{"data":{"id":"us-ok/okla.-stat.-tit.-36-36-6223","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 36, § 36-6223","heading":"Public adjuster responsibilities","body":"A. A public adjuster shall not misrepresent to a claimant that\n\nthe public adjuster is an adjuster representing an insurer in any\n\ncapacity, including acting as an employee of the insurer or acting\n\nas an independent adjuster.\n\nB. No public adjuster shall split any commission, service fee\n\nor other valuable consideration for performing adjusting services\n\nwith any person or entity unless that person or entity is required\n\nto be licensed as a public adjuster under this title and is so\n\nlicensed.\n\nC. Prior to the signing of the contract the public adjuster\n\nshall provide the insured with a separate disclosure document\n\nregarding the claim process that states:\n\n1. Property insurance policies obligate the insured to present\n\na claim to his or her insurance company for consideration. There\n\nare three types of adjusters that could be involved in that process.\n\nThe definitions of the three types are as follows:\n\na. \"company adjuster\" means the insurance adjusters who\n\nare employees of an insurance company. They represent\n\nthe interest of the insurance company and are paid by\n\nthe insurance company. They will not charge you a\n\nfee,\n\nb. \"independent adjuster\" means the insurance adjusters\n\nwho are hired on a contract basis by an insurance\n\ncompany to represent the insurance company's interest\n\nin the settlement of the claim. They are paid by your\n\ninsurance company. They will not charge you a fee,\n\nand\n\nc. \"public adjuster\" means the insurance adjusters who do\n\nnot work for any insurance company. They work for the\n\ninsured to assist in the preparation, presentation and\n\nsettlement of the claim. The insured hires them by\n\nsigning a contract agreeing to pay them a fee or\n\ncommission based on a percentage of the settlement, or\n\nother method of compensation;\n\n2. The insured is not required to hire a public adjuster to\n\nhelp the insured meet his or her obligations under the policy, but\n\nhas the right to do so;\n\n3. The public adjuster is not a representative or employee of\n\nthe insurer; and\n\n4. The salary, fee, commission or other consideration is the\n\nobligation of the insured, not the insurer.\n\nD. The public adjuster shall provide the insurer a notification\n\nletter which has been signed by the insured authorizing the public\n\nadjuster to represent the insured's interest.\n\nE. A public adjuster who receives, accepts or holds any funds\n\non behalf of an insured towards the settlement of a claim for loss\n\nor damage shall deposit the funds in a non-interest-bearing escrow\n\nor trust account in a financial institution that is insured by an\n\nagency of the federal government in the public adjuster's home state\n\nor where the loss occurred.\n\nF. A public adjuster shall maintain a complete record of each\n\ntransaction as a public adjuster for at least five (5) years after\n\nthe termination of the transaction and the record shall be open to\n\nexamination by the Department at all times. The records required by\n\nthis subsection shall include the following:\n\n1. Name of the insured;\n\n2. Date, location and amount of the loss;\n\n3. Copy of the signed contract between the public adjuster and\n\ninsured;\n\n4. Name of the insurer, amount, expiration date and number of\n\neach policy carried with respect to the loss;\n\n5. Itemized statement of the insured's recoveries;\n\n6. Itemized statement of all compensation received by the\n\npublic adjuster, from any source whatsoever, in connection with the\n\nloss;\n\n7. A register of all monies received, deposited, disbursed or\n\nwithdrawn in connection with a transaction with an insured,\n\nincluding fees, transfers and disbursements from a trust account,\n\nand all transactions concerning all interest-bearing accounts;\n\n8. Name of the public adjuster who executed the contract; and\n\n9. Name of the attorney representing the insured, if\n\napplicable, and the name of the claims representatives of the\n\ninsurance company.\n\nG. A public adjuster is obligated under his or her license to\nsured,\n\nincluding fees, transfers and disbursements from a trust account,\n\nand all transactions concerning all interest-bearing accounts;\n\n8. Name of the public adjuster who executed the contract; and\n\n9. Name of the attorney representing the insured, if\n\napplicable, and the name of the claims representatives of the\n\ninsurance company.\n\nG. A public adjuster is obligated under his or her license to\n\nserve with objectivity and complete loyalty to the interest of his\n\nor her client alone; and to render to the insured such information,\n\ncounsel and service as within the knowledge, understanding and\n\nopinion in good faith of the licensee will best serve the insured's\n\ninsurance claim needs and interest.\n\nH. A public adjuster shall not solicit or attempt to solicit an\n\ninsured during the progress of a loss-producing occurrence.\n\nI. A public adjuster shall not permit an unlicensed employee or\n\nrepresentative of the public adjuster to conduct business for which\n\na license is required.\n\nJ. A public adjuster shall not acquire any interest in salvage\n\nof property subject to the contract with the insured unless the\n\npublic adjuster obtains written permission from the insured after\n\nsettlement of the claim with the insurer.\n\nK. The public adjuster shall not refer or direct the insured to\n\nobtain needed repairs or services in connection with a loss from any\n\nperson or entity with whom the public adjuster has a financial\n\ninterest or from whom the public adjuster may receive direct or\n\nindirect compensation for the referral.\n\nL. Any compensation or anything of value in connection with an\n\ninsured's specific loss that will be received by a public adjuster\n\nfrom any third party shall be disclosed by the public adjuster to\n\nthe insured in writing including the source and amount of any such\n\ncompensation.\n\nM. A public adjuster shall not enter into a contract or accept\n\na power of attorney that vests in the public adjuster the effective\n\nauthority to choose the persons who shall perform repair work.\n\nN. A public adjuster may not agree to any loss settlement\n\nwithout the insured's knowledge and consent.\n\nO. On a percentage fee contract, a public adjuster may not\n\nrequire, demand or accept any fee, retainer, compensation, deposit\n\nor other thing of value prior to payment of any claim proceeds,\n\nwhether such payment is partial in nature or payment in full.","path":["OK Code","Title 36"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os36.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"87f0040eba3fab6c04e375375b8f7b153472680443eb3233790a7661d44e5578","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-36-36-6222","next":"us-ok/okla.-stat.-tit.-36-36-6224"},"notice":"GroundRules: Original legal text. Not legal advice."}