West Virginia Code of State Rules
Agency 114 - Insurance Commission
Title 114 - LEGISLATIVE RULE INSURANCE COMMISSIONER
Series 114-25 - Insurance Adjusters
Section 114-25-6 - Qualifications
Universal Citation: 114 WV Code of State Rules 114-25-6
Current through Register Vol. XLI, No. 38, September 20, 2024
6.1. No individual may hold a license as a resident adjuster unless he or she:
6.1.a. Is eighteen years of age or older;
6.1.b. Is a resident of West Virginia
or eligible to designate West Virginia as his or her home state;
6.1.c. Satisfies the Commissioner that he or she
is trustworthy and competent;
6.1.d. Has
a business or mailing address in this state for acceptance of service of process or,
if residing outside of this state, acknowledges that by adjusting claims in this
state he or she is subject to the state's long-arm statute and automatically
appoints the West Virginia Secretary of State as his or her agent for service of
process;
6.1.e. Has not committed any
act that is a ground for probation, suspension, revocation, or refusal of an
adjuster's license as set forth in W.Va. Code §
33-12B-11;
6.1.f. Has successfully passed the written
examination for the line or lines of authority for which the person has applied;
and
6.1.g. Has paid the applicable
fees.
6.2. Examination
6.2.a. A resident individual applying for an
adjuster license shall pass a written examination unless exempt. The examination
shall test the knowledge of the individual concerning the line or lines of authority
for which the application is being made, the duties and responsibilities of an
insurance adjuster, and the insurance laws of rules of West Virginia. In lieu of
such examination, an individual applying for an adjuster license with a crop line of
authority may instead submit certification that the individual has passed a
proficiency examination approved by the United States Department of Agriculture and
Risk Management Agency.
6.2.b. Each
applicant shall pay a nonrefundable examination fee of $25.
6.2.c. The Commissioner may, at his or her
discretion, designate an independent testing service to prepare and administer such
examinations subject to the direction and approval by the Commissioner, and
examination fees charges by such services shall be paid by the applicant or
examinee.
6.2.d. An individual who fails
to appear to an examination, as scheduled, or who fails to pass the examination, may
reapply for an examination provided that all required fees are paid and all required
forms are completed before being rescheduled for another examination.
6.2.e. An individual who initially fails to pass
an examination as required by this rule is limited to seven additional attempts to
pass the examination. An individual who fails the examination eight times is forever
barred from retaking the examination.
6.2.f. The following individuals are exempt from
the written examination requirements:
6.2.f.1. An
individual who applies for an adjuster license in this state who was previously
licensed for the same line or lines of authority in another jurisdiction if:
6.2.f.1.a. The individual is currently licensed in
that jurisdiction; or
6.2.f.1.b. The
individual applies within 90 days of the cancellation of his or her previous
license; and
6.2.f.1.b.1. The prior jurisdiction
issues a certification that, at the time of cancellation, the applicant was in good
standing; and
6.2.f.1.b.2. The
certification must be of a license with the same line or lines of authority for
which the individual has applied.
6.2.f.2. An individual licensed and in good
standing as an adjuster in another jurisdiction who moves to this state and makes an
application within 90 days of establishing legal residency in this state for an
adjuster license with the same line or lines of authority.
6.2.g. Examinations required pursuant to this rule
that test an applicant's knowledge concerning a line or lines of authority are
applicable for individual adjusters first licensed on or after July 1, 2021, or for
individual adjuster who add a lines of authority to an existing adjuster license on
or after July 1, 2021.
6.3. The Commissioner is authorized to require fingerprints for a criminal history record check of applicants to determine adjuster licensing eligibility. This process will be established in accordance with W.Va. Code § 33-12B-6 and the standards as set forth for producer and adjuster in 114CSR2A.
6.4. A business entity applying for a resident independent or public adjuster license shall make application to the Commissioner and shall declare under penalty of suspension, revocation, or refusal of the license that the statement made in the application are true, correct, and complete to the best of the business entity's knowledge and belief.
6.4.a. Before approving a business entity's
application for licensure, the Commissioner shall find:
6.4.a.1. The business entity is eligible to
designate West Virginia as its home state;
6.4.a.2. Has a business or mailing address in West
Virginia for acceptance of service of process;
6.4.a.3. Has designated a licensed adjuster
responsible for the business entity's compliance with insurance laws and rules of
this state; and
6.4.a.4. Has not
committed an act that is grounds for probation, suspension, revocation, or refusal
of an adjuster license as set forth in W.Va. Code §
33-12B-11
or section 20 of this rule.
Disclaimer: These regulations may not be the most recent version. West Virginia may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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