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Home > Insurance > Public Adjuster

WORKING WITH A PUBLIC ADJUSTER
Your Consumer Rights
As a policyholder, you have legal rights when working with a Public Adjuster. It’s important
to know your rights and the Public Adjuster’s responsibilities prior to signing a contract.
Assisting with the necessary forms and documents
needed to process your claim
Helping to manage your claim by making sure claim
filing requirements are met
Helping to recover the amount you are owed under
your insurance contract
The Public Adjuster can file an insurance claim for you and
act on your behalf to settle the claim. The Public Adjuster’s
role can also include:
A PUBLIC
ADJUSTER’S
ROLE IS TO
REPRESENT
YOU, THE
POLICYHOLDER.
REQUIREMENTS OF A VALID CONTRACT
In order to be valid, the Public Adjuster contract must be in writing and include specific information such as:
The full name, business address and license
number of the Public Adjuster
The full name of the public adjusting firm
Your full name, street address, address of loss if
different from your street address, your phone
number, if available
Your insurance company’s name and policy
number, if available
A description of the loss
The percentage of compensation for the Public
Adjuster’s services
The type of claim (emergency, non-emergency,
or supplemental)
The contract must also include a fraud statement as outlined in Florida Law*, which essentially states that it is
a 3rd degree felony for a person to intentionally defraud an insurance company or insurance consumer.
BE SURE TO REVIEW THE CONTRACT PRIOR TO SIGNING. If the contract does not include all of the required
information, the contract is not valid and is not enforceable.
48-hour notice if the public adjuster
needs access to you in order to schedule a
meeting or needs access to your property
for an onsite inspection (you may waive
the 48-hour notice).
THE PUBLIC ADJUSTER MUST PROVIDE**:
A copy of the signed contract to the
insurance company within 30 days after
it is executed.
A written estimate of the damages
for submission as proof of loss to your
insurance company within 60 days after
the date of the contract. The written
estimate must include an itemized
estimate of all the repairs, including
itemized information on equipment,
materials, labor, and supplies.
1
2
3
Details regarding your right to cancel the
contract and how to cancel the contract
The signatures of the public adjuster and all
named insureds
The date all parties signed the contract
The following language in minimum 18-point
bold type:
“You, the insured, may cancel this contract for
any reason without penalty or obligation to you
within 10 days after the date of this contract by
providing notice to … (name of public adjuster)
…,submitted in writing and sent by certified
mail, return receipt requested, or other form
of mailing that provides proof thereof, at the
address specified in the contract.”
RIGHT TO CANCEL THE PUBLIC
ADJUSTER CONTRACT**
You have the right to cancel a contract with a Public Adjuster
WITHIN 10 CALENDAR DAYS after the date the contract
is executed.
Your notice of cancellation must be made in writing and sent by certified mail, with a return receipt requested,
or another form of mailing that will provide proof to the Public Adjuster at the address listed in the contract.
▶ A Public Adjuster cannot accept a settlement of a claim unless it
is authorized and approved by you.
▶ Any expenses that the Public Adjuster requests to be reimbursed
for (out of the claims payment) must be specified in the contract
and signed by all parties. An example of an expense that the
Public Adjuster may incur and request reimbursement for could
include a contract with an engineering firm to provide a more
detailed report of the damage for submission to the insurance
company.
▶ A Public Adjuster cannot make misleading statements when
advertising.
▶ A Public Adjuster cannot ask or encourage you to submit a false
or fraudulent claim.
▶ A Public Adjuster must avoid conflicts of interest and cannot enter
into a contract to do both public adjusting and participate in the
repair, restoration or construction of damaged property of the
same claim.
▶ A Public Adjuster is only allowed to contact you Monday through
Saturday between the hours of 8:00 a.m. and 8:00 p.m.
▶ A Public Adjuster cannot begin soliciting business from you before
8:00 a.m. or after 9:00 p.m., unless requested by you.
▶ A Public Adjuster is not allowed to give or offer anything valued
at more than $25 to anyone for promotional purposes or to
encourage them to enter into a contract.
▶ A Public Adjuster is not allowed to give or offer anything of value
in exchange for allowing an inspection of a residential property
owner’s roof.
▶ A Public Adjuster is not allowed to give or offer anything of value in
exchange for filing an insurance claim for damage to a residential
property owner’s roof.
▶ A Public Adjuster is not allowed to give or offer a loan or advance
to you as a client or potential client.
▶ A Public Adjuster is not allowed to obtain salvaged property
without your written consent and permission through a signed
affidavit.
HOW PUBLIC ADJUSTERS HANDLE CLAIMS** PUBLIC ADJUSTER FEES**
20%
10%
OF THE CLAIM
PAYMENT
OF THE CLAIM
PAYMENT
Applies to new, reopened,
and supplemental claims
that are not declared by
the Governor as a state of
emergency.
Applies to hurricane losses
and similar losses for up to
one year for events that the
Governor has declared are
a state of emergency. After
one year, the public adjuster
can then charge 20% of the
claim payment.
The Public Adjuster’s fee will
be deducted from your claim
payment. However, if you received
any claim payments from your
insurance company prior to
signing the contract with a Public
Adjuster, the Public Adjuster
cannot charge you a fee based on
the previous claim payments you
received.
A Public Adjuster that reaches
out to you to provide services for
a claim and does not enter into a
contract with you, may not charge
you for any services related to the
claim.
A Public Adjuster is only allowed
to charge the following fees based
upon the amount of the claim
payment they were able to obtain
from your insurance company.
If you have additional questions or concerns prior to signing a contract with a
Public Adjuster, contact the Department of Financial Services’ Division of Consumer
Services’ toll-free Insurance Consumer Helpline at 1.877.MY.FL.CFO (693-5236) or
the Office of the Insurance Consumer Advocate at 850.413.5923.
www.MyFloridaCFO.com/Division/ICA
@YourFLVoice
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CONSUMER TIPS
Conduct an online search of the Public
Adjuster (PA) and the company the PA
works for to read reviews on their work from
previous companies. The Better Business
Bureau may also have reviews and feedback
from consumers on the company.
Ask the Public Adjuster for references and
call the listed persons to verify the PA’s work
history or experience.
Contact the Department of Financial
Services’ Division of Consumer Services
at 850.413.3089 to determine if any
complaints have been filed against the
Public Adjuster.
Cancellation options and a statement
regarding false and fraudulent insurance
claims must be included in the contract.
The full name, business address, and license
number of the Public Adjuster must be
included in the contract.
The percentage of compensation for the
Public Adjuster’s services must be included
in the contract.
The Public Adjuster cannot guarantee you
that there will be a quicker claim settlement
or that you will receive a larger claim
settlement by entering into a contract for
their services.
Keep copies of all correspondence and
communication with the Public Adjuster,
contractors and insurance company to
support your claim.
Maintain an interaction log of both written
and oral communication.
Verify the Public Adjuster’s License
and Report Unlicensed Activity Review The Contract Before Signing
Research the Public Adjuster and
Check References Before Hiring
Document Accordingly
There are No Guarantees
Contact the Department of Financial
Services’ Division of Insurance Agent and
Agency Services at 850.413.3137 or
www.MyFloridaCFO.com/Division/Agents/
Licensure.
* Sections 817.234 (1)(a)4(b) and 626.8796(1)), Florida Statutes
** Applicable only to residential property and condominium unit owner policies. Section 626.854, Florida Statutes

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