IL Public Adjuster key terms
IL Public Adjuster · Get comfortable with the vocabulary.
- Public Adjuster
- Related: Public Adjuster License, Fiduciary Duty to the Insured, First-Party Claim
A person who, for compensation, prepares, presents, or negotiates an insured's property damage claim against the insured's own insurer. Illinois requires anyone acting in this role to hold a state license.
- Illinois Department of Insurance (IDOI)
- Related: Public Adjuster License, License Discipline
The state agency that licenses insurers, producers, and public adjusters in Illinois, reviews market conduct, handles consumer complaints, and enforces the Insurance Code through investigations and disciplinary action.
- Public Adjuster License
- Related: Unlicensed Practice, Continuing Education Requirement, Illinois Department of Insurance (IDOI)
The credential issued by the Illinois Department of Insurance that authorizes a person to solicit, negotiate, or settle claims for insureds for compensation. It must be obtained before any such activity and renewed to remain valid.
- Written Contract Requirement
- Related: Contingency Fee, Right to Cancel (Rescission), Public Adjuster License
Illinois requires public adjusters to obtain a signed written agreement with the insured before performing services; the contract must identify the parties, describe the services, and disclose how compensation is calculated.
- Right to Cancel (Rescission)
- Related: Written Contract Requirement, Contingency Fee
The insured's statutory right to end a public adjuster contract by written notice within a set period after signing. Any fee or consideration already paid must be returned as the law requires.
- Contingency Fee
- Related: Written Contract Requirement, Right to Cancel (Rescission)
Compensation set as an agreed percentage of the settlement recovered, so no fee is owed unless the claim pays. The rate and the calculation method must be spelled out in the written contract.
- Unlicensed Practice
- Related: Public Adjuster License, License Discipline
Performing public adjusting services, or holding oneself out as a licensed public adjuster, without a valid Illinois license. It violates state law and can lead to fines, denial of a license, or criminal penalties.
- Continuing Education Requirement
- Related: Public Adjuster License
Approved course hours a licensed public adjuster must complete during each license term as a condition of renewal, covering topics such as ethics, coverage, and claim handling practices.
- License Discipline
- Related: Illinois Department of Insurance (IDOI), Unlicensed Practice
Sanctions the Department may impose on a licensee who violates the Insurance Code or Department rules, including reprimand, fines, probation, suspension, or revocation of the license.
- Indemnity
- Related: Actual Cash Value, Replacement Cost, Insurable Interest
The principle that insurance should restore an insured to approximately the same financial position as before the loss, without profit or penalty. It is why payments reflect actual loss rather than the policy limit.
- Insurable Interest
- Related: Indemnity
A financial stake in the property insured such that the insured would suffer genuine economic loss if it were damaged. It must exist at the time of loss for property coverage to respond.
- Utmost Good Faith
- Related: Material Misrepresentation
The mutual duty of insurer and insured to deal honestly and to disclose material facts. A breach of this duty, such as concealing important information, can affect coverage or void the policy.
- Material Misrepresentation
- Related: Utmost Good Faith
A false statement of fact that would have affected the insurer's decision to issue coverage or the terms it charged. If material, it may allow the insurer to rescind the policy or deny a claim.
- Subrogation
- Related: Indemnity
An insurer's right, after paying a claim, to step into the insured's shoes and recover the amount paid from the party who caused the loss, preventing the insured from recovering twice.
- Proximate Cause
- Related: Peril, Hazard
The dominant and efficient cause that sets in motion an unbroken sequence of events producing a loss. It is used to decide whether a loss arose from a covered peril or an excluded one.
- Peril
- Related: Hazard, Proximate Cause
The actual event or cause of damage, such as fire, windstorm, theft, or vandalism. Policies either list covered perils by name or insure against risks of direct physical loss.
- Hazard
- Related: Peril, Proximate Cause
A condition that increases the likelihood or severity of a loss. Physical hazards are tangible conditions, moral hazards involve dishonesty, and morale hazards involve carelessness or indifference.
- Actual Cash Value
- Related: Replacement Cost, Indemnity
A property valuation method that measures loss as replacement cost minus depreciation. It reflects what the damaged item was worth in the marketplace just before the loss.
- Replacement Cost
- Related: Actual Cash Value, Indemnity
A valuation method that pays to repair or replace damaged property with new property of comparable kind and quality, with no deduction for depreciation, usually up to the policy limit.
- Coverage A - Dwelling
- Related: Coverage C - Personal Property, Mortgagee Clause
The homeowners policy section insuring the residence building itself, including attached structures such as an attached garage, for the limit shown on the declarations page.
- Coverage C - Personal Property
- Related: Special Limits of Liability, Coverage A - Dwelling
The homeowners section covering household contents and personal belongings, both at and away from the residence, subject to special sub-limits for categories such as jewelry, cash, and silverware.
- Loss of Use / Additional Living Expenses
- Related: Coverage A - Dwelling, Coverage C - Personal Property
Homeowners coverage that pays the extra cost of temporary housing and meals when a covered loss makes the home unfit to live in, and may also cover lost fair rental income.
- Special Limits of Liability
- Related: Coverage C - Personal Property
Internal caps in a homeowners policy that restrict payment for particular types of personal property, such as money, securities, jewelry, or firearms, regardless of the total Coverage C limit.
- Coinsurance Clause
- Related: Actual Cash Value, Indemnity
A property provision requiring the insured to carry insurance equal to a stated share of the property's value; if coverage falls short at the time of loss, payment is reduced proportionally.
- Mortgagee Clause
- Related: Coverage A - Dwelling
Policy wording that protects a lender's interest in insured property: the lender is entitled to loss payments up to its interest and to notice if the policy is cancelled or materially changed.
- Business Income Coverage
- Related: Ordinance or Law Coverage
Commercial coverage that replaces net income lost and continuing expenses during the period a business is shut down by covered property damage, often paired with extra expense coverage.
- Ordinance or Law Coverage
- Related: Business Income Coverage
Coverage for the extra cost of rebuilding to current building codes, or for demolishing undamaged portions. Unendorsed property forms exclude these increased costs.
- Flood
- Related: Peril
Rising surface water, mudflow, or overflow of a body of water. Standard homeowners and commercial property policies exclude flood; coverage comes from the National Flood Insurance Program or private flood insurers.
- Liability Coverage
- Related: Duty to Defend, First-Party Claim
Coverage that pays amounts the insured becomes legally obligated to pay for bodily injury or property damage to others, and that normally includes the insurer's duty to defend the insured.
- First-Party Claim
- Related: Public Adjuster, Liability Coverage, Proof of Loss
A claim by an insured against their own insurer for their own loss or damage, as distinguished from a liability claim made by someone the insured allegedly injured.
- Proof of Loss
- Related: Examination Under Oath, First-Party Claim
A formal statement, often sworn, in which the insured itemizes the amount and cause of loss and supplies supporting records. Policies typically set a deadline for submitting it.
- Examination Under Oath
- Related: Proof of Loss
A policy condition permitting the insurer to question the insured under oath about a claim, with a court reporter present; an unjustified refusal can support denial of coverage.
- Reservation of Rights
- Related: Duty to Defend, Appraisal Provision
A written notice that the insurer will handle or defend a claim while coverage questions remain unresolved, preserving the insurer's ability to deny coverage later.
- Appraisal Provision
- Related: Proof of Loss, Reservation of Rights
A policy clause allowing either party to demand an independent determination when they disagree only about the amount of loss; each side selects an appraiser and an umpire resolves differences.
- Duty to Defend
- Related: Liability Coverage, Reservation of Rights
The insurer's obligation to provide and pay for a lawyer to defend the insured against a liability claim. It is broader than the duty to pay damages and can apply when coverage is doubtful.
- Bad Faith / Section 155 Remedy
- Related: Unfair Claims Settlement Practices
An insurer's unreasonable delay or refusal to pay a valid claim. Illinois Insurance Code Section 155 allows a court to award interest, attorney fees, costs, and other amounts for vexatious conduct.
- Unfair Claims Settlement Practices
- Related: Bad Faith / Section 155 Remedy
Prohibited claim-handling conduct, such as misrepresenting policy provisions, failing to investigate promptly, or delaying payment without reason, governed by Illinois statutes and Department regulations.
- Fiduciary Duty to the Insured
- Related: Conflict of Interest, Public Adjuster
The public adjuster's obligation to put the client's interests first, handle client funds properly, and avoid self-dealing. The adjuster represents the insured, never the insurer.
- Conflict of Interest
- Related: Fiduciary Duty to the Insured
A situation in which the adjuster's financial or personal interests could bias the advice given to a client, such as a hidden ownership stake in a repair contractor or an undisclosed referral arrangement.