Florida 3-20 Public Adjuster Exam Outlines| 141 questions| with complete answers
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Course
Public Adjuster
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Liberty University
626.854 (3) Correct Answer: A public adjuster may not give legal advice or act on behalf of or aid any person in negotiating or settling a claim relating to bodily injury, death, or noneconomic damages.
626.854 (5) Correct Answer: A public adjuster may not directly or indirectly through any ot...
florida 3 20 public adjuster exam outlines| 141 questions| with complete answers
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Public Adjuster
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Florida 3-20 Public Adjuster Exam Outlines| 141
questions| with complete answers
626.854 (3) Correct Answer: A public adjuster may not give legal advice or act on behalf of or
aid any person in negotiating or settling a claim relating to bodily injury, death, or noneconomic
damages.
626.854 (5) Correct Answer: A public adjuster may not directly or indirectly through any other
person or entity solicit an insured or claimant by any means except on Monday through Saturday
of each week and only between the hours of 8 a.m. and 8 p.m. on those days.
626.854 (6) Correct Answer: An insured or claimant may cancel a public adjuster's contract to
adjust a claim without penalty or obligation within 3 business days after the date on which the
contract is executed or within 3 business days after the date on which the insured or claimant has
notified the insurer of the claim, whichever is later. The public adjuster's contract must disclose
to the insured or claimant his or her right to cancel the contract and advise the insured or
claimant that notice of cancellation must be submitted in writing and sent by certified mail,
return receipt requested, or other form of mailing that provides proof thereof, to the public
adjuster at the address specified in the contract; provided, during any state of emergency as
declared by the Governor and for 1 year after the date of loss, the insured or claimant has 10
business days after the date on which the contract is executed to cancel a public adjuster's
contract.
626.854 (7) Correct Answer: It is an unfair and deceptive insurance trade practice pursuant to s.
626.9541 for a public adjuster or any other person to circulate or disseminate any advertisement,
announcement, or statement containing any assertion, representation, or statement with respect to
the business of insurance which is untrue, deceptive, or misleading.
626.854 (7) (a) Correct Answer: The following statements, made in any public adjuster's
advertisement or solicitation, are considered deceptive or misleading:
1. A statement or representation that invites an insured policyholder to submit a claim when the
policyholder does not have covered damage to insured property.
2. A statement or representation that invites an insured policyholder to submit a claim by
offering monetary or other valuable inducement.
3. A statement or representation that invites an insured policyholder to submit a claim by stating
that there is "no risk" to the policyholder by submitting such claim.
4. A statement or representation, or use of a logo or shield, that implies or could mistakenly be
construed to imply that the solicitation was issued or distributed by a governmental agency or is
sanctioned or endorsed by a governmental agency.
626.854 (7) (b) Correct Answer: For purposes of this paragraph, the term "written
advertisement" includes only newspapers, magazines, flyers, and bulk mailers. The following
disclaimer, which is not required to be printed on standard size business cards, must be added in
bold print and capital letters in typeface no smaller than the typeface of the body of the text to all
written advertisements by a public adjuster:
,"THIS IS A SOLICITATION FOR BUSINESS. IF YOU HAVE HAD A CLAIM FOR AN
INSURED PROPERTY LOSS OR DAMAGE AND YOU ARE SATISFIED WITH THE
PAYMENT BY YOUR INSURER, YOU MAY DISREGARD THIS ADVERTISEMENT."
626.854 (8) Correct Answer: A public adjuster, a public adjuster apprentice, or any person or
entity acting on behalf of a public adjuster or public adjuster apprentice may not give or offer to
give a monetary loan or advance to a client or prospective client.
626.854 (9) Correct Answer: A public adjuster, public adjuster apprentice, or any individual or
entity acting on behalf of a public adjuster or public adjuster apprentice may not give or offer to
give, directly or indirectly, any article of merchandise having a value in excess of $25 to any
individual for the purpose of advertising or as an inducement to entering into a contract with a
public adjuster.
626.854 (10) (a) Correct Answer: If a public adjuster enters into a contract with an insured or
claimant to reopen a claim or file a supplemental claim that seeks additional payments for a
claim that has been previously paid in part or in full or settled by the insurer, the public adjuster
may not charge, agree to, or accept from any source compensation, payment, commission, fee, or
any other thing of value based on a previous settlement or previous claim payments by the
insurer for the same cause of loss. The charge, compensation, payment, commission, fee, or any
other thing of value must be based only on the claim payments or settlement obtained through
the work of the public adjuster after entering into the contract with the insured or claimant.
Compensation for the reopened or supplemental claim may not exceed 20 percent of the
reopened or supplemental claim payment. In no event shall the contracts described in this
paragraph exceed the limitations in paragraph (b).
626.854 (10) (b) Correct Answer: A public adjuster may not charge, agree to, or accept from any
source compensation, payment, commission, fee, or any other thing of value in excess of:
1. Ten percent of the amount of insurance claim payments made by the insurer for claims based
on events that are the subject of a declaration of a state of emergency by the Governor. This
provision applies to claims made during the year after the declaration of emergency. After that
year, the limitations in subparagraph 2. apply.
2. Twenty percent of the amount of insurance claim payments made by the insurer for claims that
are not based on events that are the subject of a declaration of a state of emergency by the
Governor.
626.854 (10) (c) Correct Answer: Insurance claim payments made by the insurer do not include
policy deductibles, and public adjuster compensation may not be based on the deductible portion
of a claim.
626.854 (10) (d) Correct Answer: Any maneuver, shift, or device through which the limits on
compensation set forth in this subsection are exceeded is a violation of this chapter punishable as
provided under s. 626.8698.
626.854 (11) Correct Answer: Each public adjuster must provide to the claimant or insured a
written estimate of the loss to assist in the submission of a proof of loss or any other claim for
, payment of insurance proceeds. The public adjuster shall retain such written estimate for at least
5 years and shall make the estimate available to the claimant or insured, the insurer, and the
department upon request.
626.854 (12) Correct Answer: A public adjuster, public adjuster apprentice, or any person acting
on behalf of a public adjuster or apprentice may not accept referrals of business from any person
with whom the public adjuster conducts business if there is any form or manner of agreement to
compensate the person, directly or indirectly, for referring business to the public adjuster. A
public adjuster may not compensate any person, except for another public adjuster, directly or
indirectly, for the principal purpose of referring business to the public adjuster.
626.854 (13) Correct Answer: 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.
626.854 (14) Correct Answer: 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.
626.854 (14) (a) Correct Answer: 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. This section does not
impair the terms and conditions of the insurance policy in effect at the time the claim is filed.
626.854 (14) (b) Correct Answer: 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 agree
626.854 (14) (c) Correct Answer: 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.
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