Noble Public Adjusting Group is glad that Florida has laws in place that regulate the activities of public adjusters. When you are as honest as we are, you don’t worry about yourself, you appreciate statutes regulating public adjusters in Florida so that dishonest public adjusters or those posing as public adjusters cannot get away with harming policyholders. Being a Florida public adjuster is a privilege and the guidelines and rules to become one are very strict and costly. Not everyone can become a public adjuster and that’s a good thing.
Below Noble has listed the statutes for Florida public adjusters concerning contact with potential clients, clients, and contact laws for insurance companies. We have also listed statutes affecting a Florida public adjuster contract. This information comes from the website of the MyFloridaCFO.com, Florida’s Chief Financial Officer. If you visit the link included here, you will also be able to read about the Florida statutes affecting Florida public adjuster fees and rules for advertising.
Florida Statutes Regulating Public Adjusters
Florida Public Adjuster Customer and Insurer Contact Rules
- Public adjusters may not solicit an insured or claimant except on Monday through Saturday and only between the hours of 8 a.m. and 8 p.m.
- Public adjusters must provide the claimant or insured a written estimate of the loss to assist them in the submission of a proof of loss or any other claim for payment of insurance proceeds. This estimate must also be available to the insurer or department should they request a copy. The written estimate must be maintained in the public adjuster’s records for at least 5 years.
- The law states that company adjusters, independent adjusters, attorneys, investigators, or others acting on behalf of the insurer must give the insured, claimant, public adjuster or legal representative of the insured at least 48 hours notice that they need access to the damaged property. The insured or claimant can waive this notice.
- Public adjusters must provide prompt notice to an insurer for which the public adjuster is handling the claim for a claimant or insured. In addition to the notice, a public adjuster must include a copy of the contract; ensure the property is available for inspection and that the insurer has an opportunity to interview the insured directly about the loss. A public adjuster’s actions must not obstruct or prevent an insurer or company adjuster or other person acting on behalf of the insurer from having reasonable access to the insured, claimant or the insured property. If a public adjuster is unavailable and it would delay the insurance company’s timely inspection of the damaged property, the public adjuster or the insured must allow the insurer access to the property without the public adjuster or insured’s participation.
- The insurer may not exclude the public adjuster from its in-person
meetings with the insured. The insurer shall meet or communicate with the
public adjuster in an effort to reach an agreement as to the scope of the covered
loss under the insurance policy. The public adjuster shall meet or communicate
with the insurer in an effort to reach an agreement as to the scope of the
covered loss under the insurance policy. This section does not impair the
terms and conditions of the insurance policy in effect at the time the claim is
- A public adjuster shall not acquire any interest in a salvaged property,
except with the written consent and permission of the insured through a
Florida Public Adjuster Contracts
- An insured or claimant can cancel a contract with a public adjuster without penalty or obligation within 3 business days after the date it was executed or within 3 business days after the date, the insured or claimant notified the insurer of the claim, whichever is later.
- The adjuster’s contract must disclose to the insured or claimant his or her right to cancel the contract and advise the notice of cancellation must be submitted in writing and sent by certified mail, return receipt requested, or other forms of mailing which provides proof, to the public adjuster’s address specified in the contract.
- However, during any state of emergency as declared by the Governor and for a period of 1 year after the date of loss, the insured or claimant will have 5 business days after the execution date to cancel a contract with a public adjuster.
- Public adjuster contracts must be in writing and must display an anti-fraud statement.
- A public adjuster contract related to a property and casualty insurance claim must contain the full name of the public adjuster and public adjusting firm, the business address, license number, and other specified information.
- There are several important statutory requirements pertaining to contracts made by public adjusters:
- Must state the type of claim, including an emergency claim, non-emergency claim or supplemental claim.
- Requires the signatures of all named insureds.
- If the signatures of all named insureds are not available, the public adjuster must submit an affidavit signed by the available named insureds attesting that they have authority to enter into the contract and settle all claim issues on behalf of the named insureds.
- An unaltered copy of the contract must be remitted to the insurer within 30 days after execution. This means the contract provided to the insurer must also contain the agreed upon fee percentage.
As we stated at the beginning of this blog post, the above information comes directly from the website of Florida’s Chief Financial Officer. You can read all of the statutes concerning Florida public adjusters by visiting this link.
When you need to file an insurance claim for damages to your Florida home or commercial property, let Noble Public Adjusting Group handle it for you. A recent study shows that by using a public adjuster, policyholders receive on average 747% more of an insurance settlement than if they had handled the claim themselves. Call us today to discuss the Florida statutes concerning public adjusters, to set up a free insurance policy review, or for any other questions or concerns you have.
Noble Public Adjusting Group
107 Amar Place Suite 103
Panama City Beach (West End), FL 32413