Florida Statutes Regulating Public Adjusters
Important changes have been made to the Florida Statutes regulating the business of public adjusters in the past couple of years. Below are some that are the most important, including ones that became effective July 1, 2013.
Customer and Insurer Contact
- Public adjusters may not solicit an insured or claimant except on Monday through Saturday and only between the hours of 8 a.m. and 8 p.m.
- Public adjusters must provide the claimant or insured a written estimate of the loss to assist them in the submission of a proof of loss or any other claim for payment of insurance proceeds. This estimate must also be available to the insurer or department should they request a copy. The written estimate must be maintained in the public adjuster’s records for at least 5 years.
- The law states that company adjusters, independent adjusters, attorneys, investigators, or others acting on behalf of the insurer must give the insured, claimant, public adjuster or legal representative of the insured at least 48 hours notice that they need access to the damaged property. The insured or claimant can waive this notice.
- Public adjusters must provide prompt notice to an insurer for which the public adjuster is handling the claim for a claimant or insured. In addition to the notice, a public adjuster must include a copy of the contract; ensure the property is available for inspection and that the insurer has an opportunity to interview the insured directly about the loss. A public adjuster’s actions must not obstruct or prevent an insurer or company adjuster or other person acting on behalf of the insurer from having reasonable access to the insured, claimant or the insured property. If a public adjuster is unavailable and it would delay the insurance company’s timely inspection of the damaged property, the public adjuster or the insured must allow the insurer access to the property without the public adjuster or insured’s participation.
- The insurer may not exclude the public adjuster from its in-person meetings with the insured. The insurer shall meet or communicate with the public adjuster in an effort to reach agreement as to the scope of the covered loss under the insurance policy. The public adjuster shall meet or communicate with the insurer in an effort to reach agreement as to the scope of the covered loss under the insurance policy. This section does not impair the terms and conditions of the insurance policy in effect at the time the claim is
- A public adjuster shall not acquire any interest in salvaged property, except with the written consent and permission of the insured through a signed affidavit.
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