Volume 6, No. 10 - October 2017

Compliance Corner

This section has been created to assist you in keeping your insurance business in compliance. The items are intended as reminders only. Note: Division publications may include references to the Florida Statutes and/or the Florida Administrative Code. The laws noted in our publications are/were in effect at the time of publication but may have been repealed, amended or replaced and new laws may have been enacted subsequently

Adjusters - Working Together

All Lines Adjusters - Company, Independent and Emergency

In the weeks that have passed since Hurricane Irma impacted our state, several concerns have been raised alleging many all-lines adjusters representing insurers are violating the Florida Insurance Code by excluding the public adjusters from meetings with the insured and failing to to notify them of scheduled inspections.

Please be reminded that when working with insureds and their public adjusters:

  • "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." s. 626.854(14), F.S.
  • "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..." s. 626.854(15)(a), F.S.

 

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Public Adjusters

We've also heard that a few public adjusters have made interaction between the insurer, insured and public adjuster more difficult than necessary and are not following statutory guidelines.

Please be reminded when dealing with insurers and their appointed adjusters during the claims process:

  • "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.." s. 626.854(15), F.S.
  • A public adjuster shall not prevent, or attempt to dissuade or prevent, an insured or claimant from speaking privately with the insurer, company employee adjuster, independent adjuster, attorney, or any other person, regarding the settlement of the claim. [69B-220-201(4)(a), FAC]
  • "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.." s. 626.854(15)(b), F.S.
  • "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." s. 626.854(14)(c), F.S.

For more information about the duties and responsibilities of all-lines and public adjusters, refer to Chapter 626, Section VI, Florida Statutes, and Rule Chapter 69B-220, FAC.

 

 

 

 

 

 

 

 

 

 

 

Are You CLUED In?

The answers to this puzzle may be found throughout the newsletter. The complete answer key can be found on the Contact Us page.

Across

3. Federal agency that provides assistance after a disaster

7. Theft of insurance premiums

10. Lt. Clasen received the Outstanding Law Enforcement ________of the Year Award.

11. Who was honored for his work on a fraud case involving sober homes?

12. Can be called on to provide one on one insurance expertise

Down

1. Title agencies must pay this by 1/30/17

2. This type of agent can also adjust claims.

4. Where can licensees update their contact info?

5. ______ has driven up car insurance rates in FL.

6. This license type is going away.

8. The Bureau of Fire & _______ Investigations flew to Puerto Rico.

9. How many names were added to the Fallen Firefighter Memorial this year?

Puzzle

 

 

 

 

Title Agencies: Update Your Info for the 2018 Administrative Surcharge

Subsection 624.501(27)(e)2, F.S., requires any title insurance agency licensed in Florida on January 1 of each year to remit an administrative surcharge of $200 to the Florida Department of Financial Services. Therefore, we are reminding all title agencies that the 2018 administrative surcharge due date will soon be approaching.

Any title insurance agency licensed in Florida on January 1, 2018, will be emailed a reminder a few days afterward to the Deadline agency's email address on file with the Department. To ensure you receive the invoice and avoid failing to pay by the January 30 due date, please log in to the MyProfile account for your title agency and make sure the correct email address is on file. While doing so, we also recommend you do the same for your individual MyProfile account.

Occasionally we discover agencies that were not aware of the reminder because of the retirement or termination of the employee assigned to monitor the email address provided to the Department. Failure to open the email sent by the Department containing the administrative surcharge reminder does not release an agency from the January 30 deadline. Please verify your information soon so this does not happen to you. If you need our assistance, you may contact us at AgentLicensing@MyFloridaCFO.com to assist you through the steps to update your information. Be proactive; do not procrastinate.

Failure to pay the surcharge on or before January 30, 2018 will result in administrative action which could include a fine, in addition to the original surcharge. Payment must be made securely online via the title agency's MyProfile account. Paper checks are not accepted.

 

compliance globeCompliance Information

Department licensees and consumers can access compliance information at the Division of Insurance Agent and Agency Services' web page Compliance Information. Additional information is available by type of license at our Frequently Asked Questions web page.

Note: Some information in archived articles may now be out of date or superseded by changes in Florida law. Please be sure you refer to the most current law.