W. Va. Code R. § 114-25-5

Current through Register Vol. XLI, No. 50, December 13, 2024

Section 114-25-5 - Types of Licenses and Lines of Authority

5.1. The types of adjuster's licenses which may be issued are as follows:

5.1.a. Company adjuster.

5.1.b. Public adjuster.

5.1.c. Independent adjuster.

5.2. An individual may be licensed concurrently under separate licenses as a company adjuster, public adjuster and independent adjuster but shall not act as an adjuster representing the interests of the insured and the insurer with respect to the same claim.

5.3. An independent adjuster or company adjuster may qualify for a license in one or more of the following lines of authority:

5.3.a. Property and casualty;

5.3.b. Workers' compensation; or

5.3.c. Crop.

5.4. A public adjuster may only qualify for a license with a property and casualty line of authority.

5.5. Examinations for adjuster licenses will predominantly test the knowledge of the individual applicant concerning the line or lines of authority for which the application is being made.

5.6. In order to comply with the new adjuster licensing mandates set forth in this rule, beginning on July 1, 2021, a licensed individual adjuster will have one opportunity to request a transition of his or her current adjuster license type to a new adjuster license type, as set forth in subsection 5.1 of this rule, and one opportunity to request assignment of his or her initial line of authority for his or her adjuster license, as set forth in subsection 5.3 of this rule. In order for the adjuster to request this transition and/or assignment, the adjuster must contact the Licensing & Education Division, in writing, on or after July 1, 2021, but prior to the first expiration of the adjuster's license on or after July 1, 2021, to identify the license type the adjuster wishes to transition to and/or the initial line of authority the adjuster wishes to have assigned to his or her adjuster license. The adjuster must otherwise qualify for the adjuster license type and/or the initial line of authority he or she is requesting.

5.7. If a licensed individual adjuster does not contact the Licensing & Education Division, in writing, prior to the first expiration of the adjuster's license on or after July 1, 2021, and in accordance with subsection 5.6 of this rule, to identify the new license type the adjuster wishes to transition to and/or the initial line of authority the adjuster wishes to have assigned to his or her adjuster license, the adjuster will automatically be transitioned to the default license type and automatically assigned the default line of authority identified herein below:

5.7.a. An adjuster then licensed as a crop adjuster will be transitioned to a company adjuster license type with a crop line of authority.

5.7.b. An adjuster then licensed as a public adjuster will be transitioned to a public adjuster license type with a property and casualty line of authority.

5.7.c. An adjuster then licensed as a company adjuster will be transitioned to a company adjuster license type with a property and casualty line of authority.

5.8. Once the individual adjuster is transitioned to a new license type or assigned an initial line of authority, on or after July 1, 2021 and in accordance with either subsections 5.6 or 5.7, the adjuster will not be able to add an additional license type or additional line of authority to his or her adjuster license without meeting the licensing requirements as set forth in W.Va. Code § 33-12B-1, et seq., 114CSR2A, 114CSR42, and this rule.

5.9. An individual adjuster then holding multiple license types at the time of the transition and assignment referred to in subsections 5.6 and 5.7 of this rule will be transitioned to multiple license types in accordance with the default positions in subdivisions 5.7.a., 5.7.b., and 5.7.c. of this rule.

W. Va. Code R. § 114-25-5