Nonresident Adjusters—Effective July 1, 2011

 

Legal Authority:  

·         Wyoming Statutes §§ 26-2-113(d), 26-9-207, 26-9-219 and 26-9-231.

License Required

·         A Wyoming adjuster's license is required of any adjuster who:

o    by physical appearance or through electronic or other means,

o   acts in this state on behalf of an insurer,

o   for the purpose of investigating or making adjustment of a particular loss under an insurance policy.

·         "Adjuster" means any individual who:

o   for compensation as an independent contractor, or as the employee of an independent contractor, or as a salaried employee of an insurer, or for fee or commission,

o   on behalf of the insurer,

o   investigates and negotiates settlement of claims arising under insurance contracts.

·         Adjuster Firms are not licensed in Wyoming.

·         The Department does not distinguish between adjusters on staff of an insurer and independent adjusters for licensing purposes. 

·         Public Adjusters please refer to the Public Adjuster webpage for licensing information.

Exemptions from Licensing

·         An attorney-at-law who is licensed to practice law in Wyoming (admitted to the Wyoming State Bar).

·         A licensed producer who adjusts or assists in adjustment of losses arising under policies issued through that producer.

·         A person who has written permission of the Commissioner to adjust an unusual, uncommon or unique claim requiring special expertise or knowledge not readily available among adjusters licensed in Wyoming.  See Catastrophe and Unique Losses (COMING SOON) webpage for additional information. 

·         A person who has written permission of the Commissioner to make adjustment of a series of losses resulting from a catastrophe common to those losses.  See Catastrophe and Unique Losses (COMING SOON) webpage for additional information. 

Qualification for an Adjuster License

To be licensed as an adjuster, the applicant shall:

·         Be an adult (age 18);

·         Be a resident of Wyoming or of another state which permits residents of Wyoming to act as adjusters in that state;

·         Be trustworthy and of good reputation

·         Have and maintain an office accessible to the public;

·         Keep in that office the usual and customary records (can be electronic);

·         Meet at least one of the following:

o   Be a full-timed salaried employee of a licensed adjuster,

o   A graduate of a recognized (ABA accredited) law school, or

o   Have experience or special education or training on the handling of claims of sufficient duration and extent to be competent.

License Classes

·         Nonresident Adjuster

·         For Nonresident Adjusters designating Wyoming as their home state, please see Nonresident Adjuster Designating Wyoming as Home State webpage for licensing information.

Lines of Authority

·         General Lines (Property and Casualty)

·         Crop/Hail (Multi-Peril)

License Term

·         License term is two (2) years.

·         Licenses renew on the second anniversary of the last day of the month of the licensee’s birthday.

Licensing and Renewal Fees

·         Initial License:            $100

·         Renewal:                     $150

·         Make checks payable to the Wyoming State Treasurer.

Forms

·         Uniform Application for Individual Adjuster License

·        Uniform  Application for Individual Adjuster Renewal

Submitting Application

·         Mail application to:

Wyoming Insurance Department

106 East 6th Avenue

Cheyenne, WY 82002

(82001 zip code for overnight delivery)

Continuing Education

·         Nonresident adjusters satisfying the continuing education requirements of their home state are exempt from continuing education requirements in Wyoming. 

·         No filing is required to prove that the home state CE requirements have been met.

Exemption from Examination – Acceptance of a NR Designated Home State

·         A nonresident adjuster residing or principally conducting business in a state that licenses adjusters for the class and lines of authority for which the adjuster is applying must be licensed in that state.

·         A nonresident adjuster residing or principally conducting business in a state that does not license adjusters for the class or lines of authority for which the adjuster is applying may designate another state in which the adjuster holds a nonresident adjuster license as his home state. 

·         The Department will accept a nonresident adjuster license held in another state as a basis for reciprocity for nonresident licensing. 

License Renewal

·         License term is two years.

·         Licenses renew on the second anniversary of the last day of the month of the licensee’s birthday.

·         Renewal fee is $150.00

·         Renew electronically through Sircon.

·         If renewing by paper, submit a renewal application and appropriate fee. 

Office Accessible to the Public

·         Wyoming law requires an adjuster to maintain an office accessible to the public

·         The Department will recognize a virtual or electronic office

·         All documents must be accessible to the adjuster, consumer or Department.

·         Keep in the office usual and customary records pertaining to activities associated with the license.

Simultaneous Licenses

·         An individual may be licensed as both an adjuster and a producer. 

·         A producer is not required to be licensed as an adjuster to adjust claims on policies the producer has written.

Catastrophic Events/Unique Losses

·         An insurer may request permission to use an adjuster not licensed in Wyoming.

·         Available for catastrophic events or unique losses.

·         Only if the claims cannot be handled by Wyoming licensed adjusters. 

·         See the Catastrophic Events/Special Losses (COMING SOON) webpage for forms and information. 

Unlicensed Activity—Cause and Origin

An individual who is merely determining the cause or origin of a loss without any negotiation, investigation or adjustment of the claim may not need to be licensed.  This will be determined on a case-by-case basis.

Subrogation Claims Review

An individual who, when reviewing a loss with respect to a subrogation claim, does not have any communication with the consumer and is not making adjustment of the claim is not required to be licensed.

Reports of Over-Insurance and Fire Losses

·         Any adjuster who investigates any property loss claim in this state shall report to the commissioner in writing any over-insurance of the property he discovers.

·         Any adjuster who investigates ANY property fire loss in this state shall report in writing to the commissioner the origin and cause of the fire, so far as he can reasonably ascertain them, together with any circumstances which in his opinion may indicate fraud or attempted fraud. See Loss Reporting Form on Department’s website.

·         Reports and supporting documentation regarding over-insurance or fire losses is considered privileged information pursuant to Wyo. Stat. §26-2-113(d).

Moving from a DHS to a State that Licenses Residents

·         Must become licensed as a resident in the new resident state.

·         Report resident state to the Department using address change form.