House
File
2582
-
Introduced
HOUSE
FILE
2582
BY
COMMITTEE
ON
COMMERCE
(SUCCESSOR
TO
HSB
701)
A
BILL
FOR
An
Act
relating
to
investigations
of
insurance
fraud
related
1
to
adjusters,
appraisers,
and
umpires,
and
license
and
2
financial
responsibility
requirements
for
adjusters,
and
3
including
effective
date
provisions.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
5
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2582
Section
1.
Section
507E.8,
subsection
1,
paragraphs
a
and
b,
1
Code
2026,
are
amended
to
read
as
follows:
2
a.
For
purposes
of
an
arrest
resulting
from
a
criminal
3
violation
of
any
provision
of
the
Code
subject
to
the
4
jurisdiction
of
the
commissioner
established
as
a
result
of
an
5
investigation
pursuant
to
this
chapter
or
chapter
502
,
502A
,
6
507A
,
522C,
522F,
523A
,
523C
,
523D
,
or
523I
.
7
b.
While
conducting
an
investigation
or
engaged
in
an
8
assignment
authorized
by
this
chapter
or
chapter
502
,
502A
,
9
507A
,
522C,
522F,
523A
,
523C
,
523D
,
or
523I
.
10
Sec.
2.
Section
522C.4,
subsection
2,
Code
2026,
is
amended
11
by
adding
the
following
new
paragraph:
12
NEW
PARAGRAPH
.
d.
An
insurance
producer
licensed
under
13
chapter
522B
appointed
by,
and
granted
claim
authority
by,
an
14
insurer
or
self-insurer.
15
Sec.
3.
Section
522C.7,
Code
2026,
is
amended
to
read
as
16
follows:
17
522C.7
Financial
responsibility.
18
1.
Prior
to
issuance
of
a
license
under
section
522C.5A
,
19
522C.5B
,
522C.5C
,
or
522C.5D
,
an
applicant
shall
secure
20
evidence
of
financial
responsibility
through
a
surety
bond
21
as
in
a
form
and
manner
prescribed
by
the
commissioner.
22
The
surety
bond
shall
be
executed
and
issued
by
an
insurer
23
authorized
to
issue
surety
bonds
in
this
state
and
meet
the
24
following
requirements:
25
a.
The
surety
bond
shall
be
a
minimum
of
fifty
thousand
26
dollars.
27
b.
The
surety
bond
shall
be
in
favor
of
the
state
and
28
specifically
authorize
recovery
by
the
commissioner
on
behalf
29
of
any
person
in
this
state
who
sustains
damages
as
the
result
30
of
an
adjuster’s
erroneous
act,
failure
to
act,
fraud,
or
31
unfair
or
deceptive
act
or
practice
under
chapter
507B
.
32
c.
The
surety
bond
shall
not
be
terminated
without
prior
33
written
notice
filed
with
the
division
a
minimum
of
thirty
34
calendar
days
prior
to
termination.
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2.
The
division
may
request
that
an
adjuster
provide
1
evidence
of
financial
responsibility
at
any
time
the
division
2
deems
relevant.
3
3.
An
adjuster
shall
immediately
notify
the
division
if
the
4
adjuster’s
evidence
of
financial
responsibility
terminates
in
5
violation
of
subsection
1
,
paragraph
“c”
,
or
becomes
impaired,
6
and
the
adjuster’s
license
shall
become
inactive
until
the
7
adjuster
provides
the
division
with
evidence
of
financial
8
responsibility.
9
Sec.
4.
EMERGENCY
RULES.
The
insurance
division
may
adopt
10
emergency
rules
under
section
17A.4,
subsection
3,
and
section
11
17A.5,
subsection
2,
paragraph
“b”,
to
implement
the
provisions
12
of
this
Act
amending
section
522C.7,
and
the
rules
shall
be
13
effective
immediately
upon
filing
unless
a
later
date
is
14
specified
in
the
rules.
Any
rules
adopted
in
accordance
with
15
this
section
shall
also
be
published
as
a
notice
of
intended
16
action
as
provided
in
section
17A.4.
17
Sec.
5.
EFFECTIVE
DATE.
This
Act,
being
deemed
of
immediate
18
importance,
takes
effect
upon
enactment.
19
EXPLANATION
20
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
21
the
explanation’s
substance
by
the
members
of
the
general
assembly.
22
This
bill
relates
to
investigations
of
insurance
fraud
23
related
to
adjusters,
appraisers,
and
umpires,
and
license
and
24
financial
responsibility
requirements
for
adjusters.
25
Under
current
law,
an
individual
employed
by
the
insurance
26
division
(division)
and
designated
as
a
peace
officer
shall
be
27
considered
a
law
enforcement
officer
for
purposes
of
an
arrest
28
resulting
from
a
criminal
violation
of
the
Code
subject
to
the
29
jurisdiction
of
the
commissioner
of
insurance
(commissioner)
30
after
an
investigation
pursuant
to,
or
while
conducting
an
31
investigation
or
engaged
in
an
assignment
authorized
by,
Code
32
chapter
502,
502A,
507A,
507E,
523A,
523C,
523D,
or
523I.
33
The
bill
also
includes
an
investigation
pursuant
to,
or
an
34
investigation
or
assignment
authorized
by,
Code
chapters
522C
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(licensing
of
adjusters)
and
522F
(licensing
and
regulation
of
1
appraisers
and
umpires).
2
Under
the
bill,
a
license
as
an
adjuster
shall
not
be
3
required
for
a
licensed
insurance
producer
appointed
by,
and
4
granted
claim
authority
by,
an
insurer
or
self-insurer.
5
Under
current
law,
prior
to
issuance
of
a
license
as
an
6
adjuster,
an
applicant
must
secure
evidence
of
financial
7
responsibility
through
a
surety
bond
as
prescribed
by
the
8
commissioner,
executed
and
issued
by
an
insurer
authorized
9
to
issue
surety
bonds.
Additionally,
the
division
may
10
request
evidence
of
financial
responsibility
at
any
time
and
11
an
adjuster
shall
immediately
notify
the
division
if
the
12
adjuster’s
evidence
of
financial
responsibility
terminates,
at
13
which
time
the
adjuster’s
license
shall
become
inactive.
The
14
bill
eliminates
these
requirements
and
instead
requires
that,
15
prior
to
being
issued
a
license
as
an
adjuster,
an
applicant
16
secure
evidence
of
financial
responsibility
in
a
form
and
17
manner
prescribed
by
the
commissioner.
18
The
division
may
adopt
emergency
rules
to
implement
the
19
provisions
of
the
bill
amending
Code
section
522C.7.
20
The
bill,
being
deemed
of
immediate
importance,
takes
effect
21
upon
enactment.
22
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