Florida Statutes Regulating Public Adjusters

Florida Statutes Regulating Public Adjusters

Noble Public Adjusting Group is glad that Florida has laws in place that regulate the activities of public adjusters. When you are honest, you don’t worry about yourself, you appreciate state 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.  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 Public Adjuster Customer and Insurer Contact Rules

  • Public adjusters may not solicit an insured or claimant except on Monday through Saturday and only between 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 submitting 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 handles 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 can 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 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 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 when the claim is
    filed.
  • A public adjuster shall not acquire any interest in a salvaged property,
    except with the written consent and permission of the insured through a
    signed affidavit.

Note: For all of the regulation requirements of a Florida public adjuster, here is the link directly to the source MyFloridaCFO.com, Florida’s Chief Financial Officer.

Florida Public Adjuster Contracts

  • The insured may rescind the contract if the public adjuster has not submitted a written estimate to the insurer within 60 days after the contract is executed, unless there are factors beyond the public adjuster’s control that prevent such submission.
  • If the contract is entered into for a claim that arose from an event that is declared a state of emergency by the Governor, then the insured may cancel the contract without penalty or obligation within 30 days after the date of the loss or 10 days after the date the contract is executed, whichever is longer.
  • The contract must contain the following language in minimum 18‐point bold type immediately before the space reserved for the insured or the claimant’s signature:
    “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. If this contract was entered into based on events that are the subject of a declaration of a state of emergency by the Governor, you may cancel this contract for any reason without penalty or obligation to you within 30 days after the date of loss or 10 days after the date on which the contract is executed, whichever is longer. You may also cancel the contract without penalty or obligation to you if I, as your public adjuster, fail to provide you and your insurer a copy of a written estimate within 60 days of the execution of the contract, unless the failure to provide the estimate within 60 days is caused by factors beyond my control, in accordance with s. 627.70131(5)(a)2., F.S. The 60‐day cancellation period for failure to provide a written estimate shall cease on the date I have provided you with the written estimate.” The notice of cancellation shall be provided to (name of the 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.As we stated at the beginning of this blog post, the above information comes directly from the website of Florida’s Chief Financial Officer.

Statistically Speaking, It Pays to Hire a Public Adjuster 

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.

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