South Carolina To act as an adjuster in South Carolina, an individual must be licensed or qualify for one of the license exemptions.
a. No license may be issued to a nonresident adjuster who resides in a state refusing to license South Carolina
adjusters.
b. Individuals must apply using the uniform individual application or as prescribed by the Director.
c. A nonresident adjuster applicant licensed in his/her home state or any other state requiring a licensing examination is not required to pass a written examination prior to licensure.
The following individuals are exempt from the adjuster licensure requirement:
a. an individual who:
I. for portable electronics insurance:
(1) collects claim information from insureds or claimants; or
(2) furnishes claim information to insureds or claimants; and
(3) conducts data entry, including entering data into an automated claims adjudication system;
and
II. is supervised by a licensed adjuster or producer, if there are no more than 25 persons as described in
(I) above that are under the supervision of the adjuster or producer;
b. an attorney at law admitted to practice in South Carolina, when acting in his/her professional capacity as an attorney;
c. an insurer's employee who is not regularly engaged in the adjustment or investigation of insurance claims;
d. a person employed only to provide technical assistance to a licensed adjuster, including, but not limited to:
I. investigators;
II. attorneys;
III. engineers;
IV. estimators;
V. handwriting experts;
VI. photographers; and
VII. private detectives;
e. a producer of an authorized insurer or producer's employee who processes an undisputed claim or uncontested
loss for the insurer under a policy issued by the producer;
f. a person who performs clerical duties and does not negotiate with parties on disputed or contested claims or otherwise perform adjuster duties;
g. a person who handles claims under life, accident or health insurance policies;
h. a person employed to investigate suspected fraudulent insurance claims but who does not adjust losses or determine claim payments;
i. a person handling claims arising under service contracts;
j. a person handling commercial claims for excess coverages;
k. a person who settles only reinsurance or subrogation claims;
l. a full-time salaried employee of a self-insurer; and
m. a person authorized to adjust workers' compensation or disability claims under the authority of a TPA license.
The adjuster licensing requirements in Chapter 91 do not prevent an insurer's executive officer, an insurer's employee handling claims, the duly designated attorney, or producer authorized and acting for subscribers to reciprocal insurers with respect to residential property insurance from adjusting food spoilage claims, loss, or damages under an insurance contract in which the coverage amount is limited to $500 or less.
Unless denied licensure under SC ST § 38-91-120, a person may obtain a nonresident adjuster license with the same lines of authority held in the home state subject to the requirements below.
a. In the home state, the applicant must:
I. be currently licensed as a resident adjuster;
II. have passed an adjuster examination;
III. have furnished a complete set of fingerprints and undergone a background check; and
IV. be in good standing.
b. If the home state does not require an examination, the applicant must meet the examination requirements in SC ST § 38-91-60.
c. If the home state does not require fingerprints and a background check, the applicant must meet the fingerprint and background check requirements in SC ST § 38-91-60.
d. The applicant must:
I. pay the license fee; and
II. submit the appropriate license application.
e. The person's home state must issue nonresident adjuster licenses to South Carolina residents on the same basis.
f. The Director may waive any Chapter 91 license requirements for an applicant who holds a valid license from another state if the state has license requirements substantially equivalent to the Chapter 91 requirements.
g. The Director may verify the adjuster's licensing status through regulatory or other databases.
h. As a condition of licensure, the nonresident adjuster must maintain a resident adjuster license in his/her home state.
I. The nonresident license must terminate and be surrendered immediately to the Director if the home state adjuster license terminates for any reason.
II. If the license terminates for any reason, the adjuster may not transact any adjustment of claims.
A nonresident who is not eligible for a license may designate South Carolina as his/her home state and apply for a resident adjuster license. The nonresident would be required to pass the adjuster examination and comply with the other Chapter 91 provisions applicable to South Carolina residents.
Individual or business entity applicants must provide their legal names, email addresses, business mailing addresses, and residential mailing addresses at the time of application. The adjuster must notify the Department within 30 days of any change of this information.
An adjuster must notify the Director within 30 days after final disposition of any administrative action taken against the adjuster by another jurisdiction or another governmental agency. The report must include a copy of the:
a. order;
b. consent to order; or
c. other relevant legal documents.
An adjuster must notify the Director within 30 days of a criminal conviction of the adjuster taken in any jurisdiction for violation of insurance laws or regulations, any felony, or any misdemeanor. The report must include a copy of:
a. the initial complaint filed;
b. the order resulting from the hearing; and
c. all other relevant legal documents.
