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RULE §19.713Public Insurance Adjuster Code of Ethics

(a) This section states legal and ethical requirements that are of prime importance for public insurance adjusters' professional conduct. This section does not exhaust the legal or ethical requirements that govern public insurance adjusters. This section details requirements similar to the codes of ethics adopted by local and national public insurance adjusters' professional organizations.

(b) All public insurance adjuster licensees must comply with the following requirements:

  (1) Licensees must conduct business fairly with their clients, insurance companies, and the public.

  (2) Licensees must not employ any improper solicitation that would violate Insurance Code Chapter 4102 and applicable rules.

  (3) Licensees must not make a misrepresentation, in violation of Insurance Code Chapter 4102, to an insured or to an insurance company in the conduct of their actions as public insurance adjusters.

  (4) Licensees must charge only commissions that comply with the requirements set forth in Insurance Code Chapter 4102 and applicable rules.

  (5) Licensees must complete continuing education as required by Insurance Code Chapter 4102 and this subchapter.

  (6) Licensees must have appropriate knowledge and experience for the work they undertake and should obtain competent technical assistance, when necessary, to help handle claims and losses outside their area of expertise.

  (7) Licensees must not engage in the unauthorized practice of law.

  (8) Licensees must avoid conflicts of interest, including acquiring any interest in salvaged property or participating in any way, directly or indirectly, in the reconstruction, repair, or restoration of damaged property that is the subject of a claim adjusted by the licensee, except as allowed in Insurance Code Chapter 4102 and this subchapter.

  (9) Licensees must not disseminate or use any form of agreement, advertising, or other communication, regardless of format or medium, in this state that is harmful to the profession of public insurance adjusting and that does not comply with Insurance Code Chapter 4102, this subchapter, or other provisions of the Insurance Code.

  (10) Licensees must use only contracts that comply with Insurance Code Chapter 4102 and this subchapter.

Source Note: The provisions of this §19.713 adopted to be effective September 9, 2004, 29 TexReg 8559; amended to be effective January 1, 2014, 38 TexReg 7448

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