33-17-102. Definitions. As used in this title, the following definitions apply:
     (1) "Adjuster" means a person who, on behalf of the insurer, for compensation as an independent contractor or as the employee of an independent contractor or for fee or commission investigates and negotiates settlement of claims arising under insurance contracts or otherwise acts on behalf of the insurer. The term does not include a:
     (a) licensed attorney who is qualified to practice law in this state;
     (b) salaried employee of an insurer or of a managing general agent;
     (c) licensed insurance producer who adjusts or assists in adjustment of losses arising under policies issued by the insurer; or
     (d) licensed third-party administrator who adjusts or assists in adjustment of losses arising under policies issued by the insurer.
     (2) "Adjuster license" means a document issued by the commissioner that authorizes a person to act as an adjuster.
     (3) (a) "Administrator" means a person who collects charges or premiums from residents of this state in connection with life, disability, property, or casualty insurance or annuities or who adjusts or settles claims on these coverages.
     (b) The term does not mean:
     (i) an employer on behalf of its employees or on behalf of the employees of one or more subsidiaries of affiliated corporations of the employer;
     (ii) a union on behalf of its members;
     (iii) (A) an insurer that is either authorized in this state or acting as an insurer with respect to a policy lawfully issued and delivered by it in and pursuant to the laws of a state in which the insurer is authorized to transact insurance; or
     (B) a health service corporation as defined in 33-30-101;
     (iv) a life, disability, property, or casualty insurance producer who is licensed in this state and whose activities are limited exclusively to the sale of insurance;
     (v) a creditor on behalf of its debtors with respect to insurance covering a debt between the creditor and its debtors;
     (vi) a trust established in conformity with 29 U.S.C. 186 or the trustees, agents, and employees of the trust;
     (vii) a trust exempt from taxation under section 501(a) of the Internal Revenue Code or the trustees and employees of the trust;
     (viii) a custodian acting pursuant to a custodian account that meets the requirements of section 401(f) of the Internal Revenue Code or the agents and employees of the custodian;
     (ix) a bank, credit union, or other financial institution that is subject to supervision or examination by federal or state banking authorities;
     (x) a company that issues credit cards and that advances for and collects premiums or charges from its credit card holders who have authorized it to do so, if the company does not adjust or settle claims;
     (xi) a person who adjusts or settles claims in the normal course of the person's practice or employment as an attorney and who does not collect charges or premiums in connection with life or disability insurance or annuities; or
     (xii) a person appointed as a managing general agent in this state whose activities are limited exclusively to those described in 33-2-1501(10) and Title 33, chapter 2, part 16.
     (4) "Administrator license" means a document issued by the commissioner that authorizes a person to act as an administrator.
     (5) "Consultant" means a person who for a fee examines, appraises, reviews, or evaluates an insurance policy, annuity, or pension contract, plan, or program or who makes recommendations or gives advice on an insurance policy, annuity, or pension contract, plan, or program.
     (6) "Consultant license" means a document issued by the commissioner that authorizes a person to act as an insurance consultant.
     (7) "Controlled business" means insurance procured or to be procured by or through a person upon the life, person, property, or risks of the person or the person's spouse, employer, or business.
     (8) "Individual" means a private or natural person, as distinguished from a partnership, corporation, or association.
     (9) "Insurance producer", except as provided in 33-17-103:
     (a) means:
     (i) a person who solicits, negotiates, effects, procures, delivers, renews, continues, or binds:
     (A) policies of insurance for risks residing, located, or to be performed in this state; or
     (B) membership contracts as defined in 33-30-101;
     (ii) a managing general agent. For purposes of this chapter, the term "managing general agent" has the same meaning as set forth in 33-2-1501.
     (b) does not mean a customer service representative. For purposes of this definition, a "customer service representative" means a salaried employee of an insurance producer who assists and is responsible to the insurance producer.
     (10) "License" means a document issued by the commissioner that authorizes a person to act as an insurance producer for the kinds of insurance specified in the document. The license itself does not create actual, apparent, or inherent authority in the holder to represent or commit an insurer to a binding agreement.
     (11) "Person" means an individual, partnership, corporation, association, or other legal entity.
     (12) "Public adjuster" means an adjuster employed by and representing the interests of the insured.

     History: En. Secs. 146, 147, 148, 150, Ch. 286, L. 1959; R.C.M. 1947, 40-3302, 40-3303(part), 40-3304, 40-3306; amd. Sec. 5, Ch. 518, L. 1983; amd. Sec. 1, Ch. 409, L. 1987; amd. Sec. 18, Ch. 713, L. 1989; amd. Sec. 25, Ch. 798, L. 1991; amd. Sec. 49, Ch. 379, L. 1995; amd. Sec. 24, Ch. 531, L. 1997.