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§ 1605. Contract

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 63 P.S. Professions and Occupations (State Licensed)Effective: October 1, 2012

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 63 P.S. Professions and Occupations (State Licensed) (Refs & Annos)
Chapter 30. Insurance Adjusters
Effective: October 1, 2012
63 P.S. § 1605
§ 1605. Contract
Currentness
(a) Written contract required.--No public adjuster shall, directly or indirectly, act within this Commonwealth as a public adjuster without having first entered into a contract, in writing, on a form approved by the department and executed in duplicate by the public adjuster and the insured or a duly authorized representative. One copy of this contract shall be kept on file by the public adjuster, available at all times for inspection by the department. The department shall disapprove a contract form if, in the department's opinion, the contract or its provisions:
(1) Fail to comply with this section.
(2) Are unreasonable.
(3) Are contrary to the interests of the public.
(4) Are misleading or unfair to the insured.
At the department's discretion, the department may also require the submission of advertising or solicitation material.
(a.1) Rescission.--A contract with a public adjuster may be rescinded by any person signing the contract.
(a.2) Disclosure.--The contracts shall disclose the following items with each of these items separately signed or initialed by the insured and the public adjuster:
(1) That the insured has the right to rescind the contract within three calendar days after signature.
(2) Fees to be charged or assessed by the public adjuster together with an explanation about how the fees will come from a portion of the claims payment, if any, made by the insurer under the policy and are not in addition to the payments.
(3) That the adjuster will provide the insured a copy of an estimate or report of losses and, upon the insured's request, any supporting documentation it sends to the insurer.
(4) That the public adjuster is not a representative or employee of the insurer and is an independent licensee of the department.
(a.3) Regulations.--The Insurance Commissioner may issue regulations to assure the implementation of this section.
(b) Contracts only authorized by insured against his own carrier.--No public adjuster may adjust or solicit a contract for the adjustment of any claim for losses or damages on behalf of any person except claims by an insured against his own insurance carrier.
(c) Personal injury and automobile property damage claims prohibited.--No public adjuster shall act in any manner in relation to claims for personal injury or automobile property damage.
(d) Contracts limited to adjustment of insurance losses.--No public adjuster shall, directly or indirectly, through or with any person, partnership, corporation or association in which it has an indirect or beneficial interest, enter into any contract with any insured for the repair, replacement, restoration, renovation or demolition of damaged property, real or personal, at any time prior to the date a verdict or award is entered or payment is received from the insurance carrier, whichever event shall occur first.

Credits

1983, Dec. 20, P.L. 260, No. 72, § 5, imd. effective. Amended 2012, April 3, P.L. 209, No. 21, § 5, effective in 180 days [Oct. 1, 2012].
63 P.S. § 1605, PA ST 63 P.S. § 1605
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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