§ 26.1-26.8-15 — Standards of conduct of public adjuster

North Dakota § 26.1-26.8-15

• Jurisdiction: North Dakota
• Title 26.1: Insurance
• Ch. 26.1-26.8: Public Adjusters

Text

1. A public adjuster shall serve with objectivity and complete loyalty to the interest of the
insured and in good faith shall render to the insured such information, counsel, and
service, as within the knowledge, understanding, and opinion of the public adjuster will
best serve the insurance claim needs and interest of the insured.
2. A public adjuster may not solicit or attempt to solicit an insured during the progress of
a loss-producing occurrence, as defined in the insured's insurance contract.
3. A public adjuster may not permit an unlicensed employee or representative of the
public adjuster to conduct business for which a license is required under this chapter.
4. A public adjuster may not have a financial interest in any aspect of the claim, other
than the salary, fee, commission, or other consideration established in the written
contract with the insured. A financial interest includes ownership of, employment by, or
other consideration received from an individual or business entity that performs work
pertaining to damage related to the insured loss.

5. A public adjuster may not acquire an interest in salvage of property subject to the
contract with the insured unless the public adjuster obtains written permission from the
insured after settlement of the claim with the insurer.
6. A public adjuster may not refer or direct the insured to obtain needed repairs or
services in connection with a loss from a person:
a. With which the public adjuster has a financial interest; or
b. From which the public adjuster may receive compensation or other consideration
for the referral.
7. A public adjuster may not undertake the adjustment of a claim if the public adjuster is
not competent and knowledgeable as to the terms and conditions of the insurance
coverage or if the loss or coverage otherwise exceeds the current expertise of the
public adjuster.
8. A public adjuster may not knowingly make a false oral or written material statement
regarding a person engaged in the business of insurance to an insured client or
potential insured client.
9. A public adjuster, while licensed pursuant to this chapter, may not represent or act as a
company adjuster or independent adjuster in any circumstance.
10. A public adjuster may not enter a contract or accept a power of attorney that vests in
the public adjuster the effective authority to choose the person that will perform repair
work.
11. A public adjuster may not agree to a loss settlement without the insured's knowledge
and consent.