§ 38-48-70 — Public adjuster as agent of the insured; standards of conduct.

Public insurance adjusters are declared to be acting as the agents of the insureds they represent in the adjustment of any loss. A public insurance adjuster shall: (a) be honest and fair in all communications with the insured and with the insurer or its representatives; (b) have no financial interests in any aspect of the insured's claim, other than the salary, fee, commission, or other compensations that may be established in the written contract between the insured and the public insurance adjuster; (c) not refer or direct any insured needing repairs or other services in connection with a loss to any person with whom the public insurance adjuster has a financial interest; nor to any person who will or is reasonably anticipated to provide the public adjuster any direct or indirect compensation for the referral of any resulting business; (d) not prevent or attempt to dissuade an insured from communicating with an insurer, the insurer's adjuster, an independent adjuster representing the insurer, an attorney, or any other person regarding the settlement of the insured's claim; (e) not engage in any conduct which constitutes the unauthorized practice of law; (f) not acquire any interest in salvage of property subject to his contract, except with the express written permission of the insured, after settlement with the insurer; (g) not solicit or enter into any agreement for the repair or replacement of damaged property on which the public adjuster has been engaged to adjust or settle claims; and (h) not offer or provide advice as to whether the insured's claim is covered by the insured's contract with the insurer.

Legislative History

HISTORY: 2000 Act No. 380, SECTION 1.