{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/38.2-1845.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/38.2-1845.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/38.2-1845.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/38.2-1845.1.html"}],"law_id":58484,"edition_id":1,"section_id":58484,"structure_id":14212,"section_number":"38.2-1845.1","catch_line":"Definitions","history":"2012, cc. 734, 735; 2019, c. 627.","full_text":"As used in this article:\n\t\t“Catastrophic disaster” means an event where the President of the United States or the Governor of the Commonwealth has declared a state of emergency.\n\t\t“Home state” means the District of Columbia and any state or territory of the United States, except Virginia, or any province of Canada, in which a public adjuster maintains such person’s principal place of residence or principal place of business and is licensed by that jurisdiction to act as a resident public adjuster.\n\t\t“License” means a document issued by the Commission authorizing an individual or business entity to act as a public adjuster. The license itself does not create any authority, actual, apparent, or inherent, in the licensee to represent, commit, or bind an insurer.\n\t\t“Negotiate” means the act of conferring directly with or offering advice directly to a purchaser or prospective purchaser of a particular contract of public adjusting concerning any of the substantive benefits, terms, or conditions of the contract.\n\t\t“Proof of compliance” means all documents, forms, and fees specified by the Commission for filing proof of completion of Commission-approved continuing education courses for the appropriate number of hours and for the appropriate content.\n\t\t“Public adjuster” means an individual or business entity who receives, either directly or indirectly, a salary, fee, commission, or other compensation for engaging in public adjusting.\n\t\t“Public adjusting” means soliciting, investigating, negotiating, adjusting, or providing advice to an insured in relation to first party claims arising under insurance contracts that insure the real or personal property of an insured for the purpose of effecting the settlement of a claim on behalf of the insured. Public adjusting includes advertising or representing oneself as a public adjuster; however, public adjusting does not include acting in any manner in relation to liability claims for personal injury or property damage, other third-party claims, or uninsured or underinsured bodily injury liability claims. A licensed insurance agent who only provides advice to an insured in relation to first party claims arising under insurance contracts sold, solicited, or negotiated by the agent that insure the real or personal property of an insured shall not be deemed to be engaged in public adjusting.\n\t\t“Received by the Commission” means delivered into the possession of the Commission or its administrator at the business address of the Commission’s administrator.\n\t\t“Soliciting” means attempting to persuade or asking or urging an insured to enter into a public adjusting contract by describing the terms of the contract, including any fees or commissions, and offering to negotiate a claim of loss on behalf of the insured.","order_by":null,"text":{"0":{"id":214347,"text":"As used in this article:\n\t\t“Catastrophic disaster” means an event where the President of the United States or the Governor of the Commonwealth has declared a state of emergency.\n\t\t“Home state” means the District of Columbia and any state or territory of the United States, except Virginia, or any province of Canada, in which a public adjuster maintains such person’s principal place of residence or principal place of business and is licensed by that jurisdiction to act as a resident public adjuster.\n\t\t“License” means a document issued by the Commission authorizing an individual or business entity to act as a public adjuster. The license itself does not create any authority, actual, apparent, or inherent, in the licensee to represent, commit, or bind an insurer.\n\t\t“Negotiate” means the act of conferring directly with or offering advice directly to a purchaser or prospective purchaser of a particular contract of public adjusting concerning any of the substantive benefits, terms, or conditions of the contract.\n\t\t“Proof of compliance” means all documents, forms, and fees specified by the Commission for filing proof of completion of Commission-approved continuing education courses for the appropriate number of hours and for the appropriate content.\n\t\t“Public adjuster” means an individual or business entity who receives, either directly or indirectly, a salary, fee, commission, or other compensation for engaging in public adjusting.\n\t\t“Public adjusting” means soliciting, investigating, negotiating, adjusting, or providing advice to an insured in relation to first party claims arising under insurance contracts that insure the real or personal property of an insured for the purpose of effecting the settlement of a claim on behalf of the insured. Public adjusting includes advertising or representing oneself as a public adjuster; however, public adjusting does not include acting in any manner in relation to liability claims for personal injury or property damage, other third-party claims, or uninsured or underinsured bodily injury liability claims. A licensed insurance agent who only provides advice to an insured in relation to first party claims arising under insurance contracts sold, solicited, or negotiated by the agent that insure the real or personal property of an insured shall not be deemed to be engaged in public adjusting.\n\t\t“Received by the Commission” means delivered into the possession of the Commission or its administrator at the business address of the Commission’s administrator.\n\t\t“Soliciting” means attempting to persuade or asking or urging an insured to enter into a public adjusting contract by describing the terms of the contract, including any fees or commissions, and offering to negotiate a claim of loss on behalf of the insured.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":14212,"edition_id":1,"name":"Licensing of Public Adjusters","identifier":"4.1","label":"article","depth":3,"order_by":1,"parent_id":13203,"metadata":{},"date_created":"2026-06-26 03:47:17","date_modified":"2026-06-26 03:47:17","permalink":{"id":212641,"object_type":"structure","relational_id":14212,"identifier":"4.1","token":"38.2\/18\/4.1","url":"\/38.2\/18\/4.1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13203,"edition_id":1,"name":"Insurance Agents","identifier":"18","label":"chapter","depth":2,"order_by":1,"parent_id":12698,"metadata":{},"date_created":"2026-06-26 03:44:26","date_modified":"2026-06-26 03:44:26","permalink":{"id":212411,"object_type":"structure","relational_id":13203,"identifier":"18","token":"38.2\/18","url":"\/38.2\/18\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12698,"edition_id":1,"name":"Insurance","identifier":"38.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":210661,"object_type":"structure","relational_id":12698,"identifier":"38.2","token":"38.2","url":"\/38.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":58484,"structure_id":14212,"section_number":"38.2-1845.1","catch_line":"Definitions","url":"\/38.2-1845.1\/","token":"38.2\/18\/4.1\/38.2-1845.1","metadata":false},{"id":73810,"structure_id":14212,"section_number":"38.2-1845.10","catch_line":"Grounds for placing on probation, refusal to issue or renew, revocation, or suspension of license","url":"\/38.2-1845.10\/","token":"38.2\/18\/4.1\/38.2-1845.10","metadata":false},{"id":87101,"structure_id":14212,"section_number":"38.2-1845.11","catch_line":"Termination, suspension, or revocation of license","url":"\/38.2-1845.11\/","token":"38.2\/18\/4.1\/38.2-1845.11","metadata":false},{"id":75278,"structure_id":14212,"section_number":"38.2-1845.12","catch_line":"Standards of conduct for public adjusters","url":"\/38.2-1845.12\/","token":"38.2\/18\/4.1\/38.2-1845.12","metadata":false},{"id":67841,"structure_id":14212,"section_number":"38.2-1845.13","catch_line":"Contract between public adjuster and insured","url":"\/38.2-1845.13\/","token":"38.2\/18\/4.1\/38.2-1845.13","metadata":false},{"id":76560,"structure_id":14212,"section_number":"38.2-1845.14","catch_line":"Fees","url":"\/38.2-1845.14\/","token":"38.2\/18\/4.1\/38.2-1845.14","metadata":false},{"id":80102,"structure_id":14212,"section_number":"38.2-1845.15","catch_line":"Record retention","url":"\/38.2-1845.15\/","token":"38.2\/18\/4.1\/38.2-1845.15","metadata":false},{"id":75597,"structure_id":14212,"section_number":"38.2-1845.16","catch_line":"Escrow or trust accounts","url":"\/38.2-1845.16\/","token":"38.2\/18\/4.1\/38.2-1845.16","metadata":false},{"id":67191,"structure_id":14212,"section_number":"38.2-1845.17","catch_line":"Requirement to report to Commission","url":"\/38.2-1845.17\/","token":"38.2\/18\/4.1\/38.2-1845.17","metadata":false},{"id":66974,"structure_id":14212,"section_number":"38.2-1845.18","catch_line":"Information security program","url":"\/38.2-1845.18\/","token":"38.2\/18\/4.1\/38.2-1845.18","metadata":false},{"id":70523,"structure_id":14212,"section_number":"38.2-1845.19","catch_line":"What laws applicable; rulemaking authority","url":"\/38.2-1845.19\/","token":"38.2\/18\/4.1\/38.2-1845.19","metadata":false},{"id":76889,"structure_id":14212,"section_number":"38.2-1845.2","catch_line":"License required of resident public adjusters","url":"\/38.2-1845.2\/","token":"38.2\/18\/4.1\/38.2-1845.2","metadata":false},{"id":61033,"structure_id":14212,"section_number":"38.2-1845.20","catch_line":"Immunities; confidentiality","url":"\/38.2-1845.20\/","token":"38.2\/18\/4.1\/38.2-1845.20","metadata":false},{"id":77035,"structure_id":14212,"section_number":"38.2-1845.21","catch_line":"Authority of Commission to delegate certain functions","url":"\/38.2-1845.21\/","token":"38.2\/18\/4.1\/38.2-1845.21","metadata":false},{"id":62705,"structure_id":14212,"section_number":"38.2-1845.22","catch_line":"Power of Commission to investigate affairs of persons engaged in the business of public adjusting; penalties for refusal to permit investigation","url":"\/38.2-1845.22\/","token":"38.2\/18\/4.1\/38.2-1845.22","metadata":false},{"id":65504,"structure_id":14212,"section_number":"38.2-1845.23","catch_line":"False information and advertising generally","url":"\/38.2-1845.23\/","token":"38.2\/18\/4.1\/38.2-1845.23","metadata":false},{"id":55407,"structure_id":14212,"section_number":"38.2-1845.3","catch_line":"Exemptions from article","url":"\/38.2-1845.3\/","token":"38.2\/18\/4.1\/38.2-1845.3","metadata":false},{"id":70584,"structure_id":14212,"section_number":"38.2-1845.4","catch_line":"Examinations","url":"\/38.2-1845.4\/","token":"38.2\/18\/4.1\/38.2-1845.4","metadata":false},{"id":65937,"structure_id":14212,"section_number":"38.2-1845.5","catch_line":"Licensing nonresidents; reciprocal agreements with other states and Canadian provinces","url":"\/38.2-1845.5\/","token":"38.2\/18\/4.1\/38.2-1845.5","metadata":false},{"id":86867,"structure_id":14212,"section_number":"38.2-1845.6","catch_line":"Individual moving into the Commonwealth from another state or Canadian province","url":"\/38.2-1845.6\/","token":"38.2\/18\/4.1\/38.2-1845.6","metadata":false},{"id":62133,"structure_id":14212,"section_number":"38.2-1845.7","catch_line":"Refusal to issue; hearing; new application","url":"\/38.2-1845.7\/","token":"38.2\/18\/4.1\/38.2-1845.7","metadata":false},{"id":59250,"structure_id":14212,"section_number":"38.2-1845.8","catch_line":"Renewal application and fee; reinstatement; waiver","url":"\/38.2-1845.8\/","token":"38.2\/18\/4.1\/38.2-1845.8","metadata":false},{"id":67352,"structure_id":14212,"section_number":"38.2-1845.9","catch_line":"Repealed","url":"\/38.2-1845.9\/","token":"38.2\/18\/4.1\/38.2-1845.9","metadata":false}],"next_section":{"id":73810,"structure_id":14212,"section_number":"38.2-1845.10","catch_line":"Grounds for placing on probation, refusal to issue or renew, revocation, or suspension of license","url":"\/38.2-1845.10\/","token":"38.2\/18\/4.1\/38.2-1845.10","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/38.2-1845.1\/","history_text":"

This law was first created in 2012. The record of its establishment is cataloged in chapters 734<\/a> and 735<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 1 time. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. That modification is as follows: in 2019, chapter 627<\/a>.<\/p>","references":[{"id":66268,"section_number":"38.2-812","catch_line":"Definition","order_by":null,"url":"\/38.2-812\/"}],"refers_to":false,"permalink":{"id":212643,"object_type":"law","relational_id":58484,"identifier":"38.2-1845.1","token":"38.2\/18\/4.1\/38.2-1845.1","url":"\/38.2-1845.1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/38.2-1845.1\/","token":"38.2\/18\/4.1\/38.2-1845.1","dublin_core":{"Title":"Definitions","Type":"Text","Format":"text\/html","Identifier":"\u00a7 38.2-1845.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

As used in this article:\n\t\t“Catastrophic disaster<\/span>” means an event where the President of the United States<\/span> or the Governor of the Commonwealth has declared a state of emergency.\n\t\t“Home state<\/span>” means the District of Columbia and any state or territory of the United States<\/span>, except Virginia, or any province of Canada, in which a public adjuster<\/span> maintains such person<\/span>’s principal place of residence or principal place of business and is licensed by that jurisdiction<\/span> to act as a resident<\/span> public adjuster<\/span>.\n\t\t“License<\/span>” means a document issued by the Commission authorizing an individual or business entity<\/span> to act as a public adjuster<\/span>. The license<\/span> itself does not create any authority, actual, apparent, or inherent, in the licensee to represent, commit, or bind an insurer<\/span>.\n\t\t“Negotiate<\/span>” means the act of conferring directly with or offering advice directly to a purchaser or prospective purchaser of a particular contract<\/span> of public adjusting<\/span> concerning any of the substantive benefits, terms, or conditions of the contract<\/span>.\n\t\t“Proof of compliance<\/span>” means all documents, forms, and fees specified by the Commission for filing proof of completion of Commission-approved continuing education courses for the appropriate number of hours and for the appropriate content.\n\t\t“Public adjuster<\/span>” means an individual or business entity<\/span> who receives, either directly or indirectly, a salary, fee, commission, or other compensation for engaging in public adjusting<\/span>.\n\t\t“Public adjusting<\/span>” means soliciting<\/span>, investigating, negotiating, adjusting, or providing advice to an insured in relation to first party<\/span> claims arising under insurance contracts<\/span> that insure the real or personal property of an insured for the purpose of effecting the settlement<\/span> of a claim on behalf of the insured. Public adjusting<\/span> includes advertising or representing oneself as a public adjuster<\/span>; however, public adjusting<\/span> does not include acting in any manner in relation to liability claims for personal injury or property damage, other third-party<\/span> claims, or uninsured or underinsured bodily injury liability claims. A licensed insurance agent who only provides advice to an insured in relation to first party<\/span> claims arising under insurance contracts<\/span> sold, solicited, or negotiated by the agent that insure the real or personal property of an insured shall not be deemed to be engaged in public adjusting<\/span>.\n\t\t“Received by the Commission<\/span>” means delivered into the possession<\/span> of the Commission or its administrator at the business address of the Commission’s administrator.\n\t\t“Soliciting<\/span>” means attempting to persuade or asking or urging an insured to enter into a public adjusting<\/span> contract<\/span> by describing the terms of the contract<\/span>, including any fees or commissions<\/span>, and offering to negotiate<\/span> a claim of loss on behalf of the insured.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nDEFINITIONS (\u00a7 38.2-1845.1)\n\nAs used in this article:\n\t\t“Catastrophic disaster” means an event where the President of the\nUnited States or the Governor of the Commonwealth has declared a state of\nemergency.\n\t\t“Home state” means the District of Columbia and any state or\nterritory of the United States, except Virginia, or any province of Canada, in\nwhich a public adjuster maintains such person’s principal place of\nresidence or principal place of business and is licensed by that jurisdiction to\nact as a resident public adjuster.\n\t\t“License” means a document issued by the Commission authorizing an\nindividual or business entity to act as a public adjuster. The license itself\ndoes not create any authority, actual, apparent, or inherent, in the licensee to\nrepresent, commit, or bind an insurer.\n\t\t“Negotiate” means the act of conferring directly with or offering\nadvice directly to a purchaser or prospective purchaser of a particular contract\nof public adjusting concerning any of the substantive benefits, terms, or\nconditions of the contract.\n\t\t“Proof of compliance” means all documents, forms, and fees\nspecified by the Commission for filing proof of completion of\nCommission-approved continuing education courses for the appropriate number of\nhours and for the appropriate content.\n\t\t“Public adjuster” means an individual or business entity who\nreceives, either directly or indirectly, a salary, fee, commission, or other\ncompensation for engaging in public adjusting.\n\t\t“Public adjusting” means soliciting, investigating, negotiating,\nadjusting, or providing advice to an insured in relation to first party claims\narising under insurance contracts that insure the real or personal property of\nan insured for the purpose of effecting the settlement of a claim on behalf of\nthe insured. Public adjusting includes advertising or representing oneself as a\npublic adjuster; however, public adjusting does not include acting in any manner\nin relation to liability claims for personal injury or property damage, other\nthird-party claims, or uninsured or underinsured bodily injury liability claims.\nA licensed insurance agent who only provides advice to an insured in relation to\nfirst party claims arising under insurance contracts sold, solicited, or\nnegotiated by the agent that insure the real or personal property of an insured\nshall not be deemed to be engaged in public adjusting.\n\t\t“Received by the Commission” means delivered into the possession\nof the Commission or its administrator at the business address of the\nCommission’s administrator.\n\t\t“Soliciting” means attempting to persuade or asking or urging an\ninsured to enter into a public adjusting contract by describing the terms of the\ncontract, including any fees or commissions, and offering to negotiate a claim\nof loss on behalf of the insured.\n\nHISTORY: 2012, cc. 734, 735; 2019, c. 627.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}