Public Insurance Adjusters ActRegulation, Licensing, and Registration
Section § 15006
This law makes it clear that you cannot run a business or pretend to be licensed in insurance-related activities without an official license. If you violate this rule, you could face a fine up to $10,000, and if you do it on purpose, up to $25,000. The commissioner can take legal action to impose these fines.
If you have a contract with someone who isn't legally licensed, you have the option to cancel it without owing for any services. The commissioner can quickly stop anyone breaking this rule without notice. Ignoring the commissioner's order means a daily fine of $100, with a cap of $5,000 in total. The commissioner has the authority to pursue any additional legal actions needed.
Section § 15007
This law defines a public insurance adjuster as someone who, for a fee, helps people manage and settle insurance claims on losses or damages to property. They might negotiate, investigate, or provide advice and assistance to insured individuals. It also includes those who promote their services as adjusters to the public.
Section § 15008
This law section explains who is exempt from the rules of this chapter. It does not apply to lawyers practicing law in California, certain professionals like photographers and appraisers working under public insurance adjusters, people handling life or health insurance claims, and those managing subrogation claims between insurers.
Section § 15009
If you want a license under this chapter, you need to fill out the form given by the commissioner and pay the required application fee. Additionally, you must meet the requirements outlined in Section 1703.
Section § 15009.1
If you want to become a public insurance adjuster in California, you need to complete a 20-hour prelicensing course. If you're from another state that doesn't have licenses for adjusters, you can choose California as your home state. You'll need to pass some education and exam requirements. However, if you're already licensed in another state, you might not need the prelicensing course if your current out-of-state license is active or was recently canceled within 90 days.
Section § 15010
When applying for a license, you must provide a verified application with all necessary details. This includes your full name, business address, the business name you'll use, and a statement about your business nature.
If you're not applying as an individual, you'll also need to provide the names and addresses of your partners, officers, and directors. You must submit two recent photos of yourself and get fingerprinted, either sent electronically or at a certified location.
Your experience qualifications must be verified, and you may need to provide additional information or documents as required by the commissioner.
Section § 15011
If you want to become a licensed public insurance adjuster in California, you must meet several requirements. You need to be at least 18 years old and have not committed any disqualifying crimes.
You must have two years of experience handling loss claims, although serving as an apprentice for 12 months can count towards this experience. You'll need an office in California that's accessible to the public during regular hours and must pass a property loss adjusting exam.
You also have to secure a $20,000 surety bond from an authorized company. If you're part of an organization, a licensed individual must take charge of making sure the organization follows all insurance laws. Additionally, all adjusters in the organization must be licensed.
Finally, you must provide any extra documents or information needed to help the commissioner ensure you meet all licensing requirements.
Section § 15012
This law section outlines that when someone gets a license from the insurance commissioner, it allows them to handle claims for different types of insurance losses. These include fire damage, burglary, flood, various property damages (both real estate and personal items), and loss of income claims.
Section § 15013
If you want to become a public insurance adjuster in California, you need to pass a test before getting your license. The test, made by the insurance commissioner, checks your understanding of insurance basics, contract elements, technical skills for handling claims, ethics, and your duties under the law.
The test is written and supervised by the department or an exam contractor. You'll receive your test results within 30 days. If you don't pass, you can retake the test. The test is held at various times and places for convenience.
Section § 15016
This section outlines the requirements for obtaining an apprentice public insurance adjuster license in California. It allows for training under a licensed adjuster ensuring skill development needed for the role. Applicants must have a licensed adjuster take responsibility for their actions, only handle claims within California, and pay a $100 fee. They need to provide certain documents, photos, and fingerprints, but don't have to take the public adjuster exam. The license is valid for up to 12 months, cannot be renewed, and requires the completion of a 20-hour prelicensing course. The apprentice must always work under the supervision of a licensed adjuster and focus on specific tasks, with final decisions made by their supervisor. This role is subject to suspension or revocation if necessary.
Section § 15017
This law explains how nonresidents can get a license to work as public insurance adjusters in California. To qualify, they must first be licensed and in good standing in their own state. They also need to pay specific fees, show financial responsibility, and submit an application. Additionally, they must appoint the California commissioner as their agent for legal processes. Lastly, their home state must offer the same licensing opportunity to California residents.
Section § 15018
This section explains that, after a hearing, the commissioner can deny a person's license application unless they're convinced that the applicant hasn't done several things. These include committing certain acts or crimes, having a previous license refusal or revocation, doing things that need a license without actually having one, or being convicted of crimes related to the license.
Section § 15018.5
This law allows the insurance commissioner to deny someone's application for a license without holding a hearing if that person has done something or been convicted of a crime that would justify denying a license under another law.
Section § 15019
If there's a hearing to decide whether someone should receive a license or to check a license holder's qualifications, the process must follow certain government rules. The commissioner in charge has all the authority needed to carry out these proceedings.
Section § 15020
The insurance commissioner is responsible for deciding what the license looks like and includes.
Section § 15021
A business must display its license in a spot that's easily visible at its main location.
Section § 15022
After a license is issued, the commissioner will give each license holder a pocket card. The size, style, and information on the card are decided by the commissioner. Licensees receive this card at no cost.
Section § 15023
This law states that you cannot transfer or give your issued license to someone else.
Section § 15024
Section § 15025
This law requires a license holder to inform the department within 30 days if they change their address. The licensee's main office can be either at home or a business location, but it must be a permanent space where they conduct business.
Section § 15026
If you have an insurance license, you can only run your business from the location recorded as your main office unless you get permission to open another office, called a branch office certificate. To do this, you must follow certain rules and make sure you meet safety standards required by the authorities. Also, if you close or move a branch office, you must inform the authorities in writing within 10 days.
Section § 15027
This section outlines the requirements for public insurance adjusters in California when engaging with clients. A public adjuster must have a written contract approved by the insurance commissioner before acting on behalf of the insured. The contract should include details like the adjuster's and insured's information, the loss description, fee structures, and services provided. Adjusters cannot charge fees that would reduce the insured's compensation below a certain level. The contract allows for cancellation by the insured within three business days, or five days in disaster scenarios, without penalty. Certain provisions and solicitation times are prohibited to protect the client. Additionally, misrepresentation or concealment by the adjuster allows the insured to cancel the contract at any time.
The adjuster must also disclose their role and the types of other adjusters that might be involved in an insurance claim. It’s prohibited for adjusters to use unauthorized contract forms or badges, and they cannot solicit clients during a loss-producing situation or at inappropriate times without request. Compensation for services already rendered is limited to emergency expenses if a contract is canceled early. If necessary, the insured can communicate directly with their insurance company during the claims process.
Section § 15027.1
This law states that insurance adjusters cannot approach homeowners to offer engagement contracts for properties in areas affected by a catastrophic disaster for seven days after the event. However, if the homeowner or their representative contacts the adjuster first, this restriction doesn't apply. Additionally, adjusters are allowed to send written materials about their services to policyholders, but they cannot engage in direct personal contact during this period.
Section § 15027.5
If you're working as a public adjuster and have a contract with a client, you act as their agent. You can't earn more money from the claim than what's agreed upon in the contract. If you get paid by someone else like a contractor or insurer, you must tell your client about it. If you don't, or if your extra earnings clash with the client's best interests, they can cancel the contract.
Section § 15028
This section outlines what public insurance adjusters in California cannot do. They can't use deceit to get contracts or agreements to adjust claims. They shouldn't have a financial interest in or take payment from businesses connected to claims they're working on. They are not allowed to advance money to potential clients to gain business. Offering more than $100 to someone for referrals is forbidden unless that person is employed by them and licensed as an adjuster. Lastly, adjusters can't have unlicensed employees or agents do any work that requires a license, like advertising or dealing with clients.
Section § 15028.5
This California law requires public insurance adjusters to keep detailed records of every transaction. They must document the insured's name, details about the loss, a copy of the contract, information about the insurance policies, a breakdown of recoveries, the compensation received, and any money they've disbursed on behalf of the insured.
These records have to be maintained for at least five years after the transaction ends and must be available for review by the insurance commissioner.
Section § 15028.6
If you're acting as a public insurance adjuster, any claim money you receive must be treated as if it's being held for someone else. Using that money for yourself is considered theft, and you can be punished for it. When you apply to become a public insurance adjuster, you need to agree that the state can look at financial records related to these funds for as long as you hold the license.
Section § 15028.7
If a public adjuster receives funds on behalf of someone claiming insurance for a loss, they must keep these funds in a special non-interest-bearing account that is insured and set up in a state where the adjuster or the loss is located.
The money must remain the property of the insured (the claimant) per a signed agreement with the adjuster. The adjuster must report to the insured about these funds within 15 business days.
If the adjuster cannot get necessary endorsements from all parties or if the insured doesn't want such an account, these rules don't apply.
Receiving a check from a bank doesn’t mean that the payee agrees the adjuster is entitled to the funds.
Section § 15029
This law states that an individual cannot have both a license from this chapter and a license from Chapter 1 that starts with Section 14000 at the same time.
Section § 15030
This law requires that every licensed individual must keep records about their employees, as specified by the insurance commissioner.
Section § 15031
If you're running a business in the insurance field and want to use a different business name (a 'fictitious name'), you must first get approval from the insurance commissioner. They won't approve a name that's too similar to a public office or another business to avoid public confusion.
Before using a fake name, you must meet specific requirements mentioned in another law, Section 1724.5. If you want to use more than one fictitious name, you need to get separate approvals for each.
You also have to pay $25 for each approval or name change.
Section § 15032
If you're a licensed professional advertising your services, you must include your name, address, or license number just as they're recorded with the commissioner. The commissioner can also create rules to clarify what counts as an 'advertisement' under this law.