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| Home > Statutes > Usa Missouri |
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USA Statutes : missouri
Title : OCCUPATIONS AND PROFESSIONS
Chapter : Chapter 325 Public Adjusters and Adjuster Solicitors
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As used in sections 325.010 to 325.055, unless the context
clearly requires another meaning, the following words and phrases mean:
(1) "Director", the director of the division of insurance of the state of
Missouri;
(2) "Public adjuster", any person, partnership, association or
corporation engaging in the adjustment or settlement of claims for losses
or damages arising out of policies of fire or allied lines of insurances;
but does not include persons, partnerships, associations or corporations
engaged in the adjustment or settlement of claims for losses or damages
arising out of other types of policies for casualty insurance; and does
not include attorneys at law; and does not include an agent or employee
of an issuer of policies of insurance against loss or damage by fire or
allied casualty; nor to an insurance broker acting as an adjuster without
compensation for a client for whom he is acting as broker;
(3) "Public adjuster solicitor", any person, other than clerical
employees, employed by a public adjuster who solicits or aids in securing
any contract for adjustment for a public adjuster, or who acts for or
with a public adjuster in making settlements or adjustments of claims.
(L. 1973 S.B. 28 § 1)
No person, partnership, association or corporation shall,
directly or indirectly, act as a public adjuster or public adjuster
solicitor within this state, or receive for or because of services
rendered in the adjustment of any claim or claims for loss or damage by
fire or other casualty within the provisions of fire or allied insurance
policies any money or commission or other thing of value, without first
securing a license to act as a public adjuster or public adjuster
solicitor from the director as hereinafter prescribed. No such license
shall permit the holder thereof to engage in the practice of law or to
conduct law business as defined in section 484.010, RSMo. (L. 1973 S.B.
28 § 2)
1. Any person, partnership, association or corporation desiring
to be licensed as a public adjuster or public adjuster solicitor shall
submit an application therefor to the director upon forms adopted by the
director, and shall file corporate surety bond in the amount of ten
thousand dollars and for each employee engaged as a public adjuster or
solicitor a separate corporate surety bond in the amount of one thousand
dollars; said bonds shall be conditioned upon a satisfactory accounting
of any funds received in settlement of losses or claims for holders of
insurance policies within the provisions of sections 325.010 to 325.055;
provided, however, that the aggregate liability of the surety for all
breaches of the conditions of the bond shall, in no event, exceed the sum
of such bond. The surety on the bond shall have the right to cancel such
bond upon giving thirty days' notice to the director and thereafter shall
be relieved of liability for any breach of condition occurring after the
effective date of said cancellation.
2. Each application shall be signed and verified under oath by the
applicant, shall contain the name and address of the applicant and the
address of the place where the applicant will conduct an adjusting
business, whether any adjuster's license has previously been issued to
the applicant, the applicant's occupation or business for the five years
next preceding the date of the application, including names and addresses
of employers within this period, and such other information as the
director may require to enable him to determine the experience, education
and training of the applicant to engage in this type of business.
3. If the applicant is a partnership, association or corporation, the
application shall contain the above information for each partner, member,
officer or director as may be applicable. The license issued shall
entitle only those persons named in the application to engage in the
adjusting business. (L. 1973 S.B. 28 § 3)
1. Each applicant shall pay an initial application fee of one
hundred dollars for each individual who will act as a public adjuster or
public adjuster solicitor. Each license issued shall be renewed annually
on the anniversary date of issuance and continue in effect until refused,
revoked or suspended by the director in accordance with section 325.035;
except that if the annual renewal fee for the license is not paid on or
before the anniversary date the license terminates.
2. The annual renewal fee for a public adjuster's or public adjuster
solicitor's license if fifty dollars for each license.
3. Supplemental applications may be made for others becoming associated
with or employed by a licensee upon the payment of the proper additional
fee or fees and the filing of a completed application. (L. 1973 S.B. 28 §
4, A.L. 1990 H.B. 1739)
1. The director shall issue the proper license when the
requirements of sections 325.010 to 325.055 have been met, and a person
receiving the license shall thereafter be known and styled a "licensed
public adjuster", or "licensed public adjuster solicitor", as the case
may be.
2. The director shall require an applicant to submit to a written
examination to determine his qualifications to engage in the adjustment
business.
3. Notwithstanding subsection 1, the director shall not issue a license
to any person who has been convicted of a felony or other crime involving
fraudulent or dishonest practices; and shall have the power to revoke,
suspend or refuse a license as hereinafter provided. (L. 1973 S.B. 28 § 5)
1. Whenever the director shall be satisfied that an applicant
for a license does not have the necessary qualifications to engage in the
public adjustment business, or when he shall be satisfied that a holder
of such license has engaged in false, fraudulent or misleading business
practices, the director may refuse to issue the license or may revoke or
suspend the license. Such refusal, revocation or suspension shall be
accomplished pursuant to the provisions of chapter 621, RSMo, and shall
be based on one or more of the following grounds:
(1) A violation of any provision of chapter 325, RSMo; or
(2) Any ground under subdivisions (2) to (12) of subsection 1 of section
375.141, RSMo.
2. The director may suspend the license of any holder thereof for such
period as he may determine proper or revoke such license if as a result
of his disciplinary hearing he deems such action to be necessary as being
in the public interest. (L. 1973 S.B. 28 § 6, A.L. 1991 S.B. 53 merged
with S.B. 283)
Anyone violating the provisions of sections 325.010 to 325.055
is guilty of a misdemeanor. (L. 1973 S.B. 28 § 7)
No more general revenues of the state of Missouri shall be used
to carry out the provisions of sections 325.010 to 325.055 than* the
amount collected in fees. The director may from time to time raise the
amount of such fees as are provided in sections 325.010 to 325.055 in
order to make said act self-sustaining. (L. 1973 S.B. 28 § 8)
*Word "that" appears here in original rolls.
1. The owner of damaged property has the right to cancel any
agreement entered into with a licensed public adjuster or licensed public
adjuster solicitor until midnight of the third business day after the day
on which the agreement was signed.
2. Cancellation occurs when the buyer gives written notice of
cancellation to the licensed public adjuster or licensed public adjuster
solicitor at the address stated in the agreement between the parties.
Notice of cancellation may be given by mail and is given when deposited
in a United States mail box properly addressed and postage prepaid.
Notice of cancellation must contain the written intention of the owner to
cancel the agreement. No liability accrues to the owner when the
agreement is canceled within said period, except for reasonable expenses
incurred in preserving the damaged premises during the said three-day
period. (L. 1973 S.B. 28 § 9)
No person, partnership, association or corporation, directly or
indirectly, acting as a public adjuster or public adjuster solicitor
licensed under the provisions of sections 325.010 to 325.055, may
solicit, or enter into, an agreement for the repair or replacement of
damaged property on which said public adjuster or public adjuster
solicitor has been engaged to adjust or settle claims for losses or
damages arising out of policies of fire or allied lines of insurances.
(L. 1973 S.B. 28 § 10)
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