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MD Public Adjuster key terms

MD Public Adjuster · Get comfortable with the vocabulary.

Insurable interest

A financial stake in property such that the insured benefits from its continued existence and suffers measurable loss if it is destroyed. Maryland requires an insurable interest at the time of loss for a property claim.

Related: Principle of indemnity, Subrogation
Principle of indemnity

The rule that a property claim payment restores the insured to roughly the same financial position as before the loss, no better and no worse, which is why depreciation and policy limits constrain recovery.

Related: Actual cash value, Insurable interest, Betterment
Utmost good faith

The mutual duty of insured and insurer to deal honestly and disclose material facts, including conditions affecting the risk. A material misrepresentation, such as concealing a prior loss, can void coverage.

Related: Contract of adhesion, Reservation of rights
Contract of adhesion

An insurance policy drafted by the insurer and offered on a take-it-or-leave-it basis. Ambiguities in such wording are generally construed against the drafter and in favor of the insured.

Related: Exclusion, Endorsement
Subrogation

The insurer's right, after paying a claim, to pursue the party that caused the loss and recover those payments. The insured must not impair this right, for example by signing a release.

Related: Insurable interest, Salvage
Occurrence

An accident, or continuous or repeated exposure to harmful conditions, that causes injury or damage during the policy period. Liability policies key coverage to the occurrence, not to when suit is filed.

Related: Peril, Claims-made policy
Peril

The specific cause of a loss, such as fire, windstorm, theft, or vandalism. Policies insure against named perils or, in open-peril forms, all risks except those expressly excluded.

Related: Hazard, Exclusion, Causation
Hazard

A condition that increases the likelihood or severity of a loss, such as faulty wiring, an unsupported roof, or an unattended stove. Hazards affect underwriting and occasionally coverage conditions.

Related: Peril, Utmost good faith
Deductible

The amount of each loss the insured absorbs before the insurer pays. It applies per occurrence or per policy period as the policy states and reduces the payment rather than the limit.

Related: Coinsurance clause, Actual cash value
Binder

Temporary evidence of insurance that provides coverage before the policy is issued. It is subject to the same terms and conditions that will appear in the final policy.

Related: Endorsement, Deductible
Endorsement

A written amendment attached to a policy that adds, removes, or changes coverage. Endorsements control over conflicting printed policy language and must be read together with the base form.

Related: Exclusion, Coinsurance clause
Exclusion

A policy provision that removes specified losses from coverage, such as earth movement, faulty workmanship, or intentional acts. The insurer generally bears the burden of proving an exclusion applies.

Related: Endorsement, Causation
Coinsurance clause

A property provision requiring the insured to carry insurance equal to a stated percentage of the property's value. If that amount is not carried, recovery is reduced proportionally even when the loss is under the limit.

Related: Deductible, Principle of indemnity
Additional living expense

Coverage for the extra cost of temporary housing, meals, and related necessities when a covered loss makes the home uninhabitable, usually subject to a time limit or a percentage of Coverage A.

Related: Business income coverage, Ordinance or law coverage
Ordinance or law coverage

Coverage for the extra cost of repairing or rebuilding to current building codes, plus the lost value of the undamaged portion that must be demolished to comply with code enforcement.

Related: Additional living expense, Betterment
Business income coverage

Coverage for lost net income and continuing normal expenses while a business is shut down by a covered loss, typically including a waiting period for civil authority actions.

Related: Additional living expense, Scope of loss
Commercial general liability

A policy covering third-party bodily injury and property damage arising from premises, operations, and products, plus personal and advertising injury and the cost of defending covered suits.

Related: Premises liability, Claims-made policy
Premises liability

Liability for injury or damage occurring on property the insured owns, occupies, or controls, based on the duty owed to invitees, licensees, and trespassers under the applicable standard of care.

Related: Commercial general liability, Contributory negligence
Claims-made policy

Liability coverage triggered by a claim made or reported during the policy period, often limited by a retroactive date. It differs from occurrence coverage, which follows the date of injury.

Related: Occurrence, Commercial general liability
Uninsured motorist coverage

Coverage for injuries caused by a driver who carries no liability insurance or by a hit-and-run vehicle. Maryland requires insurers to offer it at limits equal to the policy's liability limits.

Related: Contributory negligence, Maryland Insurance Administration
Contributory negligence

Maryland's rule that a claimant whose own negligence contributed to the injury recovers nothing, even if the other party was largely at fault. It is stricter than comparative-fault rules used elsewhere.

Related: Premises liability, Uninsured motorist coverage
Proof of loss

A formal sworn statement the insured submits showing the amount claimed, the date and cause of loss, and supporting documentation. Policies set a deadline, commonly 60 days after the insurer's request.

Related: Examination under oath, Scope of loss
Examination under oath

A policy condition allowing the insurer to question the insured under oath about the loss, the damaged property, and the claim. An unjustified refusal to submit can bar recovery.

Related: Proof of loss, Reservation of rights
Reservation of rights

Written notice that the insurer will investigate or defend a claim while leaving open whether coverage applies, protecting it from waiving defenses such as late notice or a policy exclusion.

Related: Bad faith, Exclusion
Bad faith

An insurer's unreasonable or dishonest handling of a claim, such as unexplained delay, an offer unsupported by the investigation, or refusal to communicate. Maryland regulates specific conduct by statute.

Related: Unfair claim settlement practices, Reservation of rights
Appraisal provision

A policy process for resolving disagreements about the amount of loss, not coverage, in which each side selects a competent appraiser and the two appraisers choose an umpire to break ties.

Related: Proof of loss, Scope of loss
Actual cash value

The value of damaged property at the time of loss, commonly replacement cost minus depreciation. Policies may define it differently, so the policy wording and Maryland practice control the calculation.

Related: Replacement cost, Depreciation
Replacement cost

What it costs today to repair or rebuild with materials of like kind and quality, without deducting depreciation. Many policies require the insured to complete repairs before the full amount is paid.

Related: Actual cash value, Depreciation
Depreciation

The reduction in value caused by age, wear, obsolescence, or prior condition. Adjusters apply it to reach actual cash value and should document the method and useful-life assumptions used.

Related: Actual cash value, Replacement cost
Scope of loss

A detailed inventory of what was damaged and what is required to repair or replace it, including quantities, materials, and labor. It is the foundation for the repair estimate and negotiation.

Related: Proof of loss, Causation
Causation

The determination of which event produced the damage, critical when a covered peril and an excluded peril both contributed, as with wind-driven rain entering through an opening in the roof.

Related: Peril, Exclusion
Betterment

An improvement that leaves property more valuable than before the loss, such as upgrading to a code-compliant roof. Insurers may deduct the added value from the claim payment.

Related: Principle of indemnity, Ordinance or law coverage
Salvage

Damaged property that retains market or scrap value. The insurer may take possession and sell it to offset the payment, or let the insured keep it with a corresponding deduction.

Related: Subrogation, Betterment
Maryland Insurance Administration

The state agency that regulates insurers, producers, and public adjusters, issues licenses, reviews rates and policy forms, and investigates consumer complaints about claims handling and market conduct.

Related: Public adjuster license, Unfair claim settlement practices
Unfair claim settlement practices

A statutory list of prohibited insurer conduct, including misrepresenting policy provisions, failing to investigate promptly, and offering substantially less than a reasonable investigation would support.

Related: Bad faith, Maryland Insurance Administration
Maryland Joint Insurance Association

A residual market association that offers basic property insurance to owners who cannot obtain coverage in the voluntary market, with participating insurers sharing the results.

Related: Maryland Insurance Administration, Endorsement
Public adjuster license

The credential the Maryland Insurance Administration issues to a person who, for compensation, prepares, presents, or negotiates a claim on behalf of an insured rather than an insurer.

Related: Maryland Insurance Administration, Public adjuster contract
Public adjuster contract

A written agreement required before a public adjuster works a claim. It must state the services, the compensation, and the insured's right to cancel within the period Maryland law allows.

Related: Public adjuster license, Fee cap
Fee cap

The statutory limit on what a public adjuster may charge for handling a claim, calculated on the amount recovered and stated in the written contract before work begins.

Related: Public adjuster contract, Fiduciary duty
Fiduciary duty

A public adjuster's obligation to act in the insured's interest, account for claim funds properly, avoid self-dealing, and disclose conflicts such as referral fees or an interest in the repair contractor.

Related: Fee cap, Solicitation
Solicitation

Contacting a claimant to offer public adjusting services. Maryland restricts how and when this may occur, including limits on misleading statements about insurer affiliation or the adjuster's authority.

Related: Fiduciary duty, Public adjuster license