S.C. Code Ann. § 38-91-40: Adjusters; exemptions from licensure; automated claims adjudication; food spoilage claims.
Where this section sits in the code
- Title 38 - INSURANCE
- CHAPTER 91 Insurance Adjusters
(A) The following individuals are exempt from licensure as an adjuster:
(1) an individual who, for portable electronics insurance, collects claim information from, or furnishes claim information to, insureds or claimants and who conducts data entry, including entering data into an automated claims adjudication system, provided that no more than twenty-five people are under the supervision of a licensed adjuster or a licensed producer who is otherwise exempt from licensure pursuant to item (5);
(2) an attorney at law admitted to practice in this State, when acting in his professional capacity as an attorney;
(3) an employee of an insurer who is not regularly engaged in the adjustment or investigation of insurance claims;
(4) a person employed only to furnish technical assistance to a licensed adjuster including, but not limited to, an investigator, an attorney, an engineer, an estimator, a handwriting expert, a photographer, and a private detective;
(5) a producer of an authorized insurer or a licensed employee of a producer who processes an undisputed or uncontested loss for the insurer under a policy issued by the producer;
(6) a person who performs solely clerical duties and does not negotiate with parties on disputed or contested claims or otherwise perform the duties of an adjuster;
(7) a person who handles claims arising under life, accident, and health or sickness insurance policies;
(8) an individual who is employed to investigate suspected fraudulent insurance claims but who does not adjust losses or determine claims payments;
(9) a person who handles claims arising under service contracts;
(10) a person handling commercial claims for excess coverages;
(11) a person who settles only reinsurance or subrogation claims;
(12) a full-time salaried employee of a self-insurer; and
(13) a person authorized to adjust workers' compensation or disability claims under the authority of a third-party administrator (TPA) license pursuant to Chapter 51.
(B) For purposes of this section, "automated claims adjudication system" means a preprogrammed computer system designed for the collection, data entry, calculation, and final resolution of portable electronics insurance claims that:
(1) only may be used by a licensed adjuster, licensed producer, or supervised individuals operating pursuant to this section;
(2) must comply with all claims payment requirements of Title 38; and
(3) must be certified as compliant with this section by a licensed independent adjuster who is an officer of the entity or an affiliate of the entity that employs an individual operated pursuant to this section.
(C) This chapter may not be construed to prevent an executive officer of an insurer, an employee of an insurer 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 any insurance contract of such insurer in which the amount of coverage for the applicable type of loss is contractually limited to five hundred dollars or less. If any such officer, employee, attorney, or producer in connection with the adjustment of any such food spoilage claim, loss, or damage engages in improper claims practices pursuant to the provisions of Chapter 59 or violates any other provision of this title, the director may suspend or revoke the insurer's certificate of authority.
Collected 2026-10-25T03:48:25Z. Source file · JSON