Tennessee Code 56-6-913 – Fees charged by public adjuster – Commissions, service fees or other valuable consideration – Fee, retainer, compensation, deposit, or other thing of value, prior to settlement of a claim
(a) A public adjuster may charge the insured a reasonable fee. If a contract between the public adjuster and the insured is formed before the insurance carrier has made an offer of settlement, then the public adjuster may not charge a fee that is greater than fifteen percent (15%) of the total proceeds of the insurance settlement. If a contract between the public adjuster and the insured is formed after the insurance carrier has made an offer of settlement, then the public adjuster may not charge any more than twenty-five percent (25%) of the difference between the insurance company’s last offer to the insured prior to the public adjuster contract with that insured and the last offer after the public adjuster entered a contract with the insured and negotiated, if any, additional settlement proceeds. If the insured has obtained a home mortgage in the amount of one hundred percent (100%) of the appraised value of the home, then a public adjuster may charge a fee not to exceed ten percent (10%) of the total proceeds of an insurance settlement that is a total loss of the home, which shall be deemed to be a policy limit payment, occurring during a catastrophic disaster within the first twelve (12) months of the term of the home mortgage. This limitation applies regardless of when a contract is entered into between the public adjuster and the insured; provided, however, that a public adjuster shall charge no fee on any advance payment prior to the contract between the insured and the public adjuster to the insured. Nothing in this subsection (a) prohibits a public adjuster from charging a variation of fees, so long as those fees do not exceed the amounts prescribed in this subsection (a). This subsection (a) shall not apply to commercial insurance.
Terms Used In Tennessee Code 56-6-913
Catastrophic disaster: means an event that results in large numbers of deaths and injuries, causes extensive damage or destruction of facilities that provide and sustain human needs, produces an overwhelming demand on state and local response resources and mechanisms, causes a severe long-term effect on general economic activity, and severely affects state, local and private sector capabilities to begin and sustain response activities. See Tennessee Code 56-6-902
Contract: A legal written agreement that becomes binding when signed.
Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
Public adjuster: means any person, other than someone who is employed by an insurance carrier, who, for compensation or any other thing of value, on behalf of the insured: (i) Acts or aids, solely in relation to first party claims arising under insurance contracts that insure the real or personal property of the insured on behalf of an insured, in investigating, verifying, substaining, estimating, appraising, determining, presenting, and discussing the value of the claim, and effectuating the resolution of a claim for loss or damage covered by an insurance contract. See Tennessee Code 56-6-902
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.
State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
(b) A public adjuster shall not pay a commission, service fee or other valuable consideration to a person for investigating, resolving or working in connection with, claims in this state, if that person is required to be licensed under this part and is not so licensed.(c) A public adjuster shall not accept a commission, service fee or other valuable consideration for investigating or settling claims in this state, if the adjuster is required to be licensed under this part and is not so licensed.(d) No public adjuster shall require, demand or accept any fee, retainer, compensation, deposit, or other thing of value, prior to settlement of a claim.
