TITLE XXXVII INSURANCE Chapter 626 Insurance Field Representatives and Operations, Part VI Insurance Adjusters
626.851 Short title. This part may be referred to in any legal proceedings as the “Insurance Adjusters Law.” 626.852 Scope of this part. (1) This part applies only to insurance adjusters as defined in this part. (2)Unless otherwise required by context, the term “adjusters” as used in this part applies to all licensees defined as any type of adjuster. (3) This part does not apply as to life insurance or annuity contracts. (4) This part does not apply to third-party administrators or a person employed by a third-party administrator holding a certificate of authority pursuant to ss. 626.88-626.894. (5) This part does not apply to any employee or agent of a state university board of trustees providing services in support of any self-insurance program created under former s. 240.213 or s. 1004.24. (6) This part does not apply to any person who adjusts only multiple-peril crop insurance or crop hail claims.
626.853 Part supplements licensing law. This part is supplementary to part 1, the “Licensing Procedures Law.” 626.854 “Public adjuster” defined; prohibitions. The Legislature finds that it is necessary for the protection of the public to regulate public insurance adjusters and to prevent the unauthorized practice of law. (1) A “public adjuster” is any person, except a duly licensed attorney at law as hereinafter in s. 626.860 provided, who, for money, commission, or any other thing of value, prepares, completes, or files an insurance claim form for an insured or third-party claimant or who, for money, commission, or any other thing of value, acts or aids in any manner on behalf of an insured or third-party claimant in negotiating for or effecting the settlement of a claim or claims for loss or damage covered by an insurance contract or who advertises for employment as an adjuster of such claims, and also includes any person who, for money, commission, or any other thing of value, solicits, investigates, or adjusts such claims on behalf of any such public adjuster. (2) This definition does not apply to: (a) A licensed health care provider or employee thereof who prepares or files a health insurance claim form on behalf of a patient. (b) A person who files a health claim on behalf of another and does so without compensation.
(3) A public adjuster may not give legal advice. A public adjuster may not act on behalf of or aid any person in negotiating or settling a claim relating to bodily injury, death, or non-economic damages. (4) For purposes of this section, the term “insured” includes only the policyholder and any beneficiaries named or similarly identified in the policy.
626.855 “Independent adjuster” defined. An “independent adjuster” is any person who is self-employed or is associated with or employed by an independent adjusting firm or other independent adjuster, and who undertakes on behalf of an insurer to ascertain and determine the amount of any claim, loss, or damage payable under an insurance contract or undertakes to effect settlement of such claim, loss, or damage. 626.856 “Company employee adjuster” defined. A “company employee adjuster” is a person employed on an insurer’s staff of adjusters or a wholly owned subsidiary of the insurer, and who undertakes on behalf of such insurer or other insurers under common control or ownership to ascertain and determine the amount of any claim, loss, or damage payable under a contract of insurance, or undertakes to effect settlement of such claim, loss, or damage. 626.858 “Nonresident company employee adjuster” defined. A “nonresident company employee adjuster” is a person who: (1) Is not a resident of this state; (2) Is a currently licensed or authorized adjuster in his or her home state for the type or kinds of insurance for which he or she intends to adjust claims in this state; and (3) Is an employee of an insurer, or other insurers under the common control or ownership of such insurer, admitted to do business in this state.
626.8582 “Nonresident public adjuster” defined. A “nonresident public adjuster” is a person who: (1) Is not a resident of this state; (2) Is a currently licensed public adjuster in his or her state of residence for the type or kinds of insurance for which the licensee intends to adjust claims in this state or, if a resident of a state that does not license public adjusters, has passed the department’s adjuster examination as prescribed in s.626.8732(1)(b); and
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FLORIDA STATUTES
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