402-D:1 Purpose and Scope. – This chapter governs the qualifications and procedures for the licensing of public adjusters. It specifies the duties of and restrictions on public adjusters, which include limiting their licensure to assisting insureds in first party claims. Source. 2006, 9:1, eff. May 2, 2006.
402-D:10 License Denial, Nonrenewal, or Revocation. – I. The commissioner may place on probation, suspend, revoke, or refuse to issue or renew a public adjuster’s license or may impose an administrative fine in the amount of $2,500 per violation, or impose any combination of actions, after notice and hearing, for any one or more […]
402-D:11 Bond or Letter of Credit. – I. Prior to issuance of a license as a public adjuster, the applicant shall maintain in force evidence of financial responsibility through one of the following: (a) A surety bond executed and issued by an insurer authorized to issue surety bonds in this state, which bond: (1) […]
402-D:12 Continuing Education. – I. A person, who holds a public adjuster license and who is not exempt under paragraph III, shall satisfactorily complete a minimum of 15 hours of continuing education courses, including a minimum of 3 hours of ethics, specifically designed to increase the knowledge of public adjusting duties and responsibilities during […]
402-D:13 Contract Between Public Adjuster and Insured. – I. The agreement between the public adjuster and the insured shall be in writing and contain the following: (a) Title of "Public Adjuster Contract." (b) Name, business name, telephone number, and business street address of the public adjuster. (c) Name and address of the insured. (d) […]
402-D:14 Approval of Forms. – I. No contract in writing for the adjustment or appraisal for any loss shall be made until a copy of the form of such contract has been on file for 30 days with the commissioner, unless before the expiration of that period the commissioner shall have approved the form […]
402-D:15 Escrow or Trust Accounts. – I. A public adjuster who receives, accepts, or holds any moneys on behalf of an insured, towards the settlement of a claim for loss or damage, shall deposit the moneys in an interest bearing escrow or trust account in a financial institution which is insured by an agency […]
402-D:16 Record Retention. – I. A public adjuster shall maintain a complete record of each transaction as a public adjuster. The records required by this section shall include, at a minimum, the following: (a) Name of the insured. (b) Date, location, and amount of the loss. (c) Copy of the contract between the public […]
402-D:17 Standards of Conduct of Public Adjuster. – I. A public adjuster shall be honest and fair in all communications with the insured, the insurer, and the public. II. A public adjuster shall not solicit, or attempt to solicit, an insured during the progress of a loss-producing occurrence, as defined in the insured’s insurance […]
402-D:18 Reporting of Actions. – I. The public adjuster shall report to the commissioner any administrative action taken against the public adjuster in another jurisdiction or by another governmental agency in this state within 30 days of the final disposition of the matter. This report shall include a copy of the order, consent to […]
402-D:19 Additional Penalty. – In addition to any of the penalties provided in this chapter, any person who shall act within this state as a public adjuster without being licensed as provided in this chapter shall be guilty of a class A misdemeanor. Any licensee who in the course of his or her work […]
402-D:2 Definitions. – In this chapter: I. " Commissioner " means the insurance commissioner. I-a. " Home state " means the District of Columbia and any state or territory of the United States in which a licensee maintains his or her principal place of residence or principal place of business and is licensed to […]
402-D:20 Rulemaking Authority. – The commissioner may adopt rules, pursuant to RSA 541-A, as are necessary or proper to carry out the purposes of this chapter. Source. 2006, 9:1, eff. May 2, 2006.
402-D:21 Severability. – If any provision of this chapter, or the application thereof to any person or circumstances, is held invalid, the invalidity does not affect other provisions or applications of the chapter which can be given effect without the invalid provisions or applications, and to this end the provisions of this chapter are […]
402-D:3 License Required. – I. A person shall not act or hold himself or herself out as a public adjuster in this state unless the person is licensed as a public adjuster in accordance with this chapter. II. A person licensed as a public adjuster shall not represent or act as an adjuster licensed […]
402-D:4 Application for License. – I. A person applying for a public adjuster license shall make application to the commissioner on the appropriate uniform application or other application prescribed by the commissioner. II. The applicant shall declare under penalty of perjury and under penalty of refusal, suspension, or revocation of the license that the […]
402-D:5 Resident License. – I. Before issuing a public adjuster license to an applicant under this section, the commissioner shall find that the applicant: (a) Is eligible to designate this state as his or her home state or is a nonresident who is not eligible for a license under RSA 402-D:8. (b) Has not […]
402-D:6 Examination. – I. A person applying for a public adjuster license, pursuant to RSA 402-D:4, shall pass a written examination unless exempt pursuant to RSA 402-D:7. The examination shall test the knowledge of the person concerning the duties and responsibilities of an adjuster and the insurance laws and rules of this state. II. […]
402-D:7 Exemptions From Examination. – I. A person who applies for a public adjuster license in this state who was previously licensed as a public adjuster in another state based on a public adjuster examination shall not be required to complete any prelicensing examination. This exemption is only available if the person is currently […]
402-D:8 Nonresident License; Reciprocity. – I. Unless denied licensure pursuant to RSA 402-D:10, a nonresident person shall receive a nonresident public adjuster license if: (a) The person is currently licensed as a resident public adjuster and in good standing in his or her home state; (b) The person has submitted the proper request for […]
