Florida 3-20 Public Adjuster Exam
Outlines Questions and Answers
626.854 (3) - ANSWER-A public adjuster may not give legal advice or act on behalf of
or aid any person in negotiating or settling a claim relating to bodily injury, death, or
noneconomic damages.
626.854 (5) - ANSWER-A public adjuster may not directly or indirectly through any other
person or entity solicit an insured or claimant by any means except on Monday through
Saturday of each week and only between the hours of 8 a.m. and 8 p.m. on those days.
626.854 (6) - ANSWER-An insured or claimant may cancel a public adjuster's contract
to adjust a claim without penalty or obligation within 3 business days after the date on
which the contract is executed or within 3 business days after the date on which the
insured or claimant has notified the insurer of the claim, whichever is later. The public
adjuster's contract must disclose to the insured or claimant his or her right to cancel the
contract and advise the insured or claimant that notice of cancellation must be
submitted in writing and sent by certified mail, return receipt requested, or other form of
mailing that provides proof thereof, to the public adjuster at the address specified in the
contract; provided, during any state of emergency as declared by the Governor and for
1 year after the date of loss, the insured or claimant has 10 business days after the date
on which the contract is executed to cancel a public adjuster's contract.
626.854 (7) - ANSWER-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, representation,
or statement with respect to the business of insurance which is untrue, deceptive, or
misleading.
626.854 (7) (a) - ANSWER-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 submit a claim
when the policyholder does not have covered damage to insured property.
2. A statement or representation that invites an insured policyholder to submit a claim
by offering monetary or other valuable inducement.
3. A statement or representation that invites an insured policyholder to submit a claim
by stating that there is "no risk" to the policyholder by submitting such claim.
,4. 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) - ANSWER-For purposes of this paragraph, the term "written
advertisement" includes only newspapers, magazines, flyers, and bulk mailers. The
following disclaimer, 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 the
typeface of the body of the text to all written advertisements by a public adjuster:
"THIS IS A SOLICITATION FOR BUSINESS. IF YOU HAVE HAD A CLAIM FOR AN
INSURED PROPERTY LOSS OR DAMAGE AND YOU ARE SATISFIED WITH THE
PAYMENT BY YOUR INSURER, YOU MAY DISREGARD THIS ADVERTISEMENT."
626.854 (8) - ANSWER-A public adjuster, a public adjuster apprentice, or any person or
entity acting on behalf of a public adjuster or public adjuster apprentice may not give or
offer to give a monetary loan or advance to a client or prospective client.
626.854 (9) - ANSWER-A public adjuster, public adjuster apprentice, or any individual
or entity acting on behalf of a public adjuster or public adjuster apprentice may not give
or offer to give, directly or indirectly, any article of merchandise having a value in excess
of $25 to any individual for the purpose of advertising or as an inducement to entering
into a contract with a public adjuster.
626.854 (10) (a) - ANSWER-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 (10) (b) - ANSWER-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) - ANSWER-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) - ANSWER-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 (11) - ANSWER-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 (12) - ANSWER-A public adjuster, public adjuster apprentice, or any person
acting on behalf of a public adjuster or apprentice may not accept referrals of business
from any person with whom the public adjuster conducts business if there is any form or
manner of agreement to compensate the person, directly or indirectly, for referring
business to the public adjuster. A public adjuster may not compensate any person,
except for another public adjuster, directly or indirectly, for the principal purpose of
referring business to the public adjuster.
626.854 (13) - ANSWER-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.
Outlines Questions and Answers
626.854 (3) - ANSWER-A public adjuster may not give legal advice or act on behalf of
or aid any person in negotiating or settling a claim relating to bodily injury, death, or
noneconomic damages.
626.854 (5) - ANSWER-A public adjuster may not directly or indirectly through any other
person or entity solicit an insured or claimant by any means except on Monday through
Saturday of each week and only between the hours of 8 a.m. and 8 p.m. on those days.
626.854 (6) - ANSWER-An insured or claimant may cancel a public adjuster's contract
to adjust a claim without penalty or obligation within 3 business days after the date on
which the contract is executed or within 3 business days after the date on which the
insured or claimant has notified the insurer of the claim, whichever is later. The public
adjuster's contract must disclose to the insured or claimant his or her right to cancel the
contract and advise the insured or claimant that notice of cancellation must be
submitted in writing and sent by certified mail, return receipt requested, or other form of
mailing that provides proof thereof, to the public adjuster at the address specified in the
contract; provided, during any state of emergency as declared by the Governor and for
1 year after the date of loss, the insured or claimant has 10 business days after the date
on which the contract is executed to cancel a public adjuster's contract.
626.854 (7) - ANSWER-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, representation,
or statement with respect to the business of insurance which is untrue, deceptive, or
misleading.
626.854 (7) (a) - ANSWER-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 submit a claim
when the policyholder does not have covered damage to insured property.
2. A statement or representation that invites an insured policyholder to submit a claim
by offering monetary or other valuable inducement.
3. A statement or representation that invites an insured policyholder to submit a claim
by stating that there is "no risk" to the policyholder by submitting such claim.
,4. 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) - ANSWER-For purposes of this paragraph, the term "written
advertisement" includes only newspapers, magazines, flyers, and bulk mailers. The
following disclaimer, 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 the
typeface of the body of the text to all written advertisements by a public adjuster:
"THIS IS A SOLICITATION FOR BUSINESS. IF YOU HAVE HAD A CLAIM FOR AN
INSURED PROPERTY LOSS OR DAMAGE AND YOU ARE SATISFIED WITH THE
PAYMENT BY YOUR INSURER, YOU MAY DISREGARD THIS ADVERTISEMENT."
626.854 (8) - ANSWER-A public adjuster, a public adjuster apprentice, or any person or
entity acting on behalf of a public adjuster or public adjuster apprentice may not give or
offer to give a monetary loan or advance to a client or prospective client.
626.854 (9) - ANSWER-A public adjuster, public adjuster apprentice, or any individual
or entity acting on behalf of a public adjuster or public adjuster apprentice may not give
or offer to give, directly or indirectly, any article of merchandise having a value in excess
of $25 to any individual for the purpose of advertising or as an inducement to entering
into a contract with a public adjuster.
626.854 (10) (a) - ANSWER-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 (10) (b) - ANSWER-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) - ANSWER-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) - ANSWER-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 (11) - ANSWER-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 (12) - ANSWER-A public adjuster, public adjuster apprentice, or any person
acting on behalf of a public adjuster or apprentice may not accept referrals of business
from any person with whom the public adjuster conducts business if there is any form or
manner of agreement to compensate the person, directly or indirectly, for referring
business to the public adjuster. A public adjuster may not compensate any person,
except for another public adjuster, directly or indirectly, for the principal purpose of
referring business to the public adjuster.
626.854 (13) - ANSWER-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.
