States Requiring Licensing of Non-Resident Staff Ocean Marine Claims Adjusters
Updated on February 22, 2018
This chart should not be interpreted as legal advice.
| State | Stat./reg. provision requiring licensing | 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 |
|---|---|---|---|---|---|---|---|
| CT | Conn. Gen. Stat. § 38a-792(a)(1). | Conn. Gen. Stat. § 38a-769(a). | No. | Yes. Conn. Gen. Stat. § 38a-769(c). However, discretionarily waived if licensed elsewhere. Conn. Gen. Stat. § 38a-792(a)(2). | No. | $2,000 fine and/or up to one year in jail. Conn. Gen. Stat. §38a-792(c). | Suspension, revocation, $2,000 fine and/or up to one year in jail. Conn. Gen. Stat. §§ 38a-774(a), 38a-792(c). |
| DE | 18 Del. C. § 1703. | 18 Del. C. § 1708. | 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 | 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). | Yes. 18 Del. C. § 1718. However, waived if licensed elsewhere and home state reciprocates. 18 Del. C. § 1717(b). | Fine between $200 and $20,000 per violation. 18 Del. C. §§ 1712, 1707(g). | Probation, suspension, revocation, fine between $200 and $20,000 per violation. 18 Del. C. §§ 1712, 1707(g). |
| FL | Fla. Stat. Ann. § 626.112(1)(a). | Fla. Stat. Ann. §§ 626.8582, 626.8732. | 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. | 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). | 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). | 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). | Probation, suspension, revocation, and/or fine up to $500, or $3,500 for willful violation. Fla. Stat. Ann. §§ 626.681(1), 626.207. |
| KY | Ky. Rev. Stat. § 304.9-080(2). | Ky. Rev. Stat. § 304.9-430(14)(a)(1)-(4). | 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(9)(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(13). | Yes. Ky. Rev. Stat. § 304.9-430(2)(3). However, waived if licensed elsewhere and home state reciprocates. Ky. Rev. Stat. § 304.9-430(14)(a)(1)-(4). | Yes. Ky. Rev. Stat. § 304.295. However, waived if requirement met in home state and home state reciprocates. Ky. Rev. Stat. § 304.9-295(3)(c). | 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. | 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. |
| LA | La. Stat. Ann.-R.S. § 22:1663(A). | La. Stat. Ann.-R.S. § 22.1670. | 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. | Yes. La. Stat. Ann.-R.S. § 22:1668. However, waived if licensed in another state and passed an examination there, and waived for attorneys-at-law. La. Stat. Rev.-R.S. § 22:1670(A)(1). | Yes. However, waived if requirement is met in home state and home state reciprocates. La. Rev. Stat.-R.S. § 22:1673(B)(2). | Fine up to $500 per violation, up to aggregate of $10,000 per calendar year. La. Rev. Stat.-R.S. § 22:1672(A). | 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). |
| NH | N.H. Rev. Stat. § 402-B:1. | N.H. Rev. Stat. § 402-B:3. | Yes. In the event of an emergency or disaster, the commissioner of insurance may issue temporary license to qualified persons for one year or less, at commissioner's discretion. N.H. Rev. Stat. § 402-B:11. | Yes. N.H. Rev. Stat. § 402-B:4. Waived if licensed elsewhere. N.H. Rev. Stat. § 402-B:5. | Yes. However, waived if requirement met in home state or designated home state. N.H. Rev. Stat. § 402-B:5-a. | Misdemeanor offense for natural person, or felony if other person, and fine up to $2,500. N.H. Rev. Stat. § 402-B:13. | Suspension, revocation, Misdemeanor offense for natural person, or felony if other person, and fine up to $2,500. N.H. Rev. Stat. § 402-B:13. |
| NM | N.M. Stat. Ann. § 59A-13-3(A). | N.M. Stat. Ann. §§ 59A-11-2, 59A-11-3. | 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. | No. | No. | 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. | 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. |
| OK | 36 Okl. Stat. Ann. § 6203, 6216(A), 6220(F). Exempt if "occasionally" in Okl. to adjust marine losses. 36 Okl. St. Ann. § 6203(3). | 36 Okl. St. Ann. § 6205. | 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). | Yes. However, waived if licensed in a state requiring license exam. 36 Okl. Stat. Ann. §§ 6205(B), 6205(C), 6208(B)(2). | 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). | 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. | Censure, suspension, or revocation and/or fine up to $1,000 per violation. 36 Okl. Stat. Ann. §§ 6220(A), (B). |
| RI | R.I.G.L. 1956, § 27-10-1.2. | R.I.G.L. 1956, § 27-10-7.1 | 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. | 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 | No. | Cease and desist order, fine between $100 and $50,000. R.I.G.L 1956, §§ 27-10-11, 42-14-16. | Suspension, revocation, cease and desist order, fine between $100 and $50,000. R.I.G.L 1956, §§ 27-10-11, 27-10-11, 42-14-16. |
| SC | S.C. Code §§ 38-47-10(A), 38-48-20. | S.C. Code §§ 38-47-20, 38-48-40. S.C. Code Regs. §§ 69-23(3), 69-23(6)(f). | 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. | Yes. S.C. Code Regs. § 69-23(3). However, waived if licensed in a state requiring license exam, or if CPCU or CLU designated. S.C. Code Regs. §§ 69-23(3)(b), 69-23(6)(f)(3). | No. | 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. | 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. |
| TX | Tex. Code Ann., Ins. Code §§ 4101.051, 4102.051(a). | Tex. Code Ann., Ins. Code § 4101.004. | 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." Tex. Code. Ann., Ins. Code § 4101.101. | 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. | 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). | Misdemeanor offense punishable by a fine of $500 and/or up to six months in jail. Tex. Code Ann., Ins. Code §§ 4101.201-203. | Suspension, revocation, misdemeanor offense, fine of $500 and/or up to six months in jail. Tex. Code Ann., Ins. Code §§ 4101.201-203. |
| VT | 8 Vt. Stat. Ann. § 4793(a). No license required for marine-average adjuster. 8 Vt. Stat. Ann. § 4803(d)(2). | 8 Vt. Stat. Ann. § 4800(3) | 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). | 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). | No. | Fine between $500 and $2,500. 8 Vt. Stat. Ann. § 4804(d). | Denial, suspension, revocation, and/or fine between $500 and $2,500. 8 Vt. Stat. Ann. §§ 4804(a),(d). |
| WV | W. Va. Code § 33-12B-4. | W. Va. Code § 33-12B-9, W. Va. Code St. R. § 114-25-11.1. | Yes. Provisions do not apply to emergency insurance adjusters, where the insurance commissioner has declared the number of licensed insurance adjusters in WV is inadequate to meet the needs of the public, not to exceed 120 days. W. Va. Code §§ 33-12B-4, 33-12B-11a. "Claims arising out of a catastrophe or emergency which arises out of a disaster, act of God, riot, civil commotion, conflagration or other similar occurrence may be adjusted by a non-licensed adjuster upon registration with the commissioner," with supervision by licensed adjuster or authorized insurance company, for a registration up to 90 days, to be extended as deemed appropriate by the commissioner. W. Va. Code St. R. § 114-25-3.3. "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. | 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. | No. | Fine up to $1,000 per violation. W. Va. Code. § 33-12B-11. | Probation, suspension, revocation, and/or up to $1,000 fine per violation. W. Va. Code. § 33-12B-11. |
| WY | W.S. 1977 § 26-9-219(a) | W.S. 1977 § 26-9-219. | Yes. License required unless "loss is of an unusual, uncommon or unique nature requiring special expertise or knowledge not readily available among adjusters licensed in [WY], or for the adjustment of a series of losses resulting from a catastrophe common to those losses" with prior notice of unlicensed adjuster to commissioner. W.S. 1977 § 26-9-219(c). | Yes. However, waived if licensed in home state, in good standing, and home state reciprocates. W.S. 1977 § 26-9-219(b)(vi). | Yes. W.S. 1977 § 26-9-231. However, waived if requirement met in home state. W.S. 1977 § 26-9-231(f). | Discretionary penalties imposed by Wyoming Department of Insurance. W.S. 1977 § 26-9-211(c). | Discretionary penalties imposed by Wyoming Department of Insurance. W.S. 1977 § 26-9-211(c). |