402-D:13 Contract Between Public Adjuster and Insured.
I. The agreement between the public adjuster and the insured shall be in writing and contain the following:
(a) Title of "Public Adjuster Contract."
(b) Name, business name, telephone number, and business street address of the public adjuster.
(c) Name and address of the insured.
(d) Description of the loss and its location, if applicable.
(e) Name of the insurer and the policy number.
(f) Full salary, fee, commission, or other consideration the public adjuster is to receive for services under the contract.
(g) Description of services to be provided to the insured.
(h) Signatures of the public adjuster and the insured.
(i) Date the contract was signed by the public adjuster and date the contract was signed by the insured.
(j) Complete identification as to the means by which the public adjuster satisfied RSA 402-D:11.
(k) A statement printed in not less than bold, 12-point type, which shall state, in substance: "You have the right, at your option, to rescind this contract at any time within 3 business days after the end of the day you sign it. Should you wish to discuss this matter with the New Hampshire insurance department, it can be reached, toll-free, by dialing 1-800-852-3416."
II. A public adjuster contract may not contain any contract term that:
(a) Allows the public adjuster's fee to be collected when money is due from an insurance company, but not paid, or that allows a public adjuster to collect the entire fee from the first check issued by an insurance company, rather than as a percentage of each check issued by an insurance company.
(b) Requires the insured to authorize an insurance company to issue a check only in the name of the public adjuster.
(c) Imposes late fees or collection costs on the insured.
III. Prior to the signing of the contract the public adjuster shall provide the insured with a separate disclosure document that states:
(a) The insured is not required to hire a public adjuster.
(b) The insured has the right to communicate directly with the insured's attorney, the insurer, the insurer's adjuster, and the insurer's attorney, or any other person regarding the settlement of the insured's claim.
(c) The public adjuster is not a representative or employee of the insurer.
(d) The salary, fee, commission, or other consideration is to be paid by the insured, not by the insurer.
(e) Complete identification as to the means by which the public adjuster satisfied RSA 402-D:11.
IV. The contracts shall be executed in triplicate to provide an original contract to the public adjuster, the insurer, and the insured. The public adjuster's original contract shall be available at all times for inspection without notice by the commissioner.
V. The public adjuster shall give the insured written notice of the insured's rights, as follows:
(a) The insured has the right to rescind the contract within 3 working days after the date the contract was signed.
(b) If the insured exercises the right to rescind the contract, the rescission must be in writing and mailed or delivered to the public adjuster at the address in the contract.
(c) If the insured exercises the right to rescind the contract, anything of value given by the insured under the contract will be returned to the insured within 15 business days following the receipt by the public adjuster of the cancellation notice.
VI. After the time to rescind has elapsed and within 6 working days after the date the contract is signed, the public adjuster shall give written notice to the insurer, its adjuster, or its attorney that the public adjuster has entered into a written contract with the insured.
Source. 2006, 9:1. 2012, 100:2, eff. July 28, 2012.