STUDY GUIDE DETAILED ANSWERS READY
◉ 626.854 (5).
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).
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).
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).
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).
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).
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).
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).
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).
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.