| (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.
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