New Hampshire Revised Statutes 402-D:13 – Contract Between Public Adjuster and Insured
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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 N.H. Rev. Stat. § 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 N.H. Rev. Stat. § 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.
(a) Title of “Public Adjuster Contract.”
Terms Used In New Hampshire Revised Statutes 402-D:13
- Contract: A legal written agreement that becomes binding when signed.
- following: when used by way of reference to any section of these laws, shall mean the section next preceding or following that in which such reference is made, unless some other is expressly designated. See New Hampshire Revised Statutes 21:13
- person: may extend and be applied to bodies corporate and politic as well as to individuals. See New Hampshire Revised Statutes 21:9
- Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
- state: when applied to different parts of the United States, may extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall include said district and territories. See New Hampshire Revised Statutes 21:4
(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 N.H. Rev. Stat. § 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 N.H. Rev. Stat. § 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.