2022 Hawaii Revised Statutes
Title 24. Insurance
431. Insurance Code
431:9-244 Contracts between public adjuster and insured.

§431:9-244 Contracts between public adjuster and insured. (a) All contracts for services provided by a public adjuster shall be in writing and contain the following terms:

(1) Title of "Public Adjuster Contract";

(2) Description of services to be provided to the insured;

(3) Full salary, fee, commission, or other consideration the public adjuster is to receive for services;

(4) Initial expenses to be reimbursed to the public adjuster from the proceeds of the claim payment, specified by type, with dollar estimates set forth in the contract, and with any additional expenses first approved by the insured;

(5) Attestation language stating that the public adjuster is fully bonded pursuant to section 431:9-223;

(6) Insured's full name, street address, insurance company name, and policy number, if known;

(7) Description of the loss and its location, if applicable;

(8) Legible full name of the public adjuster signing the contract;

(9) The public adjuster's permanent home state, business address, and phone number;

(10) License number on record with the insurance division;

(11) Signatures of the public adjuster and the insured; and

(12) Date the contract was signed by the public adjuster and date the contract was signed by the insured.

(b) A public adjuster contract shall not contain any contract term that:

(1) Requires the insured to authorize an insurance company to issue a check only in the name of the public adjuster;

(2) Imposes collection costs or late fees; or

(3) Precludes the insured from pursuing civil remedies.

(c) No public adjuster shall charge, agree to, or accept as compensation or reimbursement any payment, fee, commission, or other thing of value that is determined to be unreasonable by the commissioner. If the compensation is based on a share of the insurance settlement or proceeds, the exact percentage shall be specified in the contract.

(d) If the insurer, no later than seventy-two hours after the date on which the loss is reported to the insurer, either pays or commits in writing to pay the insured the limits of any coverage that are or may be applicable to the specific claim, the public adjuster shall:

(1) Not receive a commission consisting of a percentage of the total amount paid by an insurer to resolve a claim;

(2) Inform the insured that the amount of a recovered loss might not be increased by the insurer; and

(3) Be entitled only to reasonable compensation from the insured for services provided by the public adjuster on behalf of the insured, based on the time spent on a claim and expenses incurred by the public adjuster, until the claim is paid or the insured receives a written commitment to pay from the insurer.

(e) A public adjuster shall provide the insured a written disclosure concerning any direct or indirect financial interest that the public adjuster has with any other party who is involved in any aspect of the claim, other than the salary, fee, commission, or other consideration established in the written contract with the insured, including but not limited to any ownership of, other than as a minority stockholder, or any compensation expected to be received from, any construction firm, salvage firm, building appraisal firm, motor vehicle repair shop, or any other firm that provides estimates for work, or that performs any work, in conjunction with damages caused by the insured loss on which the public adjuster is engaged. For purposes of this subsection, "firm" includes any corporation, partnership, association, joint-stock company, or person.

(f) The insured shall have the right to rescind the contract within three business days after the date the contract was signed. The rescission shall be in writing and mailed or delivered to the public adjuster at the address in the contract within the three business-day period.

(g) If the insured exercises the right to rescind the contract pursuant to subsection (f), anything of value given by the insured under the contract shall be returned to the insured within fifteen business days following the receipt of the cancellation notice by the public adjuster.

(h) Compensation provisions in a public adjusting contract shall be made available to the commissioner upon request. [L 2021, c 110, §1]