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<section article="gin" article_name="Insurance" number="10-411" title_number="10" title_name="Regulation of Insurance Professions" subtitle_number="4" subtitle_name="Public Adjusters">
  <level label="a">
    <text>A contract for public adjuster services shall:</text>
    <level label="1">
      <text>be in writing;</text>
    </level>
    <level label="2">
      <text>be titled “Public Adjuster Contract”; and</text>
    </level>
    <level label="3">
      <text>contain the following:</text>
      <level label="i">
        <text>the legible full name of the public adjuster signing the contract, as specified in the records of the Administration;</text>
      </level>
      <level label="ii">
        <text>the permanent business address and phone number of the public adjuster in the public adjuster’s home state;</text>
      </level>
      <level label="iii">
        <text>the license number issued by the Administration to the public adjuster;</text>
      </level>
      <level label="iv">
        <text>the insured’s full name, street address, insurance company name, and policy number, if known or on notification;</text>
      </level>
      <level label="v">
        <text>a description of the loss and the location of the loss, if applicable;</text>
      </level>
      <level label="vi">
        <text>a description of services to be provided to the insured;</text>
      </level>
      <level label="vii">
        <text>the signatures of the public adjuster and the insured;</text>
      </level>
      <level label="viii">
        <text>the dates when the contract was signed by the public adjuster and the insured, respectively;</text>
      </level>
      <level label="ix">
        <text>notification to the insured that:</text>
        <level label="1">
          <text>the public adjuster may incur out–of–pocket expenses on behalf of the insured; and</text>
        </level>
        <level label="2">
          <text>these expenses incurred by the public adjuster and approved by the insured will be reimbursed to the public adjuster from the insurance proceeds; and</text>
        </level>
      </level>
      <level label="x">
        <text>the full salary, fee, commission, compensation, or other consideration the public adjuster is to receive for services.</text>
      </level>
    </level>
  </level>
  <level label="b">
    <level label="1">
      <text>The public adjuster contract may specify that the public adjuster be named as a co–payee on an insurer’s payment of a claim.</text>
    </level>
    <level label="2">
      <text>If the compensation is based on a share of the insurance settlement, the public adjuster contract shall specify the exact percentage to be paid.</text>
    </level>
    <level label="3">
      <level label="i">
        <text>A compensation provision in a public adjuster contract may not be redacted in any copy of the contract provided to the Commissioner.</text>
      </level>
      <level label="ii">
        <text>A redaction of a compensation provision constitutes an omission of material fact in violation of this subtitle.</text>
      </level>
    </level>
  </level>
  <level label="c">
    <text>If the insurer, within 72 hours after the time the loss is reported to the insurer, either pays or commits in writing to pay to the insured the policy limit of the insurance policy, the public adjuster:</text>
    <level label="1">
      <text>may not receive a commission consisting of a percentage of the total amount paid by an insurer to resolve a claim;</text>
    </level>
    <level label="2">
      <text>shall inform the insured that loss recovery amount might not be increased by the insurer; and</text>
    </level>
    <level label="3">
      <text>may be entitled only to reasonable compensation from the insured for services the public adjuster provides on behalf of the insured, based on the time spent on a claim and expenses incurred by the public adjuster, until the claim is paid or the insured receives a written commitment to pay from the insurer.</text>
    </level>
  </level>
  <level label="d">
    <level label="1">
      <text>A public adjuster shall provide to the insured a written disclosure signed by the public adjuster and the insured concerning any direct or indirect financial interest that the public adjuster or any immediate family member of the public adjuster has with any other party that is involved in any aspect of the claim, other than the salary, fee, commission, or other consideration established in the written contract with the insured.</text>
    </level>
    <level label="2">
      <text>The disclosure shall include any ownership of, or any compensation expected to be received from, any construction firm, salvage firm, building appraisal firm, motor vehicle repair shop, or any other firm that provides estimates for work, or that performs any work, in conjunction with damages caused by the insured loss on which the public adjuster is engaged.</text>
    </level>
  </level>
  <level label="e">
    <text>A public adjuster contract may not contain any provision that:</text>
    <level label="1">
      <text>allows the public adjuster’s percentage fee to be collected when money is due from, but not yet paid by, an insurance company;</text>
    </level>
    <level label="2">
      <text>allows a public adjuster to collect the entire fee from the first check issued by an insurance company, rather than as a percentage of each check issued by an insurance company;</text>
    </level>
    <level label="3">
      <text>requires the insured to authorize an insurance company to issue a check only in the name of the public adjuster; or</text>
    </level>
    <level label="4">
      <text>precludes either party from pursuing any civil remedy.</text>
    </level>
  </level>
  <level label="f">
    <text>Before the signing of the public adjuster contract, the public adjuster shall provide the insured with a separate disclosure document signed by the insured regarding the claim process that substantially states:</text>
    <text>“(1)    Property insurance policies obligate the insured to present a claim to the insurance company for consideration. There are three types of adjusters that could be involved in that process. The definitions of the three types are:</text>
    <level label="i">
      <text>“Company adjuster” means an insurance adjuster who is an employee of an insurance company. A company adjuster represents the interest of the insurance company and is paid by the insurance company. A company adjuster will not charge you a fee.</text>
    </level>
    <level label="ii">
      <text>“Independent adjuster” means an insurance adjuster who is hired on a contractual basis by an insurance company to represent the insurance company’s interest in the settlement of the claim. An independent adjuster is paid by your insurance company. An independent adjuster will not charge you a fee.</text>
    </level>
    <level label="iii">
      <text>“Public adjuster” means an insurance adjuster who does not work for any insurance company. A public adjuster works for the insured to assist in the preparation, presentation, and settlement of a claim. The insured hires a public adjuster by signing a contract agreeing to pay the public adjuster a fee or commission based on a percentage of the settlement, or another method of compensation.</text>
    </level>
    <level label="2">
      <text>The insured is not required to hire a public adjuster to help the insured meet the insured’s obligations under the policy but has the right to do so.</text>
    </level>
    <level label="3">
      <text>The insured has the right to initiate direct communications with the insured’s attorney, the insurer, the insurer’s adjuster, the insurer’s attorney, or any other person regarding the settlement of the insured’s claim.</text>
    </level>
    <level label="4">
      <text>A public adjuster is not a representative or an employee of the insurer.</text>
    </level>
    <level label="5">
      <text>The salary, fee, commission, or other consideration of a public adjuster is the obligation of the insured, not the insurer.”.</text>
    </level>
  </level>
  <level label="g">
    <level label="1">
      <text>The public adjuster contract shall be executed in duplicate to provide an original contract to the public adjuster and an original contract to the insured.</text>
    </level>
    <level label="2">
      <text>The public adjuster’s original contract shall be available at all times for inspection without notice by the Commissioner.</text>
    </level>
    <level label="3">
      <text>A contract with an electronic signature shall constitute an original contract.</text>
    </level>
  </level>
  <level label="h">
    <text>The public adjuster contract shall contain a statement that:</text>
    <level label="1">
      <text>the insured has the right to rescind or cancel the contract within 10 business days after the date the contract was signed;</text>
    </level>
    <level label="2">
      <text>the notice of rescission or cancellation shall be in writing and mailed or delivered to the public adjuster at the address stated in the contract within the time period specified in item (1) of this subsection;</text>
    </level>
    <level label="3">
      <text>if the insured exercises the right to rescind or cancel the contract, the public adjuster shall, within 15 business days after the public adjuster receives the notice, return anything of value given by the insured under the contract; and</text>
    </level>
    <level label="4">
      <text>provides a notice to the insured that a public adjuster, or anyone acting on behalf of a public adjuster, may not solicit or attempt to solicit a client between the hours of 8:00 p.m. and 8:00 a.m.</text>
    </level>
  </level>
  <level label="i">
    <text>The public adjuster shall give the insured written notice of the insured’s rights under the Maryland Consumer Protection Act.</text>
  </level>
</section>
