GA Public Adjuster cheat sheet

Georgia public adjusters are licensed by the Commissioner of Insurance under O.C.G.A. Title 33, Chapter 23; a public adjuster license is a separate license class from agent, broker, or counselor licenses.

Applicants must be at least 18, be trustworthy and competent, complete the required prelicensing education, pass the public adjuster examination, and submit a fingerprint-based criminal history check with the application and fee.

A public adjuster license is issued for a two-year term and expires on the last day of the licensee's birth month; renewal requires continuing education and a renewal fee before expiration.

Continuing education for public adjusters in Georgia totals 24 credit hours per two-year license term, including at least 3 hours of ethics; courses must be approved by the Department.

A public adjuster may not be licensed as a company or independent adjuster representing insurers at the same time; the license authorizes representation of the insured only.

A nonresident public adjuster must hold a like license in the home state or qualify under reciprocity; Georgia requires a home-state certification or the nonresident application with the Georgia examination where no reciprocal license exists.

Grounds for discipline include misrepresentation, fraudulent claims, rebating, commingling of claim funds, failure to remit claim proceeds to the insured, and conviction of a felony involving dishonesty.

The Commissioner may impose a fine, suspension, revocation, or probation after notice and hearing; the licensee may appeal an adverse order to the superior court of the county of residence.

Indemnity restores the insured to the pre-loss financial position, no better and no worse; the measure is the lesser of the policy limit or the actual loss, subject to coinsurance and deductibles.

Insurable interest must exist at the time of loss for property insurance; for life insurance it must exist at inception. A public adjuster verifies the insured's ownership or other interest before negotiating.

Replacement cost pays the cost to repair or replace with new property of like kind and quality; actual cash value equals replacement cost minus depreciation. Most policies pay ACV first and hold back recoverable depreciation until replacement is completed.

Coinsurance is a percentage-of-value requirement; the payment formula is (limit carried / limit required) x loss, capped at the policy limit. A policy with an 80% coinsurance clause on a $1,000,000 building requires $800,000 of coverage.

A deductible is subtracted from the loss before applying coinsurance or policy limits; some policies apply a separate percentage wind/hail deductible calculated on the dwelling limit rather than the loss amount.

Coverage A applies to the dwelling, Coverage B to other structures, Coverage C to personal property, and Coverage D to loss of use; standard HO forms cap Coverage C at a percentage of Coverage A and impose special sublimits on jewelry, cash, and silverware.

Business income coverage pays net income loss plus continuing operating expenses during the period of restoration; extra expense pays costs to avoid or minimize business interruption.

Georgia requires the standard fire policy provisions as a baseline for property coverage; the policy must state the covered perils, exclusions, duties after loss, and the appraisal and suit-limitation provisions.

The public adjuster's first steps are to secure the loss site, document conditions, photograph damage, obtain a copy of the policy, and give the insurer prompt notice of loss in writing.

The proof of loss is a sworn statement of the amount claimed with supporting documentation; the policy sets the deadline, commonly 60 days after the insurer's request, and the insurer may not waive the requirement lightly.

Duties after loss include protecting property from further damage, keeping accurate records, cooperating with the investigation, submitting to examination under oath if required, and providing requested documents.

The appraisal provision resolves valuation disputes: each party selects a competent appraiser, the appraisers select an umpire, and an agreement by any two sets the amount of loss; appraisal does not decide coverage.

Damage estimating commonly uses Xactimate line items and pricing; adjusters distinguish repair versus replacement, code upgrades, general contractor overhead and profit, and debris removal costs.

Salvage and subrogation affect recovery: the insurer may take salvage after paying a total loss, and subrogation lets the insurer pursue a negligent third party while the insured's recovery is limited to the deductible and uninsured portion.

Georgia's prompt-pay framework requires the insurer to acknowledge the claim and act within statutory timeframes; unreasonably delayed or denied claims expose the insurer to bad-faith remedies under O.C.G.A. Title 33, Chapter 34.

A public adjuster's compensation is limited by statute and contract; the written contract must disclose the fee percentage or method and the insured's right to rescind within the statutory period.

A public adjuster owes a fiduciary duty to the insured; the adjuster must place the insured's interest above the adjuster's own and must not accept compensation from an insurer or contractor for the same loss.

Georgia law prohibits a public adjuster from soliciting business at the scene of a loss before the insured has been notified of the right to representation, and prohibits door-to-door solicitation during a declared emergency in designated areas.

The public adjuster contract must be in writing, signed by the insured, state the fee or percentage, and disclose the right to cancel within the statutory rescission period; a contract without the required disclosures is unenforceable.

Fee caps apply: Georgia limits a public adjuster's compensation on a claim arising from a declared state of emergency, and the adjuster may not collect a fee on amounts the insured recovers without the adjuster's assistance.

Prohibited conduct includes misrepresentation of policy terms, promising a specific settlement amount, advancing funds to the insured, and charging a fee before the claim is paid.

Unfair claim settlement practices under O.C.G.A. Title 33, Chapter 34 include misrepresenting policy provisions, failing to investigate promptly, refusing to pay without reasonable basis, and failing to explain a denial.

The insured has a right to be represented, a right to a copy of the policy, and a right to receive claim proceeds promptly; the adjuster must not commingle claim funds with personal or business funds.

Violations may be reported to the Georgia Department of Insurance, which may investigate, fine, suspend, or revoke the license; consumers may also pursue remedies under the Georgia Fair Business Practices Act for deceptive practices.

Records of each claim, including the contract, correspondence, and settlement documents, must be retained for the period required by the Department and produced on request during an examination.

Indemnity restores the insured to the pre-loss financial position, no better and no worse; the measure is the lesser of the policy limit or the actual loss, subject to coinsurance and deductibles.

Insurable interest must exist at the time of loss for property insurance; for life insurance it must exist at inception. A public adjuster verifies the insured's ownership or other interest before negotiating.

Replacement cost pays the cost to repair or replace with new property of like kind and quality; actual cash value equals replacement cost minus depreciation. Most policies pay ACV first and hold back recoverable depreciation until replacement is completed.

Coinsurance is a percentage-of-value requirement; the payment formula is (limit carried / limit required) x loss, capped at the policy limit. A policy with an 80% coinsurance clause on a $1,000,000 building requires $800,000 of coverage.

A deductible is subtracted from the loss before applying coinsurance or policy limits; some policies apply a separate percentage wind/hail deductible calculated on the dwelling limit rather than the loss amount.

Coverage A applies to the dwelling, Coverage B to other structures, Coverage C to personal property, and Coverage D to loss of use; standard HO forms cap Coverage C at a percentage of Coverage A and impose special sublimits on jewelry, cash, and silverware.

Business income coverage pays net income loss plus continuing operating expenses during the period of restoration; extra expense pays costs to avoid or minimize business interruption.

Georgia requires the standard fire policy provisions as a baseline for property coverage; the policy must state the covered perils, exclusions, duties after loss, and the appraisal and suit-limitation provisions.

The public adjuster's first steps are to secure the loss site, document conditions, photograph damage, obtain a copy of the policy, and give the insurer prompt notice of loss in writing.

The proof of loss is a sworn statement of the amount claimed with supporting documentation; the policy sets the deadline, commonly 60 days after the insurer's request, and the insurer may not waive the requirement lightly.

Duties after loss include protecting property from further damage, keeping accurate records, cooperating with the investigation, submitting to examination under oath if required, and providing requested documents.

The appraisal provision resolves valuation disputes: each party selects a competent appraiser, the appraisers select an umpire, and an agreement by any two sets the amount of loss; appraisal does not decide coverage.

Damage estimating commonly uses Xactimate line items and pricing; adjusters distinguish repair versus replacement, code upgrades, general contractor overhead and profit, and debris removal costs.

Salvage and subrogation affect recovery: the insurer may take salvage after paying a total loss, and subrogation lets the insurer pursue a negligent third party while the insured's recovery is limited to the deductible and uninsured portion.

Georgia's prompt-pay framework requires the insurer to acknowledge the claim and act within statutory timeframes; unreasonably delayed or denied claims expose the insurer to bad-faith remedies under O.C.G.A. Title 33, Chapter 34.

A public adjuster's compensation is limited by statute and contract; the written contract must disclose the fee percentage or method and the insured's right to rescind within the statutory period.

A public adjuster owes a fiduciary duty to the insured; the adjuster must place the insured's interest above the adjuster's own and must not accept compensation from an insurer or contractor for the same loss.

Georgia law prohibits a public adjuster from soliciting business at the scene of a loss before the insured has been notified of the right to representation, and prohibits door-to-door solicitation during a declared emergency in designated areas.

The public adjuster contract must be in writing, signed by the insured, state the fee or percentage, and disclose the right to cancel within the statutory rescission period; a contract without the required disclosures is unenforceable.

Fee caps apply: Georgia limits a public adjuster's compensation on a claim arising from a declared state of emergency, and the adjuster may not collect a fee on amounts the insured recovers without the adjuster's assistance.

Prohibited conduct includes misrepresentation of policy terms, promising a specific settlement amount, advancing funds to the insured, and charging a fee before the claim is paid.

Unfair claim settlement practices under O.C.G.A. Title 33, Chapter 34 include misrepresenting policy provisions, failing to investigate promptly, refusing to pay without reasonable basis, and failing to explain a denial.

The insured has a right to be represented, a right to a copy of the policy, and a right to receive claim proceeds promptly; the adjuster must not commingle claim funds with personal or business funds.

Violations may be reported to the Georgia Department of Insurance, which may investigate, fine, suspend, or revoke the license; consumers may also pursue remedies under the Georgia Fair Business Practices Act for deceptive practices.

Records of each claim, including the contract, correspondence, and settlement documents, must be retained for the period required by the Department and produced on request during an examination.