Current through Register Vol. 35, No. 18, September 24, 2024
In the event of an emergency requiring the immediate
expansion of adjuster services in this state, an insurer or a public adjuster
licensed in this state may request authority from the superintendent to employ
adjusters to assist with the emergency who are not licensed in this state but
who have fulfilled all licensing requirements in their home or in a designated
home state and are in good standing in the state of licensure.
A.
Request to employ emergency
adjusters. An insurer or public adjuster requesting authority to employ
emergency adjusters shall provide the superintendent with the following
information:
(1) the nature of the emergency
and the affected region of the state;
(2) a list of the emergency adjusters that
the insurer or public adjuster shall use that are not licensed in this state,
including the following information for each emergency adjuster:
(a) name,
(b) home address,
(c) last four digits of social security
number,
(d) national producer
number,
(e) home state where the
adjuster is licensed, and
(f) the
effective date of the contract between the adjuster and the insurer or public
adjuster;
(3) for the
individual designated by the insurer or public adjuster who will be responsible
for the conduct of these adjusters:
(a)
name,
(b) contact
information,
(c) national producer
number, and
(d) New Mexico license
number; and
(4) any other
information that the superintendent may require.
B.
Limits on use of emergency
adjusters.
(1) The adjustment of
claims by the adjusters listed in Paragraph (2) of Subsection A of this section
shall be limited to claims arising from the emergency. An emergency adjuster
shall, as to claims and losses, have the powers of the employer, subject to
extension or limitation by contract.
(2) Use of the listed adjusters shall be
limited to the 90 days immediately following the emergency, unless an extension
of time is requested by the insurer or public adjuster and granted by the
superintendent.
C.
Approval of emergency adjusters.
(1) A request by an insurer or public
adjuster to employ emergency adjusters to assist with an emergency who are not
licensed in New Mexico but who are currently licensed and in good standing in
their home state shall be deemed approved unless the request is disapproved by
the superintendent within three business days of its submission to the
superintendent.
(2) An insurer or
public adjuster that requests authorization pursuant to this section may
commence employing the adjusters listed in Paragraph (2) of Subsection A of
this section while awaiting the superintendent's decision on their
request.
D.
Denial. An insurer or public adjuster may not utilize emergency
adjusters who do not have an adjuster's license issued by the home state or
designated home state.
