{"data":{"id":"us-ky/krs-304.9-4331","jurisdiction":"us-ky","citation":"KRS 304.9-4331","heading":"Insured's rights -- Written notice requirement -- Duties of public","body":"adjuster -- Limitation on negotiation for two years beginning on July 15, 2026.\n(1) A public adjuster shall give an insured written notice of the insured's rights under\nthis section and KRS 304.9-433 and 304.9-4332.\n(2) A public adjuster shall ensure that:\n(a) Prompt notice of a claim is provided to the insurer;\n(b) The property that is subject to a claim is available for inspection of the loss or\ndamage by the insurer; and\n(c) The insurer is given the opportunity to interview the insured directly about the\nloss or damage and claim.\n(3) A public adjuster shall not restrict or prevent an insurer or its adjuster, or an\nattorney, investigator, or other person acting on behalf of the insurer, from:\n(a) Having reasonable access, at reasonable times, to:\n1. The insured or claimant; or\n2. The insured property that is the subject of a claim;\n(b) Obtaining necessary information to investigate and respond to a claim; or\n(c) Corresponding directly with the insured regarding the claim, except a public\nadjuster shall be copied on any correspondence with the insured relating to the\nclaim.\n(4) (a) A public adjuster shall not act or f ail to reasonably act in any manner that\nobstructs or prevents the insurer or its adjuster from timely conducting an\ninspection of any part of the insured property for which there is a claim for\nloss or damage.\n(b) Except as provided in paragraph (c) of th is subsection, a public adjuster\nrepresenting an insured may be present for the insurer's inspection.\n(c) If the unavailability of a public adjuster, after a reasonable request by the\ninsurer, otherwise delays the insurer's timely inspection of the propert y, the\ninsured shall allow the insurer to have access to the property without the\nparticipation or presence of the public adjuster in order to facilitate the\ninsurer's prompt inspection of the loss or damage.\n(5) A public adjuster shall provide the insured , the insurer, and the commissioner with\na written disclosure concerning any direct or indirect financial interest that the\nadjuster has with any other party who is involved in any aspect of the claim.\n(6) A public adjuster shall not:\n(a) Participate, directly or indirectly, in the reconstruction, repair, or restoration\nof damaged property that is the subject of a claim adjusted by the adjuster;\n(b) Engage in any activities that may be reasonably construed as a conflict of\ninterest, including, directly or i ndirectly, soliciting or accepting any\nremuneration of any kind or nature;\n(c) Have a financial interest in, or otherwise be affiliated with, any salvage,\nrepair, or any other business entity or person that obtains business in\nconnection with any claim that the public adjuster has a contract to adjust;\n(d) Utilize a contractor, another form of business, or any other person to solicit or\nobtain contract signatures; or\n(e) 1. Use claim information obtained in the course of any claim investigation\nfor commercial purposes.\n2. As used in subparagraph 1. of this paragraph, \"commercial purposes\"\nincludes marketing or advertising used for the benefit of the public\nadjuster.\n(7) For a period of two (2) years beginning on July 15, 2026, a public adjuster shall not\nnegotiate with an insurer on behalf of an insured in the adjustment or settlement of\na claim.","path":[],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=57843","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:57:40Z","sha256":"ce7d4973a0ae3fca3d4e9c3a70f5bd5abfb3d8c3a91f9c94c1811c71712bc8ae","source_id":"us-ky","stale":false,"prev":"us-ky/krs-304.9-433","next":"us-ky/krs-304.9-4332"},"notice":"GroundRules: Original legal text. Not legal advice."}