Florida 3-20 Public Adjuster Exam Outlines| 141
questions| with complete answers
626.854 (3) - Correct Answer -A public adjuster may not give legal advice or
act on behalf of or aid any person in negotiating or settling a claim relating
to bodily injury, death, or noneconomic damages.
626.854 (5) - Correct Answer -A public adjuster may not directly or indirectly
through any other person or entity solicit an insured or claimant by any
means except on Monday through Saturday of each week and only between
the hours of 8 a.m. and 8 p.m. on those days.
626.854 (6) - Correct Answer -An insured or claimant may cancel a public
adjuster's contract to adjust a claim without penalty or obligation within 3
business days after the date on which the contract is executed or within 3
business days after the date on which the insured or claimant has notified
the insurer of the claim, whichever is later. The public adjuster's contract
must disclose to the insured or claimant his or her right to cancel the
contract and advise the insured or claimant that notice of cancellation must
be submitted in writing and sent by certified mail, return receipt requested,
or other form of mailing that provides proof thereof, to the public adjuster at
the address specified in the contract; provided, during any state of
emergency as declared by the Governor and for 1 year after the date of loss,
the insured or claimant has 10 business days after the date on which the
contract is executed to cancel a public adjuster's contract.
626.854 (7) - Correct Answer -It is an unfair and deceptive insurance trade
practice pursuant to s. 626.9541 for a public adjuster or any other person to
circulate or disseminate any advertisement, announcement, or statement
containing any assertion, representation, or statement with respect to the
business of insurance which is untrue, deceptive, or misleading.
626.854 (7) (a) - Correct Answer -The following statements, made in any
public adjuster's advertisement or solicitation, are considered deceptive or
misleading:
1. A statement or representation that invites an insured policyholder to
submit a claim when the policyholder does not have covered damage to
insured property.
2. A statement or representation that invites an insured policyholder to
submit a claim by offering monetary or other valuable inducement.
3. A statement or representation that invites an insured policyholder to
submit a claim by stating that there is "no risk" to the policyholder by
submitting such claim.
,4. A statement or representation, or use of a logo or shield, that implies or
could mistakenly be construed to imply that the solicitation was issued or
distributed by a governmental agency or is sanctioned or endorsed by a
governmental agency.
626.854 (7) (b) - Correct Answer -For purposes of this paragraph, the term
"written advertisement" includes only newspapers, magazines, flyers, and
bulk mailers. The following disclaimer, which is not required to be printed on
standard size business cards, must be added in bold print and capital letters
in typeface no smaller than the typeface of the body of the text to all written
advertisements by a public adjuster:
"THIS IS A SOLICITATION FOR BUSINESS. IF YOU HAVE HAD A CLAIM FOR AN
INSURED PROPERTY LOSS OR DAMAGE AND YOU ARE SATISFIED WITH THE
PAYMENT BY YOUR INSURER, YOU MAY DISREGARD THIS ADVERTISEMENT."
626.854 (8) - Correct Answer -A public adjuster, a public adjuster apprentice,
or any person or entity acting on behalf of a public adjuster or public adjuster
apprentice may not give or offer to give a monetary loan or advance to a
client or prospective client.
626.854 (9) - Correct Answer -A public adjuster, public adjuster apprentice, or
any individual or entity acting on behalf of a public adjuster or public
adjuster apprentice may not give or offer to give, directly or indirectly, any
article of merchandise having a value in excess of $25 to any individual for
the purpose of advertising or as an inducement to entering into a contract
with a public adjuster.
626.854 (10) (a) - Correct Answer -If a public adjuster enters into a contract
with an insured or claimant to reopen a claim or file a supplemental claim
that seeks additional payments for a claim that has been previously paid in
part or in full or settled by the insurer, the public adjuster may not charge,
agree to, or accept from any source compensation, payment, commission,
fee, or any other thing of value based on a previous settlement or previous
claim payments by the insurer for the same cause of loss. The charge,
compensation, payment, commission, fee, or any other thing of value must
be based only on the claim payments or settlement obtained through the
work of the public adjuster after entering into the contract with the insured
or claimant. Compensation for the reopened or supplemental claim may not
exceed 20 percent of the reopened or supplemental claim payment. In no
event shall the contracts described in this paragraph exceed the limitations
in paragraph (b).
626.854 (10) (b) - Correct Answer -A public adjuster may not charge, agree
to, or accept from any source compensation, payment, commission, fee, or
any other thing of value in excess of:
, 1. Ten percent of the amount of insurance claim payments made by the
insurer for claims based on events that are the subject of a declaration of a
state of emergency by the Governor. This provision applies to claims made
during the year after the declaration of emergency. After that year, the
limitations in subparagraph 2. apply.
2. Twenty percent of the amount of insurance claim payments made by the
insurer for claims that are not based on events that are the subject of a
declaration of a state of emergency by the Governor.
626.854 (10) (c) - Correct Answer -Insurance claim payments made by the
insurer do not include policy deductibles, and public adjuster compensation
may not be based on the deductible portion of a claim.
626.854 (10) (d) - Correct Answer -Any maneuver, shift, or device through
which the limits on compensation set forth in this subsection are exceeded is
a violation of this chapter punishable as provided under s. 626.8698.
626.854 (11) - Correct Answer -Each public adjuster must provide to the
claimant or insured a written estimate of the loss to assist in the submission
of a proof of loss or any other claim for payment of insurance proceeds. The
public adjuster shall retain such written estimate for at least 5 years and
shall make the estimate available to the claimant or insured, the insurer, and
the department upon request.
626.854 (12) - Correct Answer -A public adjuster, public adjuster apprentice,
or any person acting on behalf of a public adjuster or apprentice may not
accept referrals of business from any person with whom the public adjuster
conducts business if there is any form or manner of agreement to
compensate the person, directly or indirectly, for referring business to the
public adjuster. A public adjuster may not compensate any person, except for
another public adjuster, directly or indirectly, for the principal purpose of
referring business to the public adjuster.
626.854 (13) - Correct Answer -A company employee adjuster, independent
adjuster, attorney, investigator, or other persons acting on behalf of an
insurer that needs access to an insured or claimant or to the insured
property that is the subject of a claim must provide at least 48 hours' notice
to the insured or claimant, public adjuster, or legal representative before
scheduling a meeting with the claimant or an onsite inspection of the insured
property. The insured or claimant may deny access to the property if the
notice has not been provided. The insured or claimant may waive the 48-
hour notice.
626.854 (14) - Correct Answer -The public adjuster must ensure that prompt
notice is given of the claim to the insurer, the public adjuster's contract is
provided to the insurer, the property is available for inspection of the loss or
questions| with complete answers
626.854 (3) - Correct Answer -A public adjuster may not give legal advice or
act on behalf of or aid any person in negotiating or settling a claim relating
to bodily injury, death, or noneconomic damages.
626.854 (5) - Correct Answer -A public adjuster may not directly or indirectly
through any other person or entity solicit an insured or claimant by any
means except on Monday through Saturday of each week and only between
the hours of 8 a.m. and 8 p.m. on those days.
626.854 (6) - Correct Answer -An insured or claimant may cancel a public
adjuster's contract to adjust a claim without penalty or obligation within 3
business days after the date on which the contract is executed or within 3
business days after the date on which the insured or claimant has notified
the insurer of the claim, whichever is later. The public adjuster's contract
must disclose to the insured or claimant his or her right to cancel the
contract and advise the insured or claimant that notice of cancellation must
be submitted in writing and sent by certified mail, return receipt requested,
or other form of mailing that provides proof thereof, to the public adjuster at
the address specified in the contract; provided, during any state of
emergency as declared by the Governor and for 1 year after the date of loss,
the insured or claimant has 10 business days after the date on which the
contract is executed to cancel a public adjuster's contract.
626.854 (7) - Correct Answer -It is an unfair and deceptive insurance trade
practice pursuant to s. 626.9541 for a public adjuster or any other person to
circulate or disseminate any advertisement, announcement, or statement
containing any assertion, representation, or statement with respect to the
business of insurance which is untrue, deceptive, or misleading.
626.854 (7) (a) - Correct Answer -The following statements, made in any
public adjuster's advertisement or solicitation, are considered deceptive or
misleading:
1. A statement or representation that invites an insured policyholder to
submit a claim when the policyholder does not have covered damage to
insured property.
2. A statement or representation that invites an insured policyholder to
submit a claim by offering monetary or other valuable inducement.
3. A statement or representation that invites an insured policyholder to
submit a claim by stating that there is "no risk" to the policyholder by
submitting such claim.
,4. A statement or representation, or use of a logo or shield, that implies or
could mistakenly be construed to imply that the solicitation was issued or
distributed by a governmental agency or is sanctioned or endorsed by a
governmental agency.
626.854 (7) (b) - Correct Answer -For purposes of this paragraph, the term
"written advertisement" includes only newspapers, magazines, flyers, and
bulk mailers. The following disclaimer, which is not required to be printed on
standard size business cards, must be added in bold print and capital letters
in typeface no smaller than the typeface of the body of the text to all written
advertisements by a public adjuster:
"THIS IS A SOLICITATION FOR BUSINESS. IF YOU HAVE HAD A CLAIM FOR AN
INSURED PROPERTY LOSS OR DAMAGE AND YOU ARE SATISFIED WITH THE
PAYMENT BY YOUR INSURER, YOU MAY DISREGARD THIS ADVERTISEMENT."
626.854 (8) - Correct Answer -A public adjuster, a public adjuster apprentice,
or any person or entity acting on behalf of a public adjuster or public adjuster
apprentice may not give or offer to give a monetary loan or advance to a
client or prospective client.
626.854 (9) - Correct Answer -A public adjuster, public adjuster apprentice, or
any individual or entity acting on behalf of a public adjuster or public
adjuster apprentice may not give or offer to give, directly or indirectly, any
article of merchandise having a value in excess of $25 to any individual for
the purpose of advertising or as an inducement to entering into a contract
with a public adjuster.
626.854 (10) (a) - Correct Answer -If a public adjuster enters into a contract
with an insured or claimant to reopen a claim or file a supplemental claim
that seeks additional payments for a claim that has been previously paid in
part or in full or settled by the insurer, the public adjuster may not charge,
agree to, or accept from any source compensation, payment, commission,
fee, or any other thing of value based on a previous settlement or previous
claim payments by the insurer for the same cause of loss. The charge,
compensation, payment, commission, fee, or any other thing of value must
be based only on the claim payments or settlement obtained through the
work of the public adjuster after entering into the contract with the insured
or claimant. Compensation for the reopened or supplemental claim may not
exceed 20 percent of the reopened or supplemental claim payment. In no
event shall the contracts described in this paragraph exceed the limitations
in paragraph (b).
626.854 (10) (b) - Correct Answer -A public adjuster may not charge, agree
to, or accept from any source compensation, payment, commission, fee, or
any other thing of value in excess of:
, 1. Ten percent of the amount of insurance claim payments made by the
insurer for claims based on events that are the subject of a declaration of a
state of emergency by the Governor. This provision applies to claims made
during the year after the declaration of emergency. After that year, the
limitations in subparagraph 2. apply.
2. Twenty percent of the amount of insurance claim payments made by the
insurer for claims that are not based on events that are the subject of a
declaration of a state of emergency by the Governor.
626.854 (10) (c) - Correct Answer -Insurance claim payments made by the
insurer do not include policy deductibles, and public adjuster compensation
may not be based on the deductible portion of a claim.
626.854 (10) (d) - Correct Answer -Any maneuver, shift, or device through
which the limits on compensation set forth in this subsection are exceeded is
a violation of this chapter punishable as provided under s. 626.8698.
626.854 (11) - Correct Answer -Each public adjuster must provide to the
claimant or insured a written estimate of the loss to assist in the submission
of a proof of loss or any other claim for payment of insurance proceeds. The
public adjuster shall retain such written estimate for at least 5 years and
shall make the estimate available to the claimant or insured, the insurer, and
the department upon request.
626.854 (12) - Correct Answer -A public adjuster, public adjuster apprentice,
or any person acting on behalf of a public adjuster or apprentice may not
accept referrals of business from any person with whom the public adjuster
conducts business if there is any form or manner of agreement to
compensate the person, directly or indirectly, for referring business to the
public adjuster. A public adjuster may not compensate any person, except for
another public adjuster, directly or indirectly, for the principal purpose of
referring business to the public adjuster.
626.854 (13) - Correct Answer -A company employee adjuster, independent
adjuster, attorney, investigator, or other persons acting on behalf of an
insurer that needs access to an insured or claimant or to the insured
property that is the subject of a claim must provide at least 48 hours' notice
to the insured or claimant, public adjuster, or legal representative before
scheduling a meeting with the claimant or an onsite inspection of the insured
property. The insured or claimant may deny access to the property if the
notice has not been provided. The insured or claimant may waive the 48-
hour notice.
626.854 (14) - Correct Answer -The public adjuster must ensure that prompt
notice is given of the claim to the insurer, the public adjuster's contract is
provided to the insurer, the property is available for inspection of the loss or
