Florida 3-20 Public Adjuster Exam
626.854 (3) correct answers A public adjuster may not give legal
advice of
behalf or or
actaid
onany person in negotiating or settling a claim relating to
bodily injury,
death, or noneconomic
damages.
626.854 (5) correct answers A public adjuster may not directly or indirectly
through
other any or entity solicit an insured or claimant by any means except
person
through
on Monday Saturday of each week and only between the hours of 8 a.m. and
8 p.m. on
those
days.
626.854 (6) correct answers An insured or claimant may cancel a public
adjuster's
contract to adjust a claim without penalty or obligation within 3 business
days on
date after the the contract is executed or within 3 business days after the
which
date on which
the insured or claimant has notified the insurer of the claim, whichever
is later.adjuster's
public The contract must disclose to the insured or claimant his or
her right
cancel thetocontract and advise the insured or claimant that notice of
cancellation
be submittedmust in writing and sent by certified mail, return receipt requested,
or mailing
of other formthat provides proof thereof, to the public adjuster at the address
specified
the in provided, during any state of emergency as declared by the
contract;
Governor
for 1 year and
after the date of loss, the insured or claimant has 5 business
days on
date after the the contract is executed to cancel a public
which
adjuster's contract.
626.854 (7) correct answers 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, or statement with respect to the business of insurance
representation,
which is untrue,
deceptive, or
misleading.
626.854 (7) (a) correct answers 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
submitthe
when a claim
policyholder does not have covered damage to insured
property.
2. A statement or representation that invites an insured policyholder to
submit
by offering
a claim
monetary or other valuable
inducement.
3. A statement or representation that invites an insured policyholder to
submit
by a claim
stating that there is "no risk" to the policyholder by submitting
such
4. claim.
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) correct answers For purposes of this paragraph, the
term "written includes only newspapers, magazines, flyers, and bulk
advertisement"
mailers.
followingThedisclaimer, 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
typeface thebody of the text to all written advertisements by a
of the
public IS
"THIS adjuster:
A SOLICITATION FOR BUSINESS. IF YOU HAVE HAD A CLAIM FOR
INSURED PROPERTY LOSS OR DAMAGE AND YOU ARE SATISFIED WITH THE
AN
PAYMENT BY YOUR INSURER, YOU MAY DISREGARD THIS ADVERTISEMENT."
626.854 (8) correct answers A public adjuster, a public adjuster
apprentice,
person or any
or entity acting on behalf of a public adjuster or public adjuster
apprentice
not give or may
offer to give a monetary loan or advance to a client or
prospective client.
626.854 (9) correct answers A public adjuster, public adjuster
apprentice,oror
individual any acting on behalf of a public adjuster or public adjuster
entity
apprentice
may not give or offer to give, directly or indirectly, any article of
merchandise
value in excess having
of $25a to any individual for the purpose of
advertising or
inducement toas an
entering into a contract with a public
adjuster.
626.854 (10) (a) correct answers If a public adjuster enters into a
contractor
insured with an
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
insurer, thethe
public adjuster may not charge, agree to, or accept from
any source
compensation, payment, commission, fee, or any other thing of value
based onsettlement
previous a or previous claim payments by the insurer for the
sameThe
loss. cause of
charge, compensation, payment, commission, fee, or any other
must
thing be based only on the claim payments or settlement obtained through
of value
work ofadjuster after entering into the contract with the insured
the public
or claimant.
Compensation for the reopened or supplemental claim may not exceed 20
percent
the of
reopened or supplemental claim payment. In no event shall the
in this paragraph
contracts described exceed the limitations in
paragraph (b).
626.854 (10) (b) correct answers A public adjuster may not charge, agree
to, orany
from accept
source compensation, payment, commission, fee, or any other
thing
in of value
excess
of:
1. Ten percent of the amount of insurance claim payments made by the
insurer based
claims for on events that are the subject of a declaration of a state of
emergency
the Governor. byThis provision applies to claims made during the
year after the
declaration of emergency. After that year, the limitations in
subparagraph
2. Twenty percent 2. apply.
of the amount of insurance claim payments made by the
claims
insurer that
for are not based on events that are the subject of a declaration
of a state ofby the
emergency
Governor.
626.854 (10) (c) correct answers Insurance claim payments made by the
insurer do
include not deductibles, and public adjuster compensation may not be
policy
based on the
deductible portion of a
claim.
, 626.854 (10) (d) correct answers Any maneuver, shift, or device through
which on
limits thecompensation set forth in this subsection are exceeded is a
violationpunishable
chapter of this as provided under s.
626.8698.
626.854 (11) correct answers Each public adjuster must provide to the
claimantaor
insured written estimate of the loss to assist in the submission of a proof of
loss orclaim
other any for payment of insurance proceeds. The public adjuster shall
retain such
written estimate for at least 5 years and shall make the estimate
available or
claimant to insured,
the the insurer, and the department upon
request.
626.854 (12) correct answers A public adjuster, public adjuster
apprentice,
person acting or on
anybehalf of a public adjuster or apprentice may not accept
referrals of
business from any person with whom the public adjuster conducts
any form if
business orthere
manneris of agreement to compensate the person, directly or r
indirectly,business
referring fo to the public adjuster. A public adjuster may not
compensate
person, except anyfor another public adjuster, directly or indirectly, for the
principal
of referring purpose
business to the public
adjuster.
626.854 (13) correct answers A company employee adjuster,
independent
attorney, adjuster, or other persons acting on behalf of an insurer that
investigator,
needs
to access or claimant or to the insured property that is the subject of a
an insured
claim must
provide at least 48 hours' notice to the insured or claimant, public
adjuster, or legal
representative before scheduling a meeting with the claimant or an onsite
inspection
the insuredofproperty. The insured or claimant may deny access to the
property
notice has if not
the been provided. The insured or claimant may waive the 48-
hour notice.
626.854 (14) correct answers The public adjuster must ensure that
prompt
given ofnotice
the claim is to the insurer, the public adjuster's contract is provided to
insurer, is available for inspection of the loss or damage by the
the property
insurer,isand
insurer giventhe an opportunity to interview the insured directly about the
loss insurer
The and claim. must be allowed to obtain necessary information to investigate
and
to respond
the
claim.
626.854 (14) (a) correct answers The insurer may not exclude the public
adjuster
its frommeetings with the insured. The insurer shall meet or
in-person
communicate
public adjusterwith in antheeffort to reach agreement as to the scope of the covered
loss insurance
the under policy. The public adjuster shall meet or communicate with
theeffort
an insurer to in
reach 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
effect at the policy
timeinthe claim is
filed.
626.854 (14) (b) correct answers The insurer may not exclude the public
adjuster
its frommeetings with the insured. The insurer shall meet or
in-person
communicate
public adjusterwith in antheeffort to reach agreement as to the scope of the covered
loss insurance
the under policy. The public adjuster shall meet or communicate with
theeffort
an insurer to in
reach
agree
