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Question 1Florida Insurance Statutes, Rules and Licensing Requirements
Which Florida license authorizes a person to represent an insured in negotiating a property insurance claim for compensation?
- Surplus lines agent license
- Company adjuster license
- Public adjuster license Correct answer.
- General lines agent license
Explanation
Florida requires a public adjuster license for a person who, for compensation, prepares, files, or negotiates a claim on behalf of an insured. Company adjusters represent insurers, while agents sell insurance and surplus lines agents place nonadmitted coverage.
Question 2Florida Insurance Statutes, Rules and Licensing Requirements
A Florida public adjuster represents which party in an insurance claim?
- The insurer
- The Department of Financial Services
- The insured Correct answer.
- The mortgagee
Explanation
A public adjuster is retained by and represents the insured in preparing and negotiating the claim. The insurer is represented by its own company or independent adjuster, and the Department is the regulator, not a party to the claim.
Question 3Florida Insurance Statutes, Rules and Licensing Requirements
Before performing adjusting services for an insured, a public adjuster must have a contract that is:
- Filed with the Office of Insurance Regulation
- Written and signed by the insured Correct answer.
- Approved in advance by the insurer
- Oral and confirmed by email
Explanation
Florida law requires a written public adjuster contract signed by the insured and the public adjuster. The contract does not require insurer approval or filing with the Office of Insurance Regulation.
Question 4Florida Insurance Statutes, Rules and Licensing Requirements
What is the required surety bond amount for a Florida public adjuster license?
- $10,000
- $5,000
- $25,000
- $50,000 Correct answer.
Explanation
An applicant for a Florida public adjuster license must file a $50,000 surety bond with the Department of Financial Services. The bond must be maintained while the license is in force.
Question 5Florida Insurance Statutes, Rules and Licensing Requirements
How long does an insured have to rescind a public adjuster contract after signing it?
- Ten calendar days
- Five business days
- Three business days Correct answer.
- One business day
Explanation
The insured may rescind a public adjuster contract within three business days after signing by giving written notice. This right must be disclosed in the contract.
Question 6Florida Insurance Statutes, Rules and Licensing Requirements
Absent a declared state of emergency, a Florida public adjuster's fee may not exceed what percentage of the claim payments made by the insurer?
- 20 percent Correct answer.
- 15 percent
- 25 percent
- 10 percent
Explanation
The general statutory cap is 20 percent of the claim payments made by the insurer, exclusive of attorney fees. A lower 10 percent cap applies to claims arising from a declared state of emergency.
Question 7Florida Insurance Statutes, Rules and Licensing Requirements
Which state agency licenses and regulates Florida public adjusters?
- Florida Department of Financial Services Correct answer.
- Department of Revenue
- Department of Business and Professional Regulation
- Florida Office of Insurance Regulation
Explanation
The Florida Department of Financial Services licenses insurance agents and adjusters through its Division of Insurance Agent and Agency Services. The Office of Insurance Regulation primarily regulates insurers and insurance products.
Question 8Florida Insurance Statutes, Rules and Licensing Requirements
A public adjuster contract must state that the public adjuster is paid by:
- The Department
- The insurer
- The insured Correct answer.
- The mortgage company
Explanation
The contract must make clear that the public adjuster is compensated by the insured, not by the insurer. This disclosure helps the insured understand who bears the cost of the public adjuster's services.
Question 9Florida Insurance Statutes, Rules and Licensing Requirements
For a claim arising from a declared state of emergency, what is the maximum percentage a public adjuster may charge of the claim payments made by the insurer?
- 10 percent Correct answer.
- 25 percent
- 20 percent
- 15 percent
Explanation
Florida imposes a 10 percent cap on public adjuster fees for claims arising from a declared state of emergency. The 20 percent cap applies to claims not arising from a declared emergency.
Question 10Florida Insurance Statutes, Rules and Licensing Requirements
A public adjuster is prohibited from doing which of the following with respect to the claim being adjusted?
- Reviewing the insured's policy
- Preparing a repair estimate
- Acquiring an interest in the claim or the damaged property Correct answer.
- Photographing the damaged property
Explanation
A public adjuster may not acquire an interest in the claim or in the property that is the subject of the claim. Photographing damage, reviewing the policy, and preparing estimates are ordinary claim-handling activities.
Question 11Florida Insurance Statutes, Rules and Licensing Requirements
Which item must be included in a written public adjuster contract?
- The mortgagee's approval signature
- The insurer's claim adjuster's license number
- The policy number and date of loss Correct answer.
- The public adjuster's personal tax identification number
Explanation
The contract must identify the insured, the policy number, the date of loss, the services to be provided, the fee, and the insured's rescission rights. It does not require the insurer's adjuster license number, mortgagee approval, or the adjuster's personal tax ID.
Question 12Florida Insurance Statutes, Rules and Licensing Requirements
When must the public adjuster give the insured a copy of the signed contract?
- Only if the insured requests it
- Within 30 days after the claim is paid
- After the insurer approves the contract
- At the time the contract is signed Correct answer.
Explanation
The public adjuster must provide the insured with a copy of the signed contract at the time it is signed. The insured is entitled to keep a copy of the agreement from the outset.
Question 13Florida Insurance Statutes, Rules and Licensing Requirements
How long must a Florida public adjuster keep records of claim transactions?
- At least 1 year
- At least 10 years
- At least 5 years Correct answer.
- At least 2 years
Explanation
Florida law requires a public adjuster to maintain complete records of all transactions for at least five years. These records support accountability and regulatory review.
Question 14Florida Insurance Statutes, Rules and Licensing Requirements
What continuing education is required for a Florida public adjuster each two-year license period?
- 12 hours, including 2 hours of ethics
- 24 hours, including 3 hours of ethics Correct answer.
- 40 hours, including 4 hours of ethics
- 8 hours, including 1 hour of ethics
Explanation
A Florida public adjuster must complete 24 hours of continuing education every two years, including 3 hours of ethics. The requirement must be satisfied to renew the license.
Question 15Florida Insurance Statutes, Rules and Licensing Requirements
A Florida public adjuster may not solicit a claim for:
- A loss that has not yet occurred Correct answer.
- A commercial property loss
- A residential property loss
- A loss that occurred more than one year ago
Explanation
Public adjusters are prohibited from soliciting claims for losses that have not yet occurred. Soliciting business based on future or anticipated losses is improper under Florida law.
Question 16Florida Insurance Statutes, Rules and Licensing Requirements
Representing both the insured and the insurer on the same claim is prohibited because it creates:
- A recordkeeping burden
- A bonding requirement
- A conflict of interest Correct answer.
- An advertising violation
Explanation
A public adjuster owes loyalty to the insured, while the insurer's interests are adverse in claim negotiation. Representing both sides on the same claim creates an impermissible conflict of interest.
Question 17Florida Insurance Statutes, Rules and Licensing Requirements
If an insured rescinds a public adjuster contract within the three-business-day period, the public adjuster must:
- Refund any fees collected and stop work Correct answer.
- Require the insurer to pay the fee
- Continue work until the claim is paid
- Keep a 10 percent cancellation fee
Explanation
A timely rescission cancels the contract, and the public adjuster must refund any fees collected. The public adjuster may not impose a cancellation fee or continue charging under the rescinded contract.
Question 18Florida Insurance Statutes, Rules and Licensing Requirements
A public adjuster's percentage fee is calculated on:
- The public adjuster's estimated repair cost
- The claim payments made by the insurer Correct answer.
- The policy limit
- The insured's mortgage balance
Explanation
The statutory fee cap is based on the claim payments made by the insurer, not on the policy limit or the adjuster's estimate. This prevents fees from being calculated on amounts the insurer never pays.
Question 19Florida Insurance Statutes, Rules and Licensing Requirements
Which statement is correct about charging a fee before a written public adjuster contract is signed?
- The fee is allowed if the insured orally agrees
- No fee may be charged for services before the contract is signed Correct answer.
- The fee is allowed if the insurer approves
- The fee is allowed if it is under 10 percent
Explanation
A written contract signed by the insured is required before the public adjuster performs services, so no fee may be charged for pre-contract services. Oral agreement, insurer approval, or a lower percentage does not cure the missing contract.
Question 20Florida Insurance Statutes, Rules and Licensing Requirements
A Florida public adjuster's surety bond must be maintained:
- At all times while the license is in force Correct answer.
- Only when the insurer requests it
- Only during hurricane season
- Only for the first year after licensing
Explanation
The $50,000 surety bond must remain in force throughout the period the public adjuster license is active. A lapsed bond can jeopardize the license.
Question 21Florida Insurance Statutes, Rules and Licensing Requirements
An insured's claim from a declared state of emergency results in insurer claim payments of $80,000. What is the maximum public adjuster fee?
- $16,000
- $10,000
- $8,000 Correct answer.
- $20,000
Explanation
For a claim arising from a declared state of emergency, the fee is capped at 10 percent of claim payments. Ten percent of $80,000 is $8,000.
Question 22Florida Insurance Statutes, Rules and Licensing Requirements
A water mitigation contractor gives a public adjuster a $5,000 gift card after the adjuster refers the insured's mitigation work. Under Florida law, the public adjuster:
- May accept it only after the claim is paid
- May not accept it because referral compensation is prohibited Correct answer.
- May accept it if disclosed to the insured
- May accept it if it is under 5 percent of the claim
Explanation
A public adjuster may not pay or receive compensation for referring a claim, and accepting contractor compensation for a referral violates that prohibition. Disclosure, a percentage threshold, or delayed payment does not make the arrangement lawful.
Question 23Florida Insurance Statutes, Rules and Licensing Requirements
A public adjuster agrees to represent an insured on a fire loss and also accepts an assignment from the insurer to inspect the same loss as an independent adjuster. This arrangement is:
- Permitted if the insured consents in writing
- Prohibited because it creates a conflict of interest Correct answer.
- Permitted if the insurer pays a separate fee
- Permitted because the roles involve different tasks
Explanation
A public adjuster cannot serve the insured and the insurer on the same claim because the parties have opposing interests. Separate compensation, insured consent, or different assigned tasks do not eliminate the conflict.
Question 24Florida Insurance Statutes, Rules and Licensing Requirements
An insurer pays $120,000 on a claim, and the policy limit is $300,000. A public adjuster charges 20 percent of the policy limit. What is the maximum lawful fee?
- $60,000
- $24,000 Correct answer.
- $36,000
- $48,000
Explanation
The fee is based on the claim payments made by the insurer, not the policy limit. Twenty percent of $120,000 is $24,000.
Question 25Florida Insurance Statutes, Rules and Licensing Requirements
A public adjuster contract omits the required statement of the insured's right to rescind. The contract is:
- Valid if the insurer accepts it
- Valid but subject to a fine only
- Void Correct answer.
- Valid if the adjuster explains the right orally
Explanation
Florida law requires the contract to contain the rescission notice and other mandatory terms, and a contract that does not comply is void. Insurer acceptance, an oral explanation, or a fine alone does not make the noncompliant contract enforceable.
Question 26Florida Insurance Statutes, Rules and Licensing Requirements
A Florida public adjuster who is retained on a property damage claim represents which party?
- The mortgagee named on the policy.
- The insurer that issued the policy.
- The insured who retained the adjuster. Correct answer.
- The Department of Financial Services.
Explanation
A public adjuster is a person who, for compensation, prepares, files, or negotiates a first-party claim on behalf of the insured. The adjuster's client and principal is therefore the insured who hires and pays the adjuster.
Question 27Florida Insurance Statutes, Rules and Licensing Requirements
Under Florida law, a public adjuster may not solicit business at an insured's residence outside which hours?
- 6 a.m. to 6 p.m.
- 8 a.m. to 8 p.m. Correct answer.
- 7 a.m. to 7 p.m.
- 9 a.m. to 5 p.m.
Explanation
Florida law prohibits a public adjuster from soliciting business before 8 a.m. or after 8 p.m. Contacts made outside that window are unlawful even if the insured appears willing to talk.
Question 28Florida Insurance Statutes, Rules and Licensing Requirements
A Florida public adjuster license is issued for what term before it must be renewed?
- Four years.
- Three years.
- Two years. Correct answer.
- One year.
Explanation
Adjuster licenses in Florida, including public adjuster licenses, are biennial and must be renewed every two years. Renewal is tied to completion of the continuing education required for that two-year period.
Question 29Florida Insurance Statutes, Rules and Licensing Requirements
What is the minimum age for an individual to be licensed as a public adjuster in Florida?
- 16 years of age.
- 18 years of age. Correct answer.
- 25 years of age.
- 21 years of age.
Explanation
An applicant for a Florida adjuster license must be at least 18 years of age, in addition to meeting examination, education, and background requirements. Age alone does not qualify a person; the other licensing criteria must also be satisfied.
Question 30Florida Insurance Statutes, Rules and Licensing Requirements
Which of the following is required of an applicant for an initial Florida public adjuster license?
- Membership in a national adjuster association.
- Passing the state licensing examination. Correct answer.
- Prior experience as a company adjuster.
- Sponsorship by an authorized insurer.
Explanation
Applicants for a Florida public adjuster license must pass the required licensing examination, which tests knowledge of adjuster practices and Florida insurance law. Association membership, insurer sponsorship, and prior company-adjuster experience are not licensing prerequisites.
Question 31Florida Insurance Statutes, Rules and Licensing Requirements
A business entity that employs public adjusters to adjust Florida claims must do which of the following?
- Be owned by a licensed insurance agent.
- Have each customer sign a waiver of licensing.
- Register only with the Secretary of State.
- Hold a public adjusting firm license. Correct answer.
Explanation
A business entity that provides public adjusting services must be licensed by the Department as a public adjusting firm, and the individuals who actually adjust claims must each hold a public adjuster license. Corporate registration alone does not authorize adjusting activity.
Question 32Florida Insurance Statutes, Rules and Licensing Requirements
A Florida public adjuster apprentice may adjust claims under which circumstances?
- Only if the apprentice also holds a contractor license.
- Without supervision once the apprentice has 30 days of experience.
- Only on commercial property claims.
- Under the supervision of a licensed public adjuster. Correct answer.
Explanation
The apprentice license allows a person to gain experience by adjusting claims while supervised by a licensed public adjuster. It does not authorize unsupervised adjusting or independent contracting with insureds.
Question 33Florida Insurance Statutes, Rules and Licensing Requirements
A homeowner asks a friend who holds no adjuster license to negotiate the amount of a fire claim with the insurer for a $1,000 fee. Under Florida law, the friend:
- May negotiate, because the homeowner consents.
- Is adjusting without a required license. Correct answer.
- May negotiate, because a single claim needs no license.
- May negotiate, because the fee is below the 20 percent cap.
Explanation
A person who, for compensation, negotiates a first-party claim on behalf of an insured is acting as a public adjuster and must be licensed. The size of the fee, the number of claims, and the insured's consent do not remove the licensing requirement.
Question 34Florida Insurance Statutes, Rules and Licensing Requirements
Which of the following is a ground for disciplinary action against a Florida public adjuster license?
- Misappropriating claim funds entrusted to the adjuster. Correct answer.
- Advising an insured of the right to rescind the contract.
- Declining a claim the adjuster lacks capacity to handle.
- Charging a 10 percent fee on a claim arising from a declared emergency.
Explanation
Misappropriation of funds belonging to an insured is a classic ground for suspension or revocation because it involves dishonesty and breach of the adjuster's fiduciary handling of claim money. Charging within the statutory emergency cap and informing the insured of the rescission right are lawful acts.
Question 35Florida Insurance Statutes, Rules and Licensing Requirements
An insured and a public adjuster reach a purely oral agreement that the adjuster will handle the claim for a percentage of the settlement. That agreement is:
- Unenforceable, because the contract must be written. Correct answer.
- Enforceable as an implied-in-fact agreement.
- Enforceable if the insured later confirms it orally.
- Enforceable if the fee is under 20 percent.
Explanation
Florida requires public adjuster contracts to be in writing and signed, with specified disclosures, before the adjuster may charge a fee. An oral arrangement therefore cannot support a claim for compensation.
Question 36Florida Insurance Statutes, Rules and Licensing Requirements
What is the amount of the surety bond a Florida public adjuster must maintain?
- $10,000
- $50,000 Correct answer.
- $100,000
- $25,000
Explanation
Florida requires a public adjuster to file and keep in force a $50,000 surety bond as a condition of licensure, giving the public a source of recovery for certain misconduct. Loss of the bond disqualifies the adjuster from continuing to act.
Question 37Florida Insurance Statutes, Rules and Licensing Requirements
A public adjuster's license has been suspended by the Department, but the adjuster's firm wants to keep the adjuster working pending claims. Which statement is correct?
- The suspension bars only new solicitations, not claim work.
- The adjuster may continue if the firm supervises the work.
- The firm may not let the adjuster adjust any claims. Correct answer.
- The firm may keep the adjuster on claims already under contract.
Explanation
A suspension removes the adjuster's authority to act as a public adjuster, and a licensed firm may not permit an unlicensed or suspended person to adjust claims on its behalf. Allowing the suspended adjuster to keep working exposes both the adjuster and the firm to discipline.
Question 38Florida Insurance Statutes, Rules and Licensing Requirements
A public adjuster licensed only in Georgia wants to charge a Florida homeowner a fee for adjusting a hurricane claim in Florida. To do so lawfully, the adjuster must first:
- Obtain a Florida public adjuster license first. Correct answer.
- Obtain a Florida all-lines adjuster license only.
- Rely on the Georgia license, because adjusters may work nationwide.
- Register with the insurer within 10 days after starting work.
Explanation
Anyone who acts as a public adjuster on a Florida claim must hold a Florida public adjuster license; a nonresident may qualify for a nonresident public adjuster license but must still be licensed in Florida. A license from another state, standing alone, authorizes no Florida adjusting activity.
Question 39Florida Insurance Statutes, Rules and Licensing Requirements
Absent a declared state of emergency, a public adjuster charges the statutory maximum percentage of the claim payment and also bills the insured a separate document preparation fee. Under Florida law, the total:
- Is allowed if the insured agrees to it in writing.
- May not exceed the statutory maximum percentage. Correct answer.
- Is allowed because document fees are not compensation.
- Is capped only when the claim exceeds $100,000.
Explanation
The statutory cap applies to any compensation, payment, commission, fee, or other thing of value the adjuster receives for adjusting the claim. Relabeling part of the charge as an expense or document fee does not move it outside the cap.
Question 40Florida Insurance Statutes, Rules and Licensing Requirements
As part of an application for a Florida public adjuster license, the applicant must:
- Provide fingerprints for a criminal history check. Correct answer.
- Submit a letter of recommendation from an insurer.
- Complete a one-year apprenticeship before licensure.
- Post a $1,000 cash deposit with the Department.
Explanation
Adjuster license applicants in Florida must be fingerprinted so the Department can review their criminal history before issuing a license. A cash deposit, an insurer recommendation, and a mandatory apprenticeship are not part of the public adjuster application requirements.
Question 41Insurance Principles and Policy Coverages
The principle of indemnity in property insurance is best described as:
- Restoring the insured to the pre-loss financial position, no better Correct answer.
- Setting payment amounts by the insured's emotional distress after a loss
- Allowing the insured to profit when a loss destroys outdated property
- Paying the full face amount of the policy whenever any covered loss occurs
Explanation
Indemnity means the insured is made whole financially, never placed in a better position than before the loss. It is why actual cash value, repair cost, and policy limits constrain recovery. Profiting from a loss would defeat the principle and invite moral hazard.
Question 42Insurance Principles and Policy Coverages
In property insurance, insurable interest must exist:
- Only at the time the policy application is signed
- At the time of the loss Correct answer.
- At the time the agent first solicits the account
- Only when the policy is renewed each year
Explanation
Property coverage requires the insured to have a financial stake in the property at the moment of loss, because indemnity can only flow to someone who actually suffers a loss. A policy can be issued before the interest exists, but recovery depends on it existing when the damage occurs.
Question 43Insurance Principles and Policy Coverages
Which information appears on the declarations page of a homeowners policy?
- The insurer's reinsurance treaties and investment holdings
- The full text of each exclusion and the cancellation provisions
- A list of the agent's other clients and their loss histories
- The named insured, property address, policy period, and limits Correct answer.
Explanation
The declarations page personalizes the policy, identifying who is insured, what location is covered, when coverage runs, and the dollar limits and deductibles that apply. The remaining policy sections supply the insuring agreement, conditions, and exclusions.
Question 44Insurance Principles and Policy Coverages
A replacement cost settlement of a covered loss pays:
- The market value set by a real estate appraisal
- The depreciated value of the property at the time of loss
- The original purchase price of the damaged property
- The cost to repair or replace with new property of like kind and quality Correct answer.
Explanation
Replacement cost ignores depreciation and measures the loss by what it costs today to repair or replace the damaged property with new material of comparable quality. Many policies cap the replacement cost payout at a percentage of the Coverage A limit unless the home is actually rebuilt.
Question 45Insurance Principles and Policy Coverages
A deductible in a property insurance policy serves to:
- Eliminate the insurer's duty to investigate small claims
- Increase the premium in exchange for broader coverage
- Reduce the policy limit by the amount of every prior claim
- Shift a stated amount of each loss to the insured Correct answer.
Explanation
The deductible is the portion of a covered loss the insured absorbs before the insurer pays, which reduces premiums and discourages small claims. It is subtracted from the loss payment and does not reduce the policy limit.
Question 46Insurance Principles and Policy Coverages
Damage from rising surface water, such as a flood, is typically covered by:
- The homeowners policy's Coverage C personal property limit
- The homeowners policy's Coverage A dwelling limit
- The liability section of a personal umbrella policy
- A separate flood policy, such as one issued through the NFIP Correct answer.
Explanation
Homeowners forms exclude water damage from flooding, surface water, and waves, so flood losses require a separate flood policy or endorsement. The National Flood Insurance Program and private flood carriers write that coverage.
Question 47Insurance Principles and Policy Coverages
Coverage D (loss of use) in a homeowners policy pays for:
- Permanent replacement of furniture destroyed by a covered peril
- Legal defense costs when the insured is sued for bodily injury
- Repairs to a detached garage rented to a tenant
- Extra living costs while the home is uninhabitable after a covered loss Correct answer.
Explanation
Loss of use responds to the increase in living expenses, such as temporary rent and meals, that results when a covered peril makes the residence premises unfit to live in. It can also cover fair rental value when a rented portion of the premises is made uninhabitable.
Question 48Insurance Principles and Policy Coverages
When a mortgagee is named in a property policy, the mortgagee:
- Becomes the only party entitled to receive any claim payment
- Must pay a separate premium for the coverage
- Assumes the insured's duties to maintain the property
- Is entitled to receive loss payments to the extent of its interest Correct answer.
Explanation
The mortgage clause protects the lender's security interest, so loss payments go first to the mortgagee up to the unpaid balance with the remainder to the insured. The mortgagee also receives notice of cancellation or nonrenewal and may pay premium to keep coverage in force.
Question 49Insurance Principles and Policy Coverages
A commercial building policy carries an 80% coinsurance clause and a $400,000 limit on a building worth $800,000. A covered loss of $100,000 occurs and no deductible applies. How much does the insurer pay?
- $50,000
- $100,000
- $62,500 Correct answer.
- $80,000
Explanation
The required limit is 80% of $800,000, or $640,000. The insured carried $400,000, so the payment ratio is 400,000 divided by 640,000, or 0.625, applied to the $100,000 loss for a payment of $62,500.
Question 50Insurance Principles and Policy Coverages
A sworn proof of loss submitted in support of a property claim is:
- A signed, documented statement of the amount the insured claims Correct answer.
- A transfer of ownership of the damaged property to the insurer
- A substitute for the policy's appraisal provision
- An automatic waiver of the insurer's right to inspect the damage
Explanation
The proof of loss is a formal, signed statement giving the insurer the amount claimed, the time and cause of loss, and supporting documentation such as inventories and estimates. It is one of the insured's post-loss duties, and the insurer may still investigate and inspect after receiving it.