1. (a) As used in this chapter, "independent adjuster" means a person, or an independent contractor or employee of a person, that:

   1. (1) contracts for compensation with insurers or self-insurers to investigate, negotiate, or settle property, casualty, or worker's compensation claims; and
   2. (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.

2. (b) The term does not include the following:

   1. (1) An attorney who:

      1. (A) is admitted to practice in Indiana; and
      2. (B) acts in a professional capacity as an attorney.

   2. (2) A person employed solely to do any of the following:

      1. (A) Obtain facts surrounding a claim.
      2. (B) Furnish technical assistance to a licensed independent adjuster.

   3. (3) An individual:

      1. (A) who is an employee of:

         1. (i) an independent adjuster who is licensed under this chapter; or
         2. (ii) an affiliate of an independent adjuster who is licensed under this chapter;

      2. (B) who is supervised by:

         1. (i) an independent adjuster licensed under this chapter; or

         2. (ii) an insurance producer licensed under IC 27-1-15.6 ;

            who supervises not more than twenty-five (25) persons described in this subdivision; and

      3. (C) who is employed solely to:

         1. (i) collect claim information from insureds or claimants;
         2. (ii) furnish claim information to insureds or claimants; or
         3. (iii) perform data entry into an automated claims adjudication system.
   4. (4) An individual who is employed to investigate suspected fraudulent insurance claims, but who does not adjust losses or determine claim payments.

   5. (5) A person that:

      1. (A) performs only executive, administrative, managerial, or clerical duties; and
      2. (B) does not investigate, negotiate, or settle claims with policyholders, claimants, or legal representatives of policyholders or claimants.
   6. (6) A person that settles only reinsurance or subrogation claims.
   7. (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.
   8. (8) A manager of the United States branch of an alien insurer.
   9. (9) A person that investigates, negotiates, or settles life, accident and health, annuity, or disability insurance claims.
   10. (10) Under a self-insured arrangement, an individual who adjusts claims on behalf of the individual's employer.
   11. (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.
   12. (12) A person that is authorized to adjust worker's compensation or disability claims under the authority of a third party administrator.
   13. (13) A person that investigates, negotiates, or settles crop insurance claims.

   14. (14) An individual who:

       1. (A) does not adjust losses or determine claim payments; and

       2. (B) is employed to use a specialized skill possessed by the individual to make a determination:

          1. (i) concerning an element of a claim; and
          2. (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.

As added by P.L.11-2011, SEC.22.