PART XII. INSURANCE CONSULTANTS

§1808.1. License required

A. No person shall act as, or hold himself out to be, an insurance consultant unless licensed by the Department of Insurance.

B.(1) "Insurance consultant" means any person or entity which offers for a fee or other valuable consideration any advice, counsel, opinion, or related services with respect to risk evaluation or management, the benefits, coverages, exclusions, or provisions under any policy of insurance to be issued in this state, or involving the advantages or disadvantages of any such policy of insurance, or any formal plan of managing risk.

(2) "Insurance consultant" for the purposes of this Part shall not include:

(a) Attorneys while working in the capacity of an attorney.

(b) Litigation support or insurance expert witness services related to litigated matters.

(c) Claims adjusters.

(d) Public adjusters, appraisers, contractors, or engineers engaged in the settlement of insurance claims, who do not have a direct or indirect financial interest in any aspect of the claim, other than the compensation established in the written contract with the insured.

(e) A licensed insurance producer who offers advice or consulting with respect to any of the following, regardless of whether the insurance producer is compensated by commission or agency fees for such advice, consulting, or services:

(i) Risk evaluation or management, risk transfer, self-insurance, self-insured retention programs.

(ii) The benefits, coverages, exclusions, or provisions under any policy of insurance.

(iii) The advantages or disadvantages of any policy of insurance or plan of managing risk.

(iv) Any other advice, consulting, or related policyholder services in conjunction with risk and insurance programs provided as an insurance producer.

(f) Loss control and accident prevention consultants.

(g) Certified public accountants while working in their capacity as an accountant.

(h) Actuaries who are members of the American Academy of Actuaries (MAAA).

Acts 2016, No. 312, §1.