Florida Public Adjusters’ Ethics, Conduct Rule Revisions Under Review Include Definition of ‘Direct Supervision’

May 10, 2013

 

Yesterday, May 9, 2013, the Florida Department of Financial Services’ Division of Insurance Agents and Agency Services (“IAAS”) held a Rule Hearing to propose amendments incorporating legislative changes to Part VI of Chapter 626, F.S.

The proposed changes to Rule 69B-220.051, F.A.C., entitled “Conduct of Public Adjusters,” clarify the responsibilities and requirements of public adjusters and public adjusters apprentices, define the terms “direct supervision” and “adjusting services,” specify the terms and conditions of public adjusters contracts, require the license number on advertisements, delete provisions that reiterate or paraphrase statutory materials, and prescribe practices to ensure fair dealing between public adjusters and claimants. 

Proposed changes to Rule 69B-220.201, F.A.C., entitled “Ethical Requirements,” would update the code of ethics for all adjusters, delete provisions that reiterate or paraphrase statutory materials, and clarify the responsibilities and requirements of all adjusters. 

Among the proposed revisions is the definition of “direct supervision.”  The new definition would read, “‘Direct supervision and guidance’ means that, prior to the execution of any contract for the services of a public adjuster the apprentice must, through telephone or other means, directly inform his or her particular supervising public adjuster about the location and nature of the claim that is the subject of the contract, the owner of the claim and his or her location, the identity of the pertinent insurance carrier if available or known to the owner of the claim, and the date or approximate date of the incident giving rise to the claim, and receive the public adjuster’s express consent to execute that contract on behalf of the supervising public adjuster or public adjusting company.”

It was indicated that written comments may still be submitted to the IAAS on this matter.  The record will remain open for 10 days, until the close of business on May 20, 2013. 

IAAS officials on hand for the hearing indicated they will review all considerations and anticipate having the final rules in effect by mid hurricane season this year.  

With no further comments, the hearing was adjourned.

To access the hearing notice and related information, click here.

 

Should you have any questions or comments, please contact Colodny Fass& Webb.

 

 

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