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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>58484</law_id><section_number>38.2-1845.1</section_number><catch_line>Definitions</catch_line><edition url="https://vacode.org/2025/" slug="2025" current="TRUE" last_updated="">2025</edition><referred_to_by><reference>38.2-812</reference></referred_to_by><structure><unit label="title" level="1" order_by="1" identifier="38.2">Insurance</unit><unit label="chapter" level="2" order_by="1" identifier="18">Insurance Agents</unit><unit label="article" level="3" order_by="1" identifier="4.1">Licensing of Public Adjusters</unit></structure><text>
						<section><p>As used in this article:
		&#x201C;<span class="dictionary">Catastrophic disaster</span>&#x201D; means an event where the President of the United <span class="dictionary">States</span> or the Governor of the Commonwealth has declared a state of emergency.
		&#x201C;<span class="dictionary">Home state</span>&#x201D; means the District of Columbia and any state or territory of the United <span class="dictionary">States</span>, except Virginia, or any province of Canada, in which a <span class="dictionary">public adjuster</span> maintains such <span class="dictionary">person</span>&#x2019;s principal place of residence or principal place of business and is licensed by that <span class="dictionary">jurisdiction</span> to act as a <span class="dictionary">resident</span> <span class="dictionary">public adjuster</span>.
		&#x201C;<span class="dictionary">License</span>&#x201D; means a document issued by the Commission authorizing an individual or <span class="dictionary">business entity</span> to act as a <span class="dictionary">public adjuster</span>. The <span class="dictionary">license</span> itself does not create any authority, actual, apparent, or inherent, in the licensee to represent, commit, or bind an <span class="dictionary">insurer</span>.
		&#x201C;<span class="dictionary">Negotiate</span>&#x201D; means the act of conferring directly with or offering advice directly to a purchaser or prospective purchaser of a particular <span class="dictionary">contract</span> of <span class="dictionary">public adjusting</span> concerning any of the substantive benefits, terms, or conditions of the <span class="dictionary">contract</span>.
		&#x201C;<span class="dictionary">Proof of compliance</span>&#x201D; 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.
		&#x201C;<span class="dictionary">Public adjuster</span>&#x201D; means an individual or <span class="dictionary">business entity</span> who receives, either directly or indirectly, a salary, fee, commission, or other compensation for engaging in <span class="dictionary">public adjusting</span>.
		&#x201C;<span class="dictionary">Public adjusting</span>&#x201D; means <span class="dictionary">soliciting</span>, investigating, negotiating, adjusting, or providing advice to an insured in relation to first <span class="dictionary">party</span> claims arising under <span class="dictionary">insurance contracts</span> that insure the real or personal property of an insured for the purpose of effecting the <span class="dictionary">settlement</span> of a claim on behalf of the insured. <span class="dictionary">Public adjusting</span> includes advertising or representing oneself as a <span class="dictionary">public adjuster</span>; however, <span class="dictionary">public adjusting</span> does not include acting in any manner in relation to liability claims for personal injury or property damage, other third-<span class="dictionary">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 <span class="dictionary">party</span> claims arising under <span class="dictionary">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 <span class="dictionary">public adjusting</span>.
		&#x201C;<span class="dictionary">Received by the Commission</span>&#x201D; means delivered into the <span class="dictionary">possession</span> of the Commission or its administrator at the business address of the Commission&#x2019;s administrator.
		&#x201C;<span class="dictionary">Soliciting</span>&#x201D; means attempting to persuade or asking or urging an insured to enter into a <span class="dictionary">public adjusting</span> <span class="dictionary">contract</span> by describing the terms of the <span class="dictionary">contract</span>, including any fees or <span class="dictionary">commissions</span>, and offering to <span class="dictionary">negotiate</span> a claim of loss on behalf of the insured.</p></section></text><history>2012, cc. 734, 735; 2019, c. 627.</history><metadata></metadata></law>
