Contracts, Duties and Responsibilities of Independent and Public Adjusters
Contracts - Independent Adjusters
An Independent Adjuster shall maintain a copy of each contract with an insurer or a self insurer and comply with the record retention policy agreed to in the contract.
Duties - Independent Adjusters
An Independent Adjuster shall do all of the following:
- Be honest and fair in all communications with an insured, an insurer, a self-insurer, and the public.
- Give policyholders and claimants prompt and knowledgeable service and courteous, fair, and objective treatment.
- Refrain from giving legal advice; or dealing directly with a policyholder or claimant who is represented by legal counsel unless the legal counsel consents to the direct contact.
- Comply with all local, state and federal privacy and information security laws.
- Identify the Independent Adjuster's self as an Independent Adjuster; and if applicable, the Independent Adjuster's employer when dealing with a policyholder or claimant.
- Refrain from having any financial interest in an adjustment; or acquiring, for the Independent Adjuster or any person, an interest or a title in salvage without first receiving written authority from the principal.
Other Responsibilities - Independent and Public Adjusters
In addition, all insurance Adjusters shall do all of the following:
- An Adjuster shall report to the Commissioner an administrative action taken against the Adjuster in another jurisdiction, or by another governmental agency in Indiana not more than thirty (30) days after the final disposition of the matter. The report must include a copy of the order or consent order, and any other relevant documentation.
- An Adjuster shall report to the Commissioner any criminal action taken against the Adjuster in another jurisdiction or by another governmental agency in Indiana not more than thirty (30) days after the final disposition of the criminal matter. The report must include a copy of the initial complaint filed, the final order issued by the court, and any other relevant documentation. See Reporting of Administrative or Criminal Actions Page
- If a resident Adjuster's license terminates for any reason, the resident Adjuster shall, not more than thirty (30) days after the resident Adjuster's license termination date, provide notice of the termination to the insurance commissioner of any state that has issued a nonresident Adjuster license to the resident Adjuster. If the termination results from a change of the resident Adjuster's home state, the notice must specify the Adjuster's previous home state address and new home state address.