{"data":{"id":"us-in/ic-27-1-28-6","jurisdiction":"us-in","citation":"IC 27-1-28-6","heading":"Independent adjuster","body":"Sec. 6. (a) As used in this chapter, \"independent adjuster\" means a person, or an independent contractor or employee of a person, that:\n(1) contracts for compensation with insurers or self-insurers to investigate, negotiate, or settle property, casualty, or worker's compensation claims; and\n(2) for tax purposes is treated by the insurers or self-insurers in a manner consistent with treatment of an independent contractor rather than an employee under Title 26, Subtitle C of the Internal Revenue Code.\n(b) The term does not include the following:\n(1) An attorney who:\n(A) is admitted to practice in Indiana; and\n(B) acts in a professional capacity as an attorney.\n(2) A person employed solely to do any of the following:\n(A) Obtain facts surrounding a claim.\n(B) Furnish technical assistance to a licensed independent adjuster.\n(3) An individual:\n(A) who is an employee of:\n(i) an independent adjuster who is licensed under this chapter; or\n(ii) an affiliate of an independent adjuster who is licensed under this chapter;\n(B) who is supervised by:\n(i) an independent adjuster licensed under this chapter; or\n(ii) an insurance producer licensed under IC 27-1-15.6;\nwho supervises not more than twenty-five (25) persons described in this subdivision; and\n(C) who is employed solely to:\n(i) collect claim information from insureds or claimants;\n(ii) furnish claim information to insureds or claimants; or\n(iii) perform data entry into an automated claims adjudication system.\n(4) An individual who is employed to investigate suspected fraudulent insurance claims, but who does not adjust losses or determine claim payments.\n(5) A person that:\n(A) performs only executive, administrative, managerial, or clerical duties; and\n(B) does not investigate, negotiate, or settle claims with policyholders, claimants, or legal representatives of policyholders or claimants.\n(6) A person that settles only reinsurance or subrogation claims.\n(7) An officer, director, manager, or employee of an authorized insurer, a managing general agent, a surplus lines insurer, a risk retention group, or an attorney in fact of a reciprocal insurer.\n(8) A manager of the United States branch of an alien insurer.\n(9) A person that investigates, negotiates, or settles life, accident and health, annuity, or disability insurance claims.\n(10) Under a self-insured arrangement, an individual who adjusts claims on behalf of the individual's employer.\n(11) A licensed insurance producer, an attorney in fact of a reciprocal insurer, or a managing general agent of an insurer to whom claim authority has been granted by the insurer.\n(12) A person that is authorized to adjust worker's compensation or disability claims under the authority of a third party administrator.\n(13) A person that investigates, negotiates, or settles crop insurance claims.\n(14) An individual who:\n(A) does not adjust losses or determine claim payments; and\n(B) is employed to use a specialized skill possessed by the individual to make a determination:\n(i) concerning an element of a claim; and\n(ii) that is used by an independent adjuster, or an adjuster who is directly employed by an insurer, in adjusting a loss or determining a claim payment.","path":["TITLE 27. INSURANCE","ARTICLE 1. DEPARTMENT OF INSURANCE","Chapter 28. Independent Adjuster Licensing"],"source_url":"https://iga.in.gov/ic/2026/Title_27.html#27-1-28-6","current_through":"2026","vintage":"2026","retrieved_at":"2026-09-25T05:39:04Z","sha256":"797356ea6f117f2291501f8dbf1010e20a94f7781efc2ae32e2da2b503e4a1fb","source_id":"us-in","stale":false,"prev":"us-in/ic-27-1-28-5","next":"us-in/ic-27-1-28-7"},"notice":"GroundRules: Original legal text. Not legal advice."}
