States Requiring Licensing of Non-Resident Staff Ocean Marine Claims Adjusters

Updated on March 2023

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This chart should not be interpreted as legal advice.

Stat./reg. provision requiring licensing
Stat./reg. provision requiring licensing
Licensing exception for singular or unusual losses?
Testing required?
Continuing ed. required?
Penalty for other violations of licensing provisions

California


Statreg

No.

However, effective January 1, 2023: Cal. Ins. Code § 1725.5(c) requires specific resident and non-resident insurance producers, independent insurance adjusters, public insurance adjusters, and analysts to include their license number on emails involving an activity for which a license is required so consumers can confirm that the person maintains an active license with the California Department of Insurance.

Stat/reg provision relating to nonresident licensing/ application  
Licensing exception for singular or unusual losses?  
Testing required?  
Continuing ed. required?  
Penalty for violation of license requirement  
Penalty for other violations of licensing provisions  

Connecticut


Statreg

Conn. Gen. Stat. § 38a-792(a)(1).

Stat/reg provision relating to nonresident licensing/ application

Conn. Gen. Stat. § 38a-769(a).

Licensing exception for singular or unusual losses?

 No

Testing required?

Yes. Conn. Gen. Stat. § 38a-769(c).

However, discretionarily waived if licensed elsewhere.
Conn. Gen. Stat. § 38a-792(a)(2).

Continuing ed. required?

No.

Penalty for violation of license requirement

$2,000 fine and/or up to one year in jail.
Conn. Gen. Stat. §38a-792(c).

Penalty for other violations of licensing provisions

Suspension, revocation, $2,000 fine and/or up to one year in jail.
Conn. Gen. Stat. §§ 38a-774(a), 38a-792(c).

Delaware


Statreg

18 Del. C. § 1703.

Stat/reg provision relating to nonresident licensing/ application

18 Del. C. § 1708.

Licensing exception for singular or unusual losses?

Yes.

No license required for investigating "particularly unusual or extraordinary loss." 18 Del. C. § 1707(e)(1).

Temporary license may be issued for up to 180 days if the Insurance Commissioner deems it necessary for servicing of insurance business. 18 Del. C. §1711

Testing required?

Yes. 18 Del. C. § 1705.

However, waived if licensed elsewhere, home state requires examination, and home state reciprocates. 18 Del. C. §§ 1708(a), 1709, 1717(a).

Continuing ed. required?

Yes. 18 Del. C. § 1718.

However, waived if licensed elsewhere and home state reciprocates.
18 Del. C. § 1717(b).

Penalty for violation of license requirement

Fine between $200 and $20,000 per violation.
18 Del. C. §§ 1712, 1707(g).

Penalty for other violations of licensing provisions

Probation, suspension, revocation, fine between $200 and $20,000 per violation.
18 Del. C. §§ 1712, 1707(g).

Florida


Statreg

Fla. Stat. Ann. § 626.112(1)(a).

Stat/reg provision relating to nonresident licensing/ application

Fla. Stat. Ann. §§ 626.8582, 626.8732.

Licensing exception for singular or unusual losses?

Yes.

Allows for "emergency" or "catastrophe" adjuster to be designated and certified to the department under fixed conditions for the period of the emergency. Fla. Stat. Ann. §§ 626.859, 626.874.

Exemption for attorneys licensed to practice in Florida to act as adjuster. Fla. Stat. Ann. § 626.860*.

 

Testing required?

Yes. Fla. Stat. Ann. §§ 626.241, 626.8732.

However, waived if completed similar exam in home state or was licensed before test was required, or if meets certain qualification or education requirements. Fla. Stat. Ann. § 626.221(2)*.

 

Continuing ed. required?

Yes. Fla. Stat. Ann. §§ 626.869, 626.2815*.

However, waived if requirement met in home state or other state, and
that state reciprocates.
Fla. Stat. Ann. § 626.2815(6).

Waived for renewal of limited license, including marine, if licensed prior to October 1, 1990. Fla. Stat. Ann. § 626.869(2).

Penalty for violation of license requirement

Knowingly transacting without a license consitutes third degree felony punishable by up to $5,000 fine or "nonstate prison sanction" such as probation, house arrest, county jail, or diversionary program. Fla. Stat. Ann. § 626.112(9).

Penalty for other violations of licensing provisions

Probation, suspension, revocation, and/or fine up to $500, or $3,500 for willful violation. Fla. Stat. Ann. §§ 626.681(1), 626.207*.

Kentucky


Statreg

Ky. Rev. Stat. § 304.9-080(2).

Stat/reg provision relating to nonresident licensing/ application

Ky. Rev. Stat. § 304.9-430(15)(b)(1)-(4).

Licensing exception for singular or unusual losses?

Yes.

Allows for licensing exemption to investigate and/or adjust "particular loss resulting from a catastrophe, or for…a series of losses resulting from a catastrophe common to all losses." Ky. Rev. Stat. § 304.9-430(10)(a).

Allows for temporary registration for emergency independent or staff adjusters in the event of a catastrophe declared in Kentucky. Ky. Rev. Stat. § 304.9-430(14).

Testing required?

Yes. Ky. Rev. Stat. § 304.9-430(2)(c)(5).

However, waived if licensed elsewhere and home state reciprocates. Ky. Rev. Stat. § 304.9-430(15)(b)(1)-(4).

Continuing ed. required?

Yes. Ky. Rev. Stat. § 304.9-295.

However, waived if requirement met in home state and home state reciprocates. Ky. Rev. Stat. § 304.9-295(3)(c).

Penalty for violation of license requirement

Fine up to $2,000, or fine of greater of $100 or twice the amount of the gain from the commission of the violation.
Ky. Rev. Stat. §§ 304.9-440(1), 304.99-020(1), 304.9-436, 304.99-010.

Penalty for other violations of licensing provisions

Probation, suspension, revocation, or fine up to $2,000, or fine of greater of $100 or twice the amount of the gain from the commission of the violation.
Ky. Rev. Stat. §§ 304.9-440(1), 304.99-020(1), 304.9-436, 304.99-010.

Louisiana


Statreg

La. Stat. Ann.-R.S. § 22:1663(A).

Stat/reg provision relating to nonresident licensing/ application

La. Stat. Ann.-R.S. § 22.1670.

Licensing exception for singular or unusual losses?

Yes.

No license required for catastrophe or emergency claims adjuster, subject to registration with commissioner. Catastrophe/emergency adjuster license effective for up to 180 days, with possibility to extend by 90 days with permission of commissioner of insurance. La. Stat. Ann.-R.S. § 22:1667.

Testing required?

Yes. La. Stat. Ann.-R.S. § 22:1668.

However, waived if licensed in another state and passed an examination there.
La. Stat. Rev.-R.S. § 22:1670(A)(1).

Continuing ed. required?

Yes.

However, waived if requirement is met in home state and
home state reciprocates. La. Rev. Stat.-R.S. § 22:1673(B)(2).

Penalty for violation of license requirement

Fine up to $500 per violation, up to aggregate of $10,000 per calendar year. La. Rev. Stat.-R.S. § 22:1672(A).

Penalty for other violations of licensing provisions

Suspension, revocation, or fine up to $500 per violation, up to aggregate of $10,000 per calendar year. La. Rev. Stat.-R.S. § 22:1672(A).

New Hampshire


Statreg

N.H. Rev. Stat. § 402-B:1.

Stat/reg provision relating to nonresident licensing/ application

N.H. Rev. Stat. § 402-B:3.

Licensing exception for singular or unusual losses?

Yes.

In the event of an emergency or disaster, the commissioner of insurance may issue license to qualified persons, at commissioner's discretion. N.H. Rev. Stat. § 402-B:11.

Testing required?

Yes. N.H. Rev. Stat. § 402-B:4.

Waived if licensed elsewhere, and waived for attorneys-at-law.
N.H. Rev. Stat. § 402-B:5.

Continuing ed. required?

Yes.

However, waived if requirement met in home state or designated home state.
N.H. Rev. Stat. § 402-B:5-a.

Penalty for violation of license requirement

Misdemeanor offense for natural person, or felony if other person, and fine up to $2,500 for each violation. N.H. Rev. Stat. § 402-B:13.

Penalty for other violations of licensing provisions

Suspension, revocation, Misdemeanor offense for natural person, or felony if other person, and fine up to $2,500 for each violation. N.H. Rev. Stat. § 402-B:13.

New Mexico


Statreg

N.M. Stat. Ann. § 59A-13-3(A).

Stat/reg provision relating to nonresident licensing/ application

N.M. Stat. Ann. §§ 59A-11-2, 59A-11-3.

Licensing exception for singular or unusual losses?

Yes.

Superintendent may issue a temporary license due to catastrophe or emergency requiring immediate expansion of adjuster services in state. N.M. Stat. Ann. § 59A-13-6.

Testing required?

No.

Continuing ed. required?

No.

Penalty for violation of license requirement

Unless defined as felony by other state law, petty misdemeanor with fine not to exceed $500, administrative penalty up to $5,000 for each violation, but up to $10,000 per violation if willful and intentional. N.M. Stat. Ann. § 59A-1-18.

Penalty for other violations of licensing provisions

Suspension, revocation or fine between $100-$500, plus misdemeanor offense and fine up to $500 for willful misrepresentation unless offense is punishable as a greater offense under other state law, N.M. Stat. Ann. §§ 59A-11-14, 11-17, 11-21.

Unless defined as felony by other state law, petty misdemeanor with fine not to exceed $500, administrative penalty up to $5,000 for each violation, but up to $10,000 per violation if willful and intentional. N.M. Stat. Ann. § 59A-1-18.

Oklahoma


Statreg

36 Okl. Stat. Ann. § 6203, 6216(A), 6220(F).

Exempt if "occasionally" in Okl. to adjust marine losses. 36 Okl. Stat. Ann. § 6203(3).

Stat/reg provision relating to nonresident licensing/ application

36 Okl. Stat. Ann. § 6205.

Licensing exception for singular or unusual losses?

Yes.

In the event of a catastrophe, declared an emergency by the Insurance Commission, the Commissioner may issue emergency adjuster licenses to adjust claims related to the catastrophe. 36 Okl. Stat. Ann. 6218(A).

No license required for a nonresident who is "occasionally" in OK to adjust single loss or losses under marine policy, or a nonresident adjuster, licensed in another state, who is in OK no more than once a year to adjust a single loss or losses "arising out of an occurrence common to all such losses" or who is acting as a temporary substitute for a licensed adjuster. 36. Okl. St. Ann. 6203(3), 6203(8).

Testing required?

Yes.

However, waived if licensed in a state requiring license exam.
36 Okl. Stat. Ann. §§ 6205(B), 6205(C), 6208(B)(2).

Continuing ed. required?

Yes. 36 Okl. Stat. Ann. § 6217(B).

However, waived if licensed in designated home state with
continuing education requirement.
Okl. Admin. Code § 365:25-3-14(c).

Penalty for violation of license requirement

Fine up to $1,000 per violation. Punishable as misdemeanor if no greater penalty provided, generally. 36 Okl. Stat. Ann. §§ 6220(A), 6220(B), 117.

Penalty for other violations of licensing provisions

Censure, suspension, or revocation and/or fine up to $1,000 per violation.
36 Okl. Stat. Ann. §§ 6220(A), (B).

Rhode Island


Statreg

R.I.G.L. 1956, § 27-10-1.2.

Stat/reg provision relating to nonresident licensing/ application

R.I.G.L. 1956, § 27-10-7.1

Licensing exception for singular or unusual losses?

Yes.

Allows for emergency adjuster in the event of declared catastrophe, and emergency adjuster licenses for up to 90 days, unless extended by insurance department. R.I.G.L. 1956, § 27-10-8.

Testing required?

Yes. R.I.G.L. 1956, §§ 27-10-3, 27-10-6.

Waived if licensed in another state and in good standing. R.I.G.L. 1956, § 27-10-7

Continuing ed. required?

No.

Penalty for violation of license requirement

Cease and desist order, fine between $100 and $50,000. R.I.G.L 1956, §§ 27-10-11, 42-14-16.

Penalty for other violations of licensing provisions

Suspension, revocation, cease and desist order, fine between $100 and $50,000. R.I.G.L 1956, §§ 27-10-11, 42-14-16.

South Carolina


Statreg

S.C. Code §§ 38-47-10(A), 38-48-20.

Stat/reg provision relating to nonresident licensing/ application

S.C. Code §§ 38-47-20, 38-48-40. S.C. Code Regs. § 69-23.

Licensing exception for singular or unusual losses?

Yes.

Allows for emergency nonresident adjusters in the event of a catastrophe when there are insufficient licensed adjusters in SC to handle claims expeditiously, where non-resident adjusters are licensed in home state, handle adjustments arising out of the catastrophe and remain only for the period necessary to assist in adjustments. S.C. Code Regs. § 69-1.

Testing required?

Yes. S.C. Code Regs. § 69-23.

However, waived if licensed in a state requiring license exam, or if CPCU or CLU designated.

Continuing ed. required?

No.

Penalty for violation of license requirement

Misdemeanor with a fine of not more than $10,000 or imprisonment for two years, or both. S.C. Code §§ 38-2-30, 38-47-60, 38-48-130.

Penalty for other violations of licensing provisions

Suspension, revocation, and/or fine up to $2,500, or $5,000 if willful violation, plus any other criminal penalties.
S.C. Code § 38-2-10.

Texas


Statreg

Tex. Code Ann., Ins. Code §§ 4101.051, 4102.051(a).

Stat/reg provision relating to nonresident licensing/ application

Tex. Code Ann., Ins. Code § 4101.004.

Licensing exception for singular or unusual losses?

Yes.

No license required for nonresident adjuster to adjust a single loss in TX, losses arising out of a catastrophe common to all losses, or as a temporary substitute for licensed adjuster. Tex. Code Ann., Ins. Code § 4101.002(b).

Allows for emergency adjuster license, in the event of a catastrophe or emergency arising out of "a disaster, act of God, riot, civil commotion, conflagration, or other similar occurrence." Such emergency adjuster licenses are valid for up to 90 days, unless extended by the commissioner for an additional period of 90 days. Tex. Code. Ann., Ins. Code § 4101.101.

Testing required?

Yes. Tex. Code. Ann., Ins. Code §§ 4101.053(a)(3), 4101.054.

However, waived if licensed in another state with reciprocal agreement. Tex. Code. Ann., Ins. Code §§ 4101.056(a)(3), 4101.004.

Continuing ed. required?

Yes. Tex. Code. Ann., Ins. Code § 4101.059.

However, waived if requirement met in home state. 28 Tex. Admin. Code § 19.1004(d). Tex. Code Ann., Ins. Code §§ 4101.004, 4101.060(c).

Penalty for violation of license requirement

Misdemeanor offense punishable by a fine of $500 and/or up to six months in jail.
Tex. Code Ann., Ins. Code §§ 4101.201-203.

Penalty for other violations of licensing provisions

Suspension, revocation, misdemeanor offense, fine of $500 and/or up to six months in jail.
Tex. Code Ann., Ins. Code §§ 4101.201-203.

Vermont


Statreg

8 Vt. Stat. Ann. § 4793(a).

No license required for marine-average adjuster. 8 Vt. Stat. Ann. § 4803(d)(2).

Stat/reg provision relating to nonresident licensing/ application

8 Vt. Stat. Ann. § 4800(3)

Licensing exception for singular or unusual losses?

Yes.

No license required for adjuster sent into VT on behalf of insurer for "particularly unusual or extraordinary loss, or a series of losses resulting from a catastrophe common to all such insurers." 8 Vt. Stat. Ann. § 4803(d)(2).

No license required for marine-average adjuster. 8 Vt. Stat. Ann. § 4803(d)(2).

Testing required?

Yes. 8 Vt. Stat. Ann. § 4800(3)(D), 4803(a)(3).

May be discretionarily waived if licensed elsewhere.
8 Vt. Stat. Ann. § 4800(3)(B)(iv).

Continuing ed. required?

No.

Penalty for violation of license requirement

Fine between $500 and $2,500.
8 Vt. Stat. Ann. § 4804(d).

Penalty for other violations of licensing provisions

Denial, suspension, revocation, and/or fine between $500 and $2,500.
8 Vt. Stat. Ann. §§ 4804(a),(d).

West Virginia


Statreg

W. Va. Code § 33-12B-2.

Stat/reg provision relating to nonresident licensing/ application

W. Va. Code § 33-12B-9, W. Va. Code St. R. § 114-25-11.1.

Licensing exception for singular or unusual losses?

Yes.

"In the event of a declared insurance emergency," W.V. insurance commissioner allows for an emergency adjuster license, in the event of a catastrophe or emergency, not to exceed 90 days, unless extended by the commissioner. W. Va. Code §§ 33-12B-4.

"Claims arising out of a particular loss of unique or unusual character may be adjusted by a non-licensed adjuster upon registration with the commissioner," with supervision by a licensed adjuster or authorized insurance company, and limited to three losses within any twelve-month period. W. Va. Code St. R. § 114-25-3.4.

Testing required?

Yes, at commissioner's discretion. W. Va. Code § 33-12B-5(b)(1).

However, waived if home state has same requirements for WV resident and home state required a similar exam.
W. Va. Code § 33-12B-9; W. Va. Code St. R. § 114-25-18.1.

Continuing ed. required?

No.

Penalty for violation of license requirement

Fine up to $1,000 per violation shall be paid within 30 days of penalty imposed by commissioner. W. Va. Code. § 33-12B-11.

Penalty for other violations of licensing provisions

Probation, suspension, revocation, and/or up to $1,000 fine per violation (to be paid within 30 days of penalty being imposed by commissioner). W. Va. Code. § 33-12B-11.

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