§ 33-23-43-8 — Prohibited acts of adjusters

Georgia § 33-23-43-8

• Jurisdiction: Georgia
• Title: 33

Text

(a) An adjuster shall not solicit or attempt to solicit a client for employment during the progress of a loss-producing natural disaster occurrence. For purposes of this subsection, the term "natural disaster" means any natural disaster for which a state of emergency is proclaimed by the Governor. (b) An adjuster shall not solicit or attempt to solicit business on a loss or a claim in person, by telephone, or in any other manner at any time except between the hours of 8:00 A.M. and 10:00 P.M. on a weekday or a Saturday and between noon and 10:00 P.M. on a Sunday. This subsection shall not prohibit an adjuster from accepting phone calls or personal visits during the prohibited hours from an insured on the insured's initiation. (c) An adjuster shall not knowingly make any false report to the adjuster's employer or client and shall not divulge to any other person, except as the law may require, any information obtained except at the direction of the employer or the client for whom the information is obtained. (d) An adjuster shall not permit an unlicensed employee or other representative of the adjuster to in any manner conduct business for which a license is required under this chapter. (e) An agent shall not render services or perform acts that constitute the practice of law, including the giving of legal advice to any person, in his or her capacity as an adjuster. (f) A public adjuster shall not solicit or attempt to solicit business, directly or indirectly, or act in any manner on a bodily injury loss covered by a life, health, or accident insurance policy or on any claim for which the client is not an insured under the insurance policy. (g) An adjuster shall not: (1) Participate directly or indirectly in the reconstruction, repair, or restoration of damaged property that is the subject of a claim adjusted by such adjuster; (2) Engage in any other activities that may reasonably be construed as presenting a conflict of interest, including soliciting or accepting any remuneration from, having a financial interest in, or deriving any direct or indirect financial benefit from, any salvage firm, repair firm, construction firm, or other firm that obtains business in connection with any claim the adjuster has a contract or agreement to adjust; (3) Without the knowledge and consent of the insured in writing, acquire an interest in salvaged property that is the subject of a claim adjusted by such adjuster; (4) Represent an insured on a claim or charge a fee to an insured while representing the insurance carrier against which such claim is made; (5) Directly or indirectly solicit employment for an attorney or enter into a contract with an insured for the primary purpose of referring an insured to an attorney without the intent to actually perform the services customarily provided by a licensed public adjuster. This Code section shall not be construed to prohibit an adjuster from recommending a particular attorney to an insured; or (6) Act on behalf of an attorney during the course of a claim adjustment, through an insured signed attorney representation agreement or other means. (h) An adjuster shall not engage in misrepresentation to solicit a contract or agreement to adjust a claim. (i) An adjuster shall not: (1) Advance money to any potential client or insured; or (2) Pay, allow, or give, or offer to pay, allow, or give, directly or indirectly, to a person who is not a licensed public adjuster a fee, commission, or other valuable consideration for the referral of an insured to such adjuster for purposes of the insured entering into a contract with such adjuster or for any related purpose. (j) An adjuster shall not use any letterhead, advertisement, or other printed matter, or use any other means, to represent that such adjuster is an instrumentality of the federal government, of a state, or of a political subdivision of a state. (k) A contractor shall not act as a public adjuster or advertise to adjust claims for any property for which the contractor is providing or may provide contracting services, regardless of whether the contractor: (1) Holds a license under this chapter; or (2) Is authorized to act on behalf of the insured under a power of attorney or other agreement. However, a contractor may discuss or explain a bid for construction or repair of covered property with a residential property owner who has suffered loss or damage covered by a property insurance policy, or the insurer of such property, if the contractor is doing so for the usual and customary fees applicable to the work to be performed as stated in the contract between the contractor and the insured. (l) A public adjuster shall not accept a fee, commission, or other valuable consideration of any nature, regardless of form or amount, in exchange for the referral by such adjuster of an insured to any third-party individual or firm, including an attorney, appraiser, umpire, construction company, contractor, or salvage company. (m) No person who has had his or her license under this title refused or revoked shall be an owner, officer, or director of a business entity, association, or corporation if such entity, association, or corporation holds itself out as a public adjuster, a public adjusting firm, or otherwise represents itself or acts as an association of public adjusters or an association which offers public adjusting services.

Legislative History

Amended by 2022 Ga. Laws 782,§ 33, eff. 5/2/2022. Added by 2021 Ga. Laws 185,§ 4, eff. 7/1/2021.