31A-26-310 - Compensation of insurers' claims adjusters.
31A-26-310. Compensation of insurers' claims adjusters.
(1) (a) Except as provided in Subsection (2), an insurer or an insured may not pay aperson who is representing the insurer or insured in connection with an insurance claimadjustment on any basis that is dependent, in whole or in part, upon the amounts paid an insuredor claimant under an insurance policy.
(b) Subsection (1)(a) includes payments to:
(i) an employee of:
(A) the insurer; or
(B) the insured;
(ii) an independent contractor; or
(iii) a public adjuster.
(2) Subsection (1) does not prohibit a compensation arrangement:
(a) based upon the overall profitability of the insurer;
(b) based upon the discovery or proof of fraudulent insurance claims; or
(c) conforming to an order or rule of the commissioner that addresses the compensationof persons engaged in insurance adjusting on behalf of:
(i) an insurer; or
(ii) an insured.
Amended by Chapter 252, 2003 General Session