Question 1
Which of the following people must hold a New York independent adjuster license?
Insurance Law § 2101(g)(1) defines an independent adjuster as anyone who, for money, commission, or any other thing of value, acts in this state on behalf of an insurer in the work of investigating and adjusting claims — and then carves out the officer, director, or regular salaried employee of an authorized insurer, the licensed New York attorney at law, average adjusters and adjusters of maritime losses, and employees of an insurer-owned adjustment bureau. The carrier's own staff adjuster and the officer who supervises settlements are therefore outside the license, while the fee-paid third-party adjusting firm and the people who work its New York files are squarely inside it. Two wrinkles ride along: the salaried-employee carve-out is pulled back when that employee acts as an auto body repair estimator under § 2101(j), and the statute reaches whoever 'acts in this state,' which DFS has read to include an adjuster who touches New York losses from another state by mail, telephone, or internet. Hook: New York licenses the independent, not the in-house — salaried carrier employees are carved out.