§ 58-33A-80. (Effective July 1, 2010) Standards of conduct of public adjusters. - North Carolina Statutes

§ 58‑33A‑80. (Effective July 1, 2010) Standards of conduct of public adjusters.

(a)        A public adjustershall, under his or her license, serve with objectivity and complete loyaltythe interest of his or her client alone and render to the insured such information,counsel, and service, as within the knowledge, understanding, and opinion ingood faith of the licensee, as will best serve the insured's insurance claimneeds and interest.

(b)        A public adjustershall not solicit, or attempt to solicit, an insured during the progress of aloss‑producing occurrence, as defined in the insured's insurancecontract.

(c)        A public adjustershall not permit an unlicensed employee or representative of the publicadjuster to conduct business for which a license is required under thisArticle.

(d)        A public adjustershall not have a direct or indirect financial interest in any aspect of theclaim, other than the salary, fee, commission, or other considerationestablished in the written contract with the insured, unless full writtendisclosure has been made to the insured as set forth in G.S. 58‑33A‑65.

(e)        A public adjustershall not acquire any interest in salvage of property subject to the contractwith the insured unless the public adjuster obtains written permission from theinsured after settlement of the claim with the insurer as set forth in G.S. 58‑33A‑65.

(f)         The publicadjuster shall abstain from referring or directing the insured to get neededrepairs or services in connection with a loss from any person described by anyof the following criteria, unless disclosed to the insured:

(1)        The public adjusterhas a financial interest in the person.

(2)        The public adjustermay receive direct or indirect compensation for the referral from the person.

(g)        The public adjustershall disclose to an insured if the public adjuster has any interest or will becompensated by any construction firm, salvage firm, building appraisal firm,motor vehicle repair shop, or any other firm that performs any work inconjunction with damages caused by the insured loss. The word "firm"includes any corporation, partnership, association, joint‑stock company,or person.

(h)        Any compensation oranything of value in connection with an insured's specific loss that will bereceived by a public adjuster shall be disclosed by the public adjuster to theinsured in writing, including the source and amount of any such compensation.

(i)         Public adjustersshall adhere to all of the following general ethical requirements:

(1)        A public adjustershall not undertake the adjustment of any claim if the public adjuster is notcompetent and knowledgeable as to the terms and conditions of the insurancecoverage, or which otherwise exceeds the public adjuster's current expertise.

(2)        A public adjustershall not knowingly make any oral or written material misrepresentations orstatements that are false or maliciously critical and intended to injure anyperson engaged in the business of insurance to any insured client or potentialinsured client.

(3)        No public adjuster,while so licensed by the Department, may represent or act as a company adjusteror independent adjuster on the same claim.

(4)        The contract shallnot be construed to prevent an insured from pursuing any civil remedy after thethree‑business‑day revocation or cancellation period.

(5)        A public adjustershall not enter into a contract or accept a power of attorney that vests in thepublic adjuster the effective authority to choose the persons who shall performrepair work.

(6)        A public adjustershall ensure that all contracts for the public adjuster's services are inwriting and set forth all terms and conditions of the engagement.

(j)         A public adjustermay not agree to any loss settlement without the insured's knowledge andconsent.

(k)        Public adjustersshall not solicit a client for employment between the hours of 9:00 P.M. and9:00 A.M.  (2009‑565,s. 1.)