As used in this article, unless the context requires a different meaning:

"Catastrophic disaster" means an event where the President of the United States or the Governor of the Commonwealth has declared a state of emergency.

"Home state" means the District of Columbia and any state or territory of the United States, except Virginia, or any province of Canada, in which a public adjuster maintains such person's principal place of residence or principal place of business and is licensed by that jurisdiction to act as a resident public adjuster.

"License" an authorization issued to an individual or business entity by the Commission to act as a public adjuster. The license itself does not create any authority, actual, apparent, or inherent, in the licensee to represent, commit, or bind an insurer.

"Negotiate" means acting solely in relation to a first party claim arising under an insurance contract insuring real or personal property on behalf of a policyholder, including by investigating, evaluating, providing advice, preparing a claim, or advocating on behalf of or assisting the policyholder, in the settlement of a claim for loss or damage covered by an insurance contract.

"Policyholder" means a person who has contracted with a property and casualty insurer for insurance coverage or is a named insured.

"Proof of compliance" means all documents, forms, and fees specified by the Commission for filing proof of completion of Commission-approved continuing education courses for the appropriate number of hours and for the appropriate content.

"Public adjuster" means an individual or business entity who receives, either directly or indirectly, a salary, fee, commission, or other compensation for engaging in public adjusting services.

"Public adjusting" means soliciting, investigating, negotiating, adjusting, or providing advice to a policyholder in relation to first party claims arising under insurance contracts that insure the real or personal property of a policyholder for the purpose of effecting the settlement of a claim on behalf of the policyholder. Public adjusting includes advertising or representing oneself as a public adjuster; however, public adjusting does not include acting in any manner in relation to liability claims for personal injury or property damage, other third-party claims, or uninsured or underinsured bodily injury liability motor vehicle claims. A licensed insurance agent who only provides advice to a policyholder in relation to first party claims arising under insurance contracts sold, solicited, or negotiated by the agent that insure the real or personal property of a policyholder shall not be deemed to be engaged in public adjusting.

"Public adjusting services" means performing any act of public adjusting.

"Received by the Commission" means delivered into the possession of the Commission or its administrator at the business address of the Commission's administrator.

"Soliciting" means attempting to persuade or asking or urging a policyholder to enter into a public adjusting contract by describing the terms of the contract, including any fees or commissions, and offering to negotiate a claim of loss on behalf of the policyholder or initiating contact with any person, whether in person, by mail, by telephone, or otherwise, and seeking, causing, urging, advising, or attempting to have any person enter into any contract for public adjusting services. "Soliciting" does not include simply recommending a public adjuster to a person.

"Unauthorized practice of public adjusting" means providing public adjusting services without a license as required in §§ 38.2-1845.2 and 38.2-1845.5.

"Vulnerable adult" means any person 18 years of age or older who is impaired by reason of mental illness, intellectual or developmental disability, physical illness or disability, or other causes, including age, to the extent the adult lacks sufficient understanding or capacity to make, communicate, or carry out reasonable decisions concerning their well-being or has one or more limitations that substantially impair the adult's ability to independently provide for their daily needs or safeguard their person, property, or legal interests.

2012, cc. 734, 735; 2019, c. 627; 2026, c. 142.