Guide
2 Types of Tort Liability Ans✓✓✓ 1.Negligent Liability(Unintentional)
2.Strict Liability(Intentional)
3 Basic Claims Handling activities? Ans✓✓✓ 1. Investigate
2.Evaluate
3.Negotiate
4 Elements of a Valid Contract? Ans✓✓✓ 1.A manifestation of assent to its terms
by parties who make the contract.
2.A sufficient consideration (value or payment) for each promise.
3.Legal Capacity of the parties to contract.
4.Legal Subject matter.
4 Exceptions to Tort Exemption(Threshold of No-Fault) Ans✓✓✓ 1. Significant
and Permanent loss of bodily function.
2.Permanent injury other than scarring and disfigurement.
3.Significant and Permanent scarring or disfigurement.
4.Death
4 Subsections of Section I of a Property Coverage Policy Ans✓✓✓ 1. Coverage
2.Perils Insured Against
3.Exclusions
,4.Conditions
5 Practices that the Insured are protected from under the "Florida Unfair
Insurance Trade Practices Act.". Ans✓✓✓ 1.failing to act promptly
2.denying claims without reasonable investigation
3.failure to affirm or deny a claim when an insured is entitled thereto
4.failure to explain claim denials in writing
5.failure to maintain complaint-handling procedures, such as keeping accurate
records of complaints
5 Questions to establish the contract coverage Ans✓✓✓ 1.Did a covered Peril
Occur?
2.When?
3.Were there more than one?
4.Which one was the proximate cause?
5.Was there a mix of covered and uncovered losses?
5 Technical Expertise for a successful negotiation Ans✓✓✓ 1.The Insurance
Contract
2.Reparable from replacement requiring damages.
3.Law
4.Insurer's goals
5.Computer Estimating Systems being utilized by the insurance industry.
5 Ways to appraise damages Ans✓✓✓ 1.Survey and Estimate of Determination
2.Acceptance of Cost or Quality shown by records.
, 3.Actual repair or replacement
4.Sale of Salvage
5.Appraisal(after 2 parties have failed to agree).
6 Responsibilities of the Public Adjuster Ans✓✓✓ 1.Evaluate
2.Substantiate
3.Determine values
4.Negotiate
5.Recommend(upgraded insurance)
6.Re-Open Claims
6 Rights of the Insured Ans✓✓✓ 1. Acknowledgement in 14 Days
2. Approval or denial in 30 Days
3. Full payment as applicable in 90 Days
4.Free Mediation
5.a neutral evaluation of a sinkhole claim
6.Availability of assistance from the department of consumer services
626.854 (10) (a) Ans✓✓✓ If a public adjuster enters into a contract with an
insured or 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 the insurer, the public adjuster may not charge, agree to, or accept
from any source compensation, payment, commission, fee, or any other thing of
value based on a previous settlement or previous claim payments by the insurer
for the same cause of loss. The charge, compensation, payment, commission, fee,
or any other thing of value must be based only on the claim payments or
settlement obtained through the work of the public adjuster after entering into