FL Public Adjuster key terms
FL Public Adjuster · Get comfortable with the vocabulary.
- Public adjuster
- Related: Public adjuster license, Public adjuster contract, Fee cap for public adjusters
A person licensed by the state who, for compensation, prepares, presents, or negotiates a first-party property claim on behalf of the insured rather than the insurance company.
- Florida Department of Financial Services (DFS)
- Related: Public adjuster license, Unfair trade practice
The state agency that licenses and regulates insurance professionals, including public adjusters, handles consumer complaints, and imposes discipline for violations of the insurance code.
- Public adjuster license
- Related: Florida Department of Financial Services (DFS), Public adjuster
The credential DFS issues once an applicant meets education, fingerprint, background, and examination requirements; negotiating claims for pay without it violates state law.
- Public adjuster contract
- Related: Right of rescission, Fee cap for public adjusters
The written agreement required before an adjuster works a claim; it must state the fee, describe the services, include statutory disclosures, and explain the insured's cancellation right.
- Right of rescission
- Related: Public adjuster contract
The insured's legal right to cancel a public adjuster contract in writing within three business days after signing, without owing the adjuster any fee or penalty.
- Fee cap for public adjusters
- Related: Public adjuster, Public adjuster contract
Florida limits public adjuster compensation to 20 percent of the claim payment, dropping to 10 percent for claims that arise from a declared state of emergency.
- Actual cash value (ACV)
- Related: Replacement cost value (RCV), Depreciation
Replacement cost of the damaged property minus depreciation for age and condition; the usual measure for personal property and older buildings under many policies.
- Replacement cost value (RCV)
- Related: Actual cash value (ACV), Depreciation
The cost to repair or replace damage with new materials of comparable kind and quality with no deduction for depreciation; commonly paid in two stages.
- Deductible
- Related: Hurricane deductible
The portion of a covered loss the insured pays before policy benefits apply; it may be a flat dollar amount or a percentage of the dwelling limit for storm claims.
- Hurricane deductible
- Related: Deductible
A separate deductible, usually stated as a percentage of the dwelling limit, that applies to hurricane losses occurring during the dates the policy defines as hurricane season.
- Ordinance or law coverage
- Related: Matching
Coverage that pays added costs to rebuild to current building codes, or to demolish and replace undamaged portions required by law, which the base policy excludes.
- Matching
- Related: Ordinance or law coverage, Betterment
The principle that repaired or replaced materials should reasonably match the undamaged areas that remain; Florida requires insurers to consider matching when settling personal lines property claims.
- Additional living expenses (ALE)
Payment for the extra cost of temporary housing, meals, and similar expenses above normal living costs while a covered loss makes the home uninhabitable.
- Duty to mitigate
- Related: Water mitigation
The insured's obligation to take reasonable steps after a loss to protect property from further damage, such as tarping a roof; failing to do so can reduce the payment.
- Proof of loss
- Related: Examination under oath (EUO), Claim file documentation
A signed statement from the insured giving the date, cause, and itemized amounts of the loss, usually due within a period the policy specifies, such as 60 days.
- Examination under oath (EUO)
- Related: Proof of loss
A recorded, sworn interview of the insured conducted by the insurer under the policy's cooperation condition; an unjustified refusal can bar the claim.
- Appraisal
- Related: Proof of loss, Mediation
A policy provision for resolving disputes over the amount of loss: each side names a competent appraiser, and an umpire settles any differences between them.
- Causation
- Related: Scope of loss
The analysis of what physically caused the damage, such as wind versus rising water, which determines the applicable policy, exclusions, and deductible.
- Scope of loss
- Related: Proof of loss, Overhead and profit (O&P)
An itemized written description of the damage found and the repairs or replacement required, forming the basis for the estimate and for negotiation with the insurer.
- Claim file documentation
- Related: Scope of loss
The adjuster's organized record of inspections, photographs, measurements, correspondence, and reasoning; it is the primary evidence if the claim is disputed or audited.
- Mediation
- Related: Appraisal
A voluntary process offered through the state in which a neutral mediator helps an insured and an insurer resolve a disputed residential property claim without going to court.
- Prompt pay rule
- Related: Proof of loss
Florida's requirement that an insurer pay or deny a property claim generally within 90 days after receiving notice of the claim or proof of loss, subject to statutory exceptions.
- Depreciation
- Related: Actual cash value (ACV), Replacement cost value (RCV)
The amount subtracted from replacement cost to reflect an item's age, wear, and remaining useful life; it is what converts replacement cost into actual cash value.
- Betterment
- Related: Depreciation, Matching
An improvement that leaves the property in better condition than before the loss; insurers generally do not owe it, so adjusters must separate it from covered repair costs.
- Overhead and profit (O&P)
- Related: Scope of loss
A contractor's indirect business costs plus profit, added to an estimate; insurers typically owe O&P when the job requires several trades and a general contractor.
- Roofing square
- Related: Flashing
A unit of roof area equal to 100 square feet; roofing materials, labor, and pricing are commonly quoted per square.
- Flashing
- Related: Roofing square
Metal or membrane material installed at roof valleys, walls, and penetrations to keep water out of seams; damaged flashing is a frequent cause of interior leaks.
- Water mitigation
- Related: Water damage category, Duty to mitigate
Emergency extraction, drying, and dehumidification performed soon after a water loss to stop secondary damage, documented with moisture readings and daily monitoring logs.
- Water damage category
- Related: Water mitigation
A classification of water by contamination level, from clean water through gray and black water, that determines which materials may be dried and which must be removed.
- Fiduciary duty
- Related: Conflict of interest
The adjuster's obligation to put the insured's interests first, handle claim funds honestly, and avoid using the professional relationship for personal gain.
- Unfair trade practice
- Related: Unfair claim settlement practices, Misrepresentation
An act the insurance code defines as deceptive or improper, such as misrepresentation, coercion, or unfair claim settlement, subject to fines and license discipline.
- Unfair claim settlement practices
- Related: Unfair trade practice, Bad faith
Specific conduct such as misstating policy terms, failing to investigate promptly, or offering far less than the claim is worth; regulators may investigate and penalize it.
- Misrepresentation
- Related: Unfair trade practice, Bad faith
A false or misleading statement about coverage, the damage, or the adjuster's authority; it is a ground for discipline and can amount to insurance fraud.
- Conflict of interest
- Related: Fiduciary duty, Fee splitting
A situation in which the adjuster's financial or personal interests, such as close ties to a repair contractor, could improperly influence the advice given to the insured.
- Fee splitting
- Related: Conflict of interest
Dividing or giving away part of a public adjuster fee to a person who referred the claim, such as a contractor or unlicensed solicitor; Florida treats this as an unlawful inducement.
- Solicitation restrictions
- Related: Unfair trade practice
Limits on how adjusters may seek business, including no solicitation between 6 p.m. and 8 a.m. and restrictions on approaching claimants immediately after a loss or during a declared emergency.
- Bad faith
- Related: Unfair claim settlement practices
An insurer's failure to handle a claim fairly and promptly, exposing it to damages beyond the policy limits; adjusters should document the facts that support reasonable handling.