Florida 3-20 Public Adjusters State Exam (Set 1)
questions with verified answers
"Insurer" has an obligation to pay covered loss, "insured" has no obligation
Ans✓✓✓ Unilateral insurance contract
626.854 (10) (b) Ans✓✓✓ A public adjuster may not charge, agree to, or accept
from any source compensation, payment, commission, fee, or any other thing of
value in excess of:
1. Ten percent of the amount of insurance claim payments made by the insurer
for claims based on events that are the subject of a declaration of a state of
emergency by the Governor. This provision applies to claims made during the year
after the declaration of emergency. After that year, the limitations in
subparagraph 2. apply.
2. Twenty percent of the amount of insurance claim payments made by the
insurer for claims that are not based on events that are the subject of a
declaration of a state of emergency by the Governor.
626.854 (10) (c) Ans✓✓✓ Insurance claim payments made by the insurer do not
include policy deductibles, and public adjuster compensation may not be based
on the deductible portion of a claim.
626.854 (10) (d) Ans✓✓✓ Any maneuver, shift, or device through which the
limits on compensation set forth in this subsection are exceeded is a violation of
this chapter punishable as provided under s. 626.8698.
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
the contract with the insured or claimant. Compensation for the reopened or
supplemental claim may not exceed 20 percent of the reopened or supplemental
claim payment. In no event shall the contracts described in this paragraph exceed
the limitations in paragraph (b).
626.854 (11) Ans✓✓✓ Each public adjuster must provide to the claimant or
insured a written estimate of the loss to assist in the submission of a proof of loss
or any other claim for payment of insurance proceeds. The public adjuster shall
retain such written estimate for at least 5 years and shall make the estimate
available to the claimant or insured, the insurer, and the department upon
request.
626.854 (13) Ans✓✓✓ A company employee adjuster, independent adjuster,
attorney, investigator, or other persons acting on behalf of an insurer that needs
access to an insured or claimant or to the insured property that is the subject of a
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 of the insured property. The insured or claimant may deny
access to the property if the notice has not been provided. The insured or
claimant may waive the 48-hour notice.
626.854 (14) (a) Ans✓✓✓ The insurer may not exclude the public adjuster from
its in-person meetings with the insured. The insurer shall meet or communicate
with the public adjuster in an effort to reach agreement as to the scope of the
covered loss under the insurance policy. The public adjuster shall meet or
communicate with the insurer in an effort to 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 policy in effect at the time the claim is filed.
626.854 (14) (b) Ans✓✓✓ A public adjuster may not restrict or prevent an
insurer, company employee adjuster, independent adjuster, attorney,
investigator, or other person acting on behalf of the insurer from having
reasonable access at reasonable times to any insured or claimant or to the
insured property that is the subject of a claim.
626.854 (14) (c) Ans✓✓✓ A public adjuster may not act or fail to reasonably act
in any manner that obstructs or prevents an insurer or insurer's adjuster from
timely conducting an inspection of any part of the insured property for which
there is a claim for loss or damage. The public adjuster representing the insureds
may be present for the insurer's inspection, but if the unavailability of the public
adjuster otherwise delays the insurer's timely inspection of the property, the
public adjuster or the insureds must allow the insurer to have access to the
property without the participation or presence of the public adjuster or insureds
in order to facilitate the insurer's prompt inspection of the loss or damage.
626.854 (14) Ans✓✓✓ The public adjuster must ensure that prompt notice is
given of the claim to the insurer, the public adjuster's contract is provided to the
insurer, the property is available for inspection of the loss or damage by the
insurer, and the insurer is given an opportunity to interview the insured directly
about the loss and claim. The insurer must be allowed to obtain necessary
information to investigate and respond to the claim.
626.854 (15) Ans✓✓✓ A licensed contractor under part I of chapter 489, or a
subcontractor, may not adjust a claim on behalf of an insured unless licensed and
compliant as a public adjuster under this chapter. However, the contractor may
discuss or explain a bid for construction or repair of covered property with the
residential property owner who has suffered loss or damage covered by a
questions with verified answers
"Insurer" has an obligation to pay covered loss, "insured" has no obligation
Ans✓✓✓ Unilateral insurance contract
626.854 (10) (b) Ans✓✓✓ A public adjuster may not charge, agree to, or accept
from any source compensation, payment, commission, fee, or any other thing of
value in excess of:
1. Ten percent of the amount of insurance claim payments made by the insurer
for claims based on events that are the subject of a declaration of a state of
emergency by the Governor. This provision applies to claims made during the year
after the declaration of emergency. After that year, the limitations in
subparagraph 2. apply.
2. Twenty percent of the amount of insurance claim payments made by the
insurer for claims that are not based on events that are the subject of a
declaration of a state of emergency by the Governor.
626.854 (10) (c) Ans✓✓✓ Insurance claim payments made by the insurer do not
include policy deductibles, and public adjuster compensation may not be based
on the deductible portion of a claim.
626.854 (10) (d) Ans✓✓✓ Any maneuver, shift, or device through which the
limits on compensation set forth in this subsection are exceeded is a violation of
this chapter punishable as provided under s. 626.8698.
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
the contract with the insured or claimant. Compensation for the reopened or
supplemental claim may not exceed 20 percent of the reopened or supplemental
claim payment. In no event shall the contracts described in this paragraph exceed
the limitations in paragraph (b).
626.854 (11) Ans✓✓✓ Each public adjuster must provide to the claimant or
insured a written estimate of the loss to assist in the submission of a proof of loss
or any other claim for payment of insurance proceeds. The public adjuster shall
retain such written estimate for at least 5 years and shall make the estimate
available to the claimant or insured, the insurer, and the department upon
request.
626.854 (13) Ans✓✓✓ A company employee adjuster, independent adjuster,
attorney, investigator, or other persons acting on behalf of an insurer that needs
access to an insured or claimant or to the insured property that is the subject of a
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 of the insured property. The insured or claimant may deny
access to the property if the notice has not been provided. The insured or
claimant may waive the 48-hour notice.
626.854 (14) (a) Ans✓✓✓ The insurer may not exclude the public adjuster from
its in-person meetings with the insured. The insurer shall meet or communicate
with the public adjuster in an effort to reach agreement as to the scope of the
covered loss under the insurance policy. The public adjuster shall meet or
communicate with the insurer in an effort to 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 policy in effect at the time the claim is filed.
626.854 (14) (b) Ans✓✓✓ A public adjuster may not restrict or prevent an
insurer, company employee adjuster, independent adjuster, attorney,
investigator, or other person acting on behalf of the insurer from having
reasonable access at reasonable times to any insured or claimant or to the
insured property that is the subject of a claim.
626.854 (14) (c) Ans✓✓✓ A public adjuster may not act or fail to reasonably act
in any manner that obstructs or prevents an insurer or insurer's adjuster from
timely conducting an inspection of any part of the insured property for which
there is a claim for loss or damage. The public adjuster representing the insureds
may be present for the insurer's inspection, but if the unavailability of the public
adjuster otherwise delays the insurer's timely inspection of the property, the
public adjuster or the insureds must allow the insurer to have access to the
property without the participation or presence of the public adjuster or insureds
in order to facilitate the insurer's prompt inspection of the loss or damage.
626.854 (14) Ans✓✓✓ The public adjuster must ensure that prompt notice is
given of the claim to the insurer, the public adjuster's contract is provided to the
insurer, the property is available for inspection of the loss or damage by the
insurer, and the insurer is given an opportunity to interview the insured directly
about the loss and claim. The insurer must be allowed to obtain necessary
information to investigate and respond to the claim.
626.854 (15) Ans✓✓✓ A licensed contractor under part I of chapter 489, or a
subcontractor, may not adjust a claim on behalf of an insured unless licensed and
compliant as a public adjuster under this chapter. However, the contractor may
discuss or explain a bid for construction or repair of covered property with the
residential property owner who has suffered loss or damage covered by a
