Title 31A
Chapter 26
Part 4
Section 405
| Index | Utah Code |
| Title 31A | Insurance Code |
| Chapter 26 | Insurance Adjusters |
| Part 4 | Public Adjusters |
| Section 405 | Public adjuster standards of conduct.
(Effective 5/6/2026)
|
Effective 5/6/2026
31A-26-405.
Public adjuster standards of conduct.
A public adjuster may not:
| (1) | solicit or attempt to solicit an insured during the progress of a loss-producing occurrence; |
| (2) | advertise or infer damage unless an inspection of the property has been completed; |
| (3) | offer to pay an insured's deductible, or claim that the public adjuster will waive the insured's deductible, as an inducement for the insured to use the public adjuster's services; |
| (4) | offer to conduct a free inspection of property other than property that is the subject of an insured's claim; |
| (5) | participate directly, indirectly, or through an affiliate, in the reconstruction, repair, or restoration of property that is the subject of the public adjuster's contract with an insured; |
| (6) | solicit, accept compensation from, or have an interest in a business that provides a product or service in connection with a claim that the public adjuster has a contract to adjust; |
| (7) | have a financial interest in, directly, indirectly, or through an affiliate, an aspect of an insured's claim except for:
| (d) | other compensation established in the written contract with the insured; |
|
| (8) | collect compensation as provided in a contract without actually performing the service a licensed public adjuster customarily provides for the insured; |
| (9) | acquire an interest in a salvage of property except as authorized in a contract with the insured; |
| (10) | recommend or direct that the insured obtain a repair or service in connection with a loss from a person:
| (a) | in whom the public adjuster has a financial interest; or |
| (b) | from whom the public adjuster may receive direct or indirect compensation for the referral; |
|
| (11) | accept, sign, or endorse a check or payment draft:
| (a) | that does not name the insured as a payee; or |
| (b) | on behalf of the insured; |
|
| (12) | adjust a claim if the terms and conditions of the insurance coverage exceed the public adjuster's competence, knowledge, or expertise; |
| (13) | represent or act as a company adjuster or independent adjuster on the same claim; |
| (14) | enter into a contract or accept a power of attorney that vests in the public adjuster the authority to choose the persons that will perform repair work; |
| (15) | agree to a loss settlement without the insured's knowledge or consent; or |
| (16) | allow the following to obtain an insured's signature on the public adjuster's contract:
| (a) | a home repair contractor; |
| (c) | a disaster clean up company; |
| (f) | any other person hired to remedy the damage that is the subject of the insured's claim. |
|
Enacted by Chapter
45, 2026 General Session