Title 41 — INSURANCE

41-5801. 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.

41-5802. Definitions. As used in this chapter: (1) "Business entity" means a corporation, association, partnership, limited liability company, limited liability partnership or other legal entity. (2) "Fingerprints" means an impression of the lines on the finger taken for purpose …

41-5803. License required. (1) A person shall not act or hold himself out as a public adjuster in this state unless the person is licensed as a public adjuster in accordance with this chapter. (2) A person licensed as a public adjuster shall not misrepresent to a claimant that he…

41-5804. Exceptions to licensing. Notwithstanding section 41-5803, Idaho Code, a license as a public adjuster shall not be required of the following: (1) An attorney admitted to practice in this state, when acting in his or her professional capacity as an attorney; (2) A producer…

41-5805. Application for license. [EFFECTIVE UPON A STATE’S PARTICIPATION IN NAIC’S CENTRAL REPOSITORY FOR CRIMINAL BACKGROUND INFORMATION] (1) A person applying for a public adjuster license shall make application to the department on an application form prescribed by the depart…

41-5806. License qualifications. (1) Before issuing a public adjuster license to an applicant under this section, the department shall find that the applicant: (a) Is at least eighteen (18) years of age; (b) Is eligible to designate this state as his or her home state or is a non…

41-5807. Examination. (1) An individual applying for a public adjuster license under this chapter shall pass a written examination unless exempt pursuant to section 41-5808, Idaho Code. The examination shall test the knowledge of the individual concerning the duties and responsib…

41-5808. Exemptions from examination. (1) An individual 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.…

41-5809. Nonresident license reciprocity. (1) Unless denied licensure pursuant to sections 41-5810 or 41-5811, Idaho Code, 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 s…

41-5810. License. (1) Unless denied licensure under this chapter, persons who have met the requirements of this chapter shall be issued a public adjuster license. (2) A public adjuster license shall remain in effect unless revoked, terminated or suspended as long as the request f…

41-5811. License denial, nonrenewal or revocation. (1) The department may place on probation, suspend, revoke or refuse to issue or renew a public adjuster’s license or may levy a civil penalty in accordance with section 41-1016, Idaho Code, or any combination of actions, for any…

41-5812. Bond or letter of credit. Prior to issuance of a license as a public adjuster and for the duration of the license, the applicant shall secure evidence of financial responsibility in a format prescribed by the department through a security bond or irrevocable letter of cr…

41-5813. Continuing education. (1) An individual, who holds a public adjuster license and who is not exempt under subsection (2) of this section, shall satisfactorily complete a minimum of twenty-four (24) hours of continuing education courses, including three (3) hours of law or…

41-5814. Public adjuster fees. (1) A public adjuster shall not pay a commission, service fee or other valuable consideration to a person for investigating or settling claims in this state if that person is required to be licensed under this chapter and is not so licensed. (2) A p…

41-5815. Contract between public adjuster and insured. (1) Public adjusters shall ensure that all contracts for their services are in writing and contain the following terms: (a) Legible full name of the adjuster signing the contract, as specified in department records; (b) Perma…

41-5816. Escrow or trust accounts. A public adjuster who receives, accepts or holds any funds on behalf of an insured, towards the settlement of a claim for loss or damage, shall deposit the funds in a noninterest bearing escrow or trust account in a financial institution that is…

41-5817. Record retention. (1) A public adjuster shall maintain a complete record of each transaction as a public adjuster. The records required by this section shall include the following: (a) Name of the insured; (b) Date, location and amount of the loss; (c) Copy of the contra…

41-5818. Standards of conduct of public adjuster. (1) A public adjuster is obligated, under his or her license, to serve with objectivity and complete loyalty the interest of his or her client alone; and to render to the insured such information, counsel and service, as within th…

41-5819. Reporting of actions. (1) The public adjuster shall report to the department any administrative action taken against the public adjuster in another jurisdiction or by another governmental agency in this state within thirty (30) days of the final disposition of the matter…

41-5820. Rules. The department may, in accordance with section 41-211, Idaho Code, promulgate reasonable rules as are necessary or proper to carry out the purposes of this chapter.

41-5821. Severability. If any provisions of this chapter, or the application of a provision to any persons or circumstances, shall be held invalid, the remainder of the chapter, and the application of the provision to persons or circumstances other than those to which it is held …