S.C. Code Ann. § 38-92-170: Public adjusters; ethical duties; solicitation limits; conflicts; referrals; consent.
Where this section sits in the code
- Title 38 - INSURANCE
- CHAPTER 92 Public Insurance Adjusters
(A) A licensed public adjuster is subject to Chapter 57 of this title.
(B) A public adjuster is obligated, under his license, to serve with objectivity and complete loyalty the interest of his client alone; and to render to the insured such information, counsel, and service, as within the knowledge, understanding, and opinion in good faith of the licensee, as will best serve the insured's insurance claim needs and interest.
(C) A public adjuster may not solicit, or attempt to solicit, an insured during the progress of a loss-producing occurrence, as defined in the insured's insurance contract.
(D) A public adjuster shall not advertise or infer damage unless an inspection of the property has been completed.
(E) A public adjuster shall not offer to pay an insured's deductible, or claim the insured's deductible will be waived, as an inducement to using the services of a public adjuster.
(F) A public adjuster may not permit an unlicensed employee or representative of the public adjuster to conduct business for which a license is required under this chapter.
(G) A public adjuster may not have a direct or indirect financial interest in any aspect of the claim, other than the salary, fee, commission, or other consideration established in the written contract with the insured.
(H) A public adjuster may not acquire any interest in salvage of property subject to the contract with the insured unless the public adjuster obtains written permission from the insured after settlement of the claim with the insurer as set forth in Section 38-92-130.
(I) The public adjuster must abstain from referring or directing the insured to get needed repairs or services in connection with a loss from any person, contractor, or firm:
(1) with whom the public adjuster has a financial interest; or
(2) from whom the public adjuster may receive any direct or indirect compensation or benefit whatsoever for the referral.
(J) Any compensation or anything of value in connection with an insured's specific loss that will be received by a public adjuster must be disclosed by the public adjuster to the insured in writing including the source and amount of any such compensation or value.
(K) Public adjusters must adhere to the following general ethical requirements:
(1) A public adjuster may not undertake the adjustment of any claim if the public adjuster is not competent and knowledgeable as to the terms and conditions of the insurance coverage, or which otherwise exceeds the public adjuster's current expertise.
(2) A public adjuster may not knowingly make any oral or written material misrepresentations or statements which are misleading, incomplete, false, or maliciously critical and intended to injure any person engaged in the business of insurance to any insured client or potential insured client.
(3) No public adjuster, while so licensed by the department, may represent or act as a company adjuster, or independent adjuster on the same claim.
(4) The contract may not be construed to prevent an insured from pursuing any civil remedy after the five-business-day recission or cancellation period.
(5) A public adjuster must ensure that all contracts for the public adjuster's services are in writing and set forth all terms and conditions of the engagement.
(L) A public adjuster may not agree to any loss settlement without the insured's knowledge and written consent.
Collected 2026-10-25T03:48:30Z. Source file · JSON