KRS 304.9-4331: Insured's rights -- Written notice requirement -- Duties of public

adjuster -- Limitation on negotiation for two years beginning on July 15, 2026.

(1) A public adjuster shall give an insured written notice of the insured's rights under

this section and KRS 304.9-433 and 304.9-4332.

(2) A public adjuster shall ensure that:

(a) Prompt notice of a claim is provided to the insurer;

(b) The property that is subject to a claim is available for inspection of the loss or

damage by the insurer; and

(c) The insurer is given the opportunity to interview the insured directly about the

loss or damage and claim.

(3) A public adjuster shall not restrict or prevent an insurer or its adjuster, or an

attorney, investigator, or other person acting on behalf of the insurer, from:

(a) Having reasonable access, at reasonable times, to:

1. The insured or claimant; or

2. The insured property that is the subject of a claim;

(b) Obtaining necessary information to investigate and respond to a claim; or

(c) Corresponding directly with the insured regarding the claim, except a public

adjuster shall be copied on any correspondence with the insured relating to the

claim.

(4) (a) A public adjuster shall not act or f ail to reasonably act in any manner that

obstructs or prevents the insurer or its adjuster from timely conducting an

inspection of any part of the insured property for which there is a claim for

loss or damage.

(b) Except as provided in paragraph (c) of th is subsection, a public adjuster

representing an insured may be present for the insurer's inspection.

(c) If the unavailability of a public adjuster, after a reasonable request by the

insurer, otherwise delays the insurer's timely inspection of the propert y, the

insured shall allow the insurer to have access to the property without the

participation or presence of the public adjuster in order to facilitate the

insurer's prompt inspection of the loss or damage.

(5) A public adjuster shall provide the insured , the insurer, and the commissioner with

a written disclosure concerning any direct or indirect financial interest that the

adjuster has with any other party who is involved in any aspect of the claim.

(6) A public adjuster shall not:

(a) Participate, directly or indirectly, in the reconstruction, repair, or restoration

of damaged property that is the subject of a claim adjusted by the adjuster;

(b) Engage in any activities that may be reasonably construed as a conflict of

interest, including, directly or i ndirectly, soliciting or accepting any

remuneration of any kind or nature;

(c) Have a financial interest in, or otherwise be affiliated with, any salvage,

repair, or any other business entity or person that obtains business in

connection with any claim that the public adjuster has a contract to adjust;

(d) Utilize a contractor, another form of business, or any other person to solicit or

obtain contract signatures; or

(e) 1. Use claim information obtained in the course of any claim investigation

for commercial purposes.

2. As used in subparagraph 1. of this paragraph, "commercial purposes"

includes marketing or advertising used for the benefit of the public

adjuster.

(7) For a period of two (2) years beginning on July 15, 2026, a public adjuster shall not

negotiate with an insurer on behalf of an insured in the adjustment or settlement of

a claim.