Sec. 14. (a) Before an insured enters into a contract with a public adjuster, the public adjuster shall provide to the insured a separate signed and dated disclosure document that states the following:

“Property insurance policies obligate the insured to present a claim to his or her insurer for the insurer’s consideration. There are three (3) types of adjusters that could be involved in that process. Here are definitions of the three (3) types of adjusters:

Terms Used In Indiana Code 27-1-27-14

  • Contract: A legal written agreement that becomes binding when signed.
  • Insurance: means a contract of insurance or an agreement by which one (1) party, for a consideration, promises to pay money or its equivalent or to do an act valuable to the insured upon the destruction, loss or injury of something in which the other party has a pecuniary interest, or in consideration of a price paid, adequate to the risk, becomes security to the other against loss by certain specified risks; to grant indemnity or security against loss for a consideration. See Indiana Code 27-1-2-3
  • insurer: means a company, firm, partnership, association, order, society or system making any kind or kinds of insurance and shall include associations operating as Lloyds, reciprocal or inter-insurers, or individual underwriters. See Indiana Code 27-1-2-3
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
“Company adjuster” means an insurance adjuster who is an employee of an insurer, who represents the interests of the insurer, and who is paid by the insurer. A company adjuster will not charge the insured a fee.

“Independent adjuster” means an insurance adjuster who is hired on a contract basis by an insurer to represent the insurer’s interest in the settlement of a claim and who is paid by the insurer. An independent adjuster will not charge the insured a fee.

“Public adjuster” means an insurance adjuster who does not work for any insurer. A public adjuster represents the insured to assist in the preparation, presentation, and settlement of the insured’s claim. The insured hires a public adjuster by signing a contract under which the insured agrees to pay the public adjuster a fee or commission based on a percentage of the amount paid by the insurer in settlement of the insured’s claim or based on some other method of compensation.”.

As added by P.L.226-2023, SEC.9.

  Previous section
Next section  
 Chapter 27 Contents