Question 1
A salaried claims employee of a Utah-admitted insurer adjusts homeowners losses full time as part of her regular duties. Under Utah law, she:
Utah Code § 31A-26-201(2)(a) exempts "a regular salaried employee of, and not an independent contractor for," an insurer, and the Utah Insurance Department says flatly that Utah does not license company adjusters. The license exists for the two adjusters who are not on an insurer's payroll: the independent adjuster, who acts as a representative of one or more insurers, and the public adjuster, who represents insureds and claimants. Read the hinge in the exemption — it turns on employment status, not on whose side you work for, so a contracted staff adjuster doing the same work on a 1099 is not exempt. The section runs ten exemptions, (a) through (j), including arbitrators and umpires selected by the claimant and the insurer, attorneys in an attorney-client relationship, employees giving a licensed adjuster only clerical help, and specially employed fact-gatherers (photographer, estimator, appraiser, marine surveyor, private detective, engineer, handwriting expert). The producer exemption at (2)(d) is doubly conditioned and is not the blanket carve-out it is usually taught as: it reaches only a class of insurance the producer is licensed for and only a claim adjusted at the insurer's request. Hook: in Utah a paycheck from the carrier means no adjuster license — a contract with the carrier does not.