(a) "Automated claims adjudication system" means a preprogrammed computer system that a licensee or licensed insurance producer, or a person under a licensee’s or licensed insurance producer’s supervision, uses to collect, enter data concerning, calculate and finally resolve a portable electronics insurance claim and that complies with all requirements of the Insurance Code.

(b)(A) "Portable electronics insurance" means insurance that covers repairing or replacing a portable electronic device or accessories and services related to using a portable electronic device upon a loss, theft, mechanical failure, malfunction, damage or other peril.

(B) "Portable electronics insurance" does not include:

(i) A service contract, as described in ORS 646A.154, that is subject to the provisions of ORS 646A.150 to 646A.172;

(ii) A warranty;

(iii) A maintenance agreement, as defined in ORS 646A.152; or

(iv) Insurance that covers a vendor’s or manufacturer’s obligations under a warranty.

(2) The requirement under ORS 744.505 to obtain a license to engage in business as an adjuster does not apply:

(a) To a licensed resident insurance producer or a person that an authorized insurer employs and authorizes in writing to adjust losses under the insurer’s policies that insure domestic risks;

(b) For a period during which a person adjusts one loss before obtaining the license, if the person applies for the license within two days after beginning the adjustment and in all other respects complies with the provisions of this chapter that govern adjusters;

(c) To a person that obtains and holds a temporary permit under ORS 744.555, if the person obtains the permit within five days after a deployment to adjust claims that arise from a declared catastrophe and the person performs only actions that are authorized under ORS 744.555;

(d) To an average adjuster or adjuster of maritime losses when adjusting maritime losses;

(e) To an individual who performs or provides repair or replacement services under home protection insurance;

(f) To an individual who collects or provides claim information from or to an insured or claimant and who enters data into an automated claims adjudication system, if a licensee or an affiliate of a licensee employs the individual and does not supervise or allow an insurance producer to supervise more than 25 individuals who collect or provide claim information and enter data into an automated claims adjudication system;

(g) To an insurance producer during a period in which the insurance producer supervises an individual described in paragraph (f) of this subsection;

(h) To a person that provides, without compensation, an estimate, investigation or report by or on behalf of a principal;

(i) To a person that provides to an insurer or an insured a valuation or estimate that is not connected to a claim;

(j) To a person that provides, without compensation, an estimate for repairs that the person will perform, even if the person receives compensation for the repairs under the claim; or

(k) To an attorney-at-law that renders services while performing duties as an attorney-at-law. [1967 c.359 §560; 1971 c.231 §33; 1981 c.247 §19; 1983 c.76 §11; 1989 c.701 §44; 2003 c.364 §122; 2011 c.408 §1; 2019 c.151 §25]