Oklahoma § 36-6218 - Catastrophes

§ 36-6218. Catastrophes

A. In the event of a catastrophe, the Insurance Commission may

declare an emergency to exist, and in the event of such a

declaration, the Commissioner may issue a license as an emergency

adjuster to any resident or nonresident applicant. Such declaration

of emergency may be made per zip code or on a county-by-county

basis, or any combination thereof. An individual licensed as an

emergency adjuster pursuant to this section may only adjust claims

related to the catastrophe. The applicant shall not have to be a

licensed adjuster. An applicant for this license shall be certified

in the manner prescribed by the Commissioner by an adjuster licensed

in this state or by an insurer who maintains an office in this state

and is licensed to do business in this state. A licensed adjuster

or insurer who certifies an applicant for this license shall be

responsible for any losses caused by the applicant or for any

improper claim handling practices committed by the applicant. The

employer of this applicant shall certify the application for license

as an emergency adjuster to the Commissioner within five (5) days

after the applicant begins working as an emergency adjuster for the

employer. The license as an emergency adjuster shall remain in

force for not more than ninety (90) days from the date the

Commissioner issues an emergency declaration order. The emergency

declaration order may be extended an additional ninety (90) days at

the Commissioner's discretion. An emergency adjuster may only

adjust claims resulting from the particular catastrophe for which

the emergency declaration order is issued.

B. The Commissioner may suspend or revoke the right of any

person acting as an adjuster or an emergency adjuster in this state

pursuant to the authority derived from the provisions of the

Insurance Adjusters Licensing Act to continue to adjust claims in

this state after a hearing on the suspension or revocation if the

Commissioner finds that said person has engaged in any of the

practices forbidden to a licensed adjuster. Notice of the hearing

on said suspension or revocation shall be given personally or shall

be sent by mail to the address stated in the registration. A

duplicate copy of the notice shall be given to the insurer.

Oklahoma Statutes - Title 36. Insurance

C. No public adjuster shall charge, agree to or accept as

compensation or reimbursement any payment, commission, fee or other

thing of value equal to more than ten percent (10%) of the amount of

the insurance settlement claim paid by the insurer on any claim

resulting from a catastrophe declared by the Commissioner to be an

emergency pursuant to subsection A of this section. The provisions

of this subsection shall not apply to a public adjuster providing

public adjuster services on behalf of a for-profit commercial

entity.

Added by Laws 1973, c. 178, § 18. Amended by Laws 1983, c. 129, §

17, eff. Nov. 1, 1983; Laws 1997, c. 418, § 114, eff. Nov. 1, 1997;

Laws 2015, c. 297, § 4, eff. Nov. 1, 2015.