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Public Adjuster
Person, partnership, that represents the public as an adjuster of claims
Days to rescind a contract
3 calendar days
Public Adjuster minimum standards
Title must read Public Adjuster contract
Name phone number address and business name of Adjuster
Address of the insured and name
Percentage of the payments received
execution date and signatures
right to cancel
How can an adjuster collect his fee?
a percentage of each check, not the lump sum
Are late fees or collection costs prohibited?
Yes
Refund payments, return instruments, and take necessary actions under contract
15 working days
Notify an insurer of contract execution, communicate in writing, reply to written communication from an insurer
2 business days
Acknowledge receipt of a claim
10 working days
Provide claim forms and reasonable assistance
10 working days
Respond to an insurance department inquiry
15 working days
Complete investigation
30 working days
accept or deny a claim after proof of loss is executed
15 working days
Elements of a contract
Agreement, Consideration, Competent Parties, Legal purpose
Contract of Adhesion
No opportunity to change, must be adhered to
Aleatory Contracts
Based upon the occurrence of a future event of unequal bargaining value
Personal Contract
Highest degree of good faith
Unilateral contract
Act exchanged for a promise
Conditional Contract
contingent upon certain acts by the insured
Ambiguities
not being clear, goes against the insurance company
Indemnity
Principle of restoring the extent of the loss
Subrogation
going after the third party's negligence
Material misrepresentation
can reject coverage
Warranties
Affirmative, Promissory, Implied
Insurable interest
Interest in property that may cause one the probability of financial loss
Hazards
Physical, Moral, and Morale
PIGA Act
300,000 per claim and 10k per policy
Death of insured
180 days after death or after the policy ends
Short rate
Insured cancels
Pro Rate
Insurer cancels
Flat rate
neither exchanged
Dwelling Policy(Owner occupied)
Nonpayment and Material Mis 30 days
Dwelling and commercial(Nonowner occupied)
Nonpayment and material mis 15 days, underwriting 60 days
Specified(Named Perils)
Covered, Ex. Fire and lightning
Special Form(Open Perils)
Not covered, Ex. Wear and Tear
Direct loss
Fire and vandalism
Indirect loss
Renting another place to live
ACV
Replacement cost minus depreciation
RCV
cost to replace with like, kind and quality at todays replacement cost
FRC
replace damaged with functional equivalent
Market Value
based upon free market conditions
Agreed value
insured and insurer agree to amount of coverage to be written for the policy term
Stated amount
least of (1) Stated amount, (2) ACV, (3) cost of repair
Frame construction
Wood
Masonry Construction
Brick, concrete
Joisted masonry
Walls masonry, floor wood
Noncombustible
Metal
Masonry noncombustible
Walls masonry, floor noncomb
Contributory Negligence
Both negligent and guilty
Comparative negligence
percentage of negligence
Parts of Policy structure
Definitions, Declaration page, Insuring agreement, conditions, exclusions, endorsements
Policy periods
12 to 6 months
Deductibles
Dollar, percentage, and time deductible
Pro Rata
prorates loss payments among policies that are concurrent
Primary coverage
Pays first
excess coverage
pays after primary
Coinsurance
Requires insured to carry insurance coverage to a specified percentage
Blanket insurance
provided to all locations
Occupancy
Contents but no people
Vacancy
No content and no people
Percentage building must be rented
31%
Assignment
prohibited unless agreed with insured
Waiver
voluntary relinquishment
Personal property is adjusted on a .....
ACV basis
Buildings are adjusted on a ....
Replacement cost without depreciation
3rd party provisions
Standard Mortgage Clause, Loss Payment clause, No benefit to bailee
Dwelling policy provides insurance for residential properties up to..
4 units occupied by no more than 5 roomers
Basic form
Covers named perils and is the most basic and standard
Broad form
has additional perils such as weight of snow,
Special form
all coverage unless specifically excluded
coverage A
covers the dwelling
Coverage B
other structures
Coverage C
Personal Property
Coverage D
fair rental value
Coverage E
additional living expense
General exclusions
ordinance by law, earth movement, water damage, power failure, neglect, war, nuclear, intentional loss, gov't action
Exclusions for A and B
Weather, acts or decisions, and faulty planning
Policy endorsements
Increase in insurance, broad theft coverage, construction, special provisions
Homeowners policy
owner occupied private residential exposures, covers direct loss of A, B, and C
Homeowner form HO 00 02 or Broad form
written on a replacement cost basis, must have 80% value
Homeowner form HO 00 03 or Special form
covers all perils unless specifically excluded, personal property is covered on a named peril basis
HO 00 04 or Tenants policy
written to insure personal property
HO 00 06 or Condo policy
unit owners offered broad from named peril coverage
HO 00 08
modified named peril coverage. for older homes, functional replacement cost basis
Homeowner Property coverages A-D
Dwelling, other, personal prop, loss of use. Additional coverages such as debris removal and repairs and glass clean up included
Homeowner policy concepts
Same as dwelling
Scheduled Personal Property Endorsement
have values in excess of the policy limit, no deductible.
Commercial Policy components
Declarations, conditions, interline endorsements, two or more coverage parts
Commercial Prop Forms A-C
Buildings, Business prop, personal prop, and then different extensions and endorsements
Limits of insurance
special sublimit apply to Debris removal and outdoor signs
Losses up to 2,500 will be covered based upon a...
Replacement cost
Builders risk form
provides coverage to builders under construction
Business Income Coverage
provides income to business in event of loss. 50% coinsurance provision
Maximum period of indemnity
120 days, has monthly limit of indemnity too
Business income endorsements
Contributing, recipient, leader, and manufacturing locations
Commercial property is insured on a...
replacement cost basis
Farm coverage A-G
Dwelling, other structures, personal prop, loss of use, farm personal prop, unscheduled farm personal prop, barns and outbuildings
Livestock coverage forms
covers animals on farm
Inland marine coverage forms
provide coverage for anything that may be transported
6 Inland Marine Coverage Forms
Accounts Receivable form, commercial articles form, equipment dealers form, jewelers block form, signs form, valuable papers form
Buisnessowners policy is used to insure..
Small to medium sized business market