MO Public Adjuster key terms
MO Public Adjuster · Get comfortable with the vocabulary.
- Public adjuster
- Related: Contingent compensation, First-party claim, Written contract with insured
A licensed professional hired by the policyholder, not the insurer, to prepare, document, and negotiate a first-party property claim in exchange for a fee or percentage of the settlement.
- Public adjuster license
- Related: Prelicensing education, License examination, Surety bond requirement
The credential a state insurance regulator issues to a person who has met prelicensing education, examination, background, and bonding requirements to negotiate claims for insureds.
- Prelicensing education
- Related: Public adjuster license, License examination, Continuing education
A required course of study completed before sitting for the adjuster exam, covering policy forms, claims practice, and insurance law, with a certificate submitted in the license application.
- License examination
- Related: Prelicensing education, Public adjuster license
A state-administered test of insurance principles, policy provisions, and claims law that an applicant must pass, often within a set window before applying for the license.
- Continuing education
- Related: License renewal, License examination
Ongoing credit hours a licensed adjuster must complete each renewal cycle, typically including ethics and state-specific law, to keep the license active.
- License renewal
- Related: Continuing education, Appointment
The periodic process of reissuing an active adjuster license after the licensee submits a renewal application, pays fees, and certifies completion of continuing education and any required disclosures.
- Appointment
- Related: License renewal, Public adjuster license
An insurer's or adjusting firm's formal authorization of a licensed individual to act on its behalf, filed with the state; public adjusters generally do not need insurer appointments.
- Nonresident license
- Related: Reciprocity, Public adjuster license
A license issued to an adjuster whose home state is elsewhere, usually granted through reciprocity when the home state license is in good standing and the applicant meets state filing requirements.
- Reciprocity
- Related: Nonresident license
An arrangement in which states recognize each other's adjuster licenses or examinations, reducing duplicate requirements for nonresident applicants who hold a qualifying home-state credential.
- Surety bond requirement
- Related: Fiduciary duty, License revocation
A bond a public adjuster must post to guarantee faithful performance and lawful handling of client funds; the bond gives the state or harmed insureds a recovery source for misconduct.
- Fiduciary duty
- Related: Conflict of interest, Trust account, Surety bond requirement
The legal obligation of a public adjuster to act solely in the insured's interest, avoid self-dealing, and account for all client funds and settlement proceeds handled.
- Conflict of interest
- Related: Fiduciary duty, Unfair claims practices, Fee disclosure
A situation in which an adjuster's personal, financial, or family interest could bias claim handling, such as representing both a contractor and the insured on the same loss.
- Contingent compensation
- Related: Written contract with insured, Fee disclosure, Public adjuster
A fee arrangement, common for public adjusters, in which payment is a stated percentage of the claim recovery and is owed only if the claim produces a settlement.
- Fee disclosure
- Related: Contingent compensation, Written contract with insured, Conflict of interest
The written statement of the adjuster's compensation method, rate, and any other charges, given to the insured before the representation agreement is signed and often required by regulation.
- Written contract with insured
- Related: Contingent compensation, Fee disclosure, Right to rescind
The signed agreement setting out the scope of representation, fee terms, cancellation rights, and the adjuster's authority, which many states require before a public adjuster may act.
- Right to rescind
- Related: Written contract with insured, Solicitation restrictions
A consumer protection allowing the insured to cancel the public adjuster agreement within a set number of days after signing, without penalty and with any deposit returned.
- Solicitation restrictions
- Related: Right to rescind, Unfair claims practices
Rules limiting how and when public adjusters may contact claimants, for example bans on in-person solicitation at a loss site or during a declared emergency period.
- Unfair claims practices
- Related: Bad faith, Unfair trade practices act, Conflict of interest
Prohibited conduct in handling claims, such as misrepresenting policy provisions, unreasonable delay, failing to investigate promptly, or offering far less than the claim is worth without explanation.
- Bad faith
- Related: Unfair claims practices, Prompt payment statute, Extracontractual damages
An insurer's or adjuster's breach of the implied duty of good faith and fair dealing, shown by unreasonable denial, delay, or failure to give the claim reasonable consideration.
- Unfair trade practices act
- Related: Unfair claims practices, License revocation
The state statute listing deceptive or unfair insurance acts, including claims misconduct, and authorizing regulator investigation, fines, and license action against violators.
- Prompt payment statute
- Related: Bad faith, Proof of loss
A law setting deadlines for an insurer to acknowledge, investigate, accept or deny, and pay a claim, with interest or penalties when deadlines are missed without a reasonable basis.
- License revocation
- Related: Unfair trade practices act, Surety bond requirement
The regulator's withdrawal of an adjuster's license for serious violations, such as fraud, misappropriation, or repeated unfair practices; lesser sanctions include suspension and fines.
- First-party claim
- Related: Third-party claim, Public adjuster, Coverage analysis
A claim by the insured against their own policy for their own loss, such as dwelling damage, as opposed to a liability claim brought by a third party against the insured.
- Third-party claim
- Related: First-party claim
A claim presented by someone other than the insured against the insured's liability coverage; public adjusters typically do not represent third-party claimants.
- Insurable interest
- Related: Coverage analysis, Replacement cost
A financial stake in the property such that the insured suffers actual loss from its damage; coverage is void without it, and the interest must exist at the time of loss.
- Coverage analysis
- Related: Insuring agreement, Exclusion, Policy conditions
The systematic comparison of the loss facts against policy declarations, insuring agreements, exclusions, and conditions to determine whether and how much the policy pays.
- Insuring agreement
- Related: Coverage analysis, Exclusion, Named peril policy
The core policy section that states what perils or losses the insurer promises to cover, framing the scope of protection before exclusions and limits are applied.
- Exclusion
- Related: Insuring agreement, Coverage analysis, Concurrent causation
A policy provision that removes specified causes of loss or property types from coverage, such as earth movement or intentional acts, shifting that risk back to the insured.
- Policy conditions
- Related: Proof of loss, Duty to mitigate, Coverage analysis
Duties the insured must satisfy for coverage to apply, including notice, cooperation, proof of loss, and mitigation of further damage; breach can reduce or bar recovery.
- Named peril policy
- Related: Open peril policy, Insuring agreement
A policy covering only the perils expressly listed, such as fire, windstorm, or vandalism, so the claimant must show the loss resulted from a listed cause.
- Open peril policy
- Related: Named peril policy, Exclusion
A policy covering all risks of direct physical loss except those specifically excluded, placing the burden on the insurer to prove an exclusion applies.
- Concurrent causation
- Related: Exclusion, Coverage analysis
A loss caused by two or more forces at once, one covered and one excluded; how the policy and state law treat the combination determines whether any recovery is owed.
- Replacement cost
- Related: Actual cash value, Depreciation, Insurable interest
The amount needed to repair or rebuild with new materials of like kind and quality, without deduction for depreciation, usually payable after the property is actually repaired or replaced.
- Actual cash value
- Related: Replacement cost, Depreciation
The value of damaged property measured as replacement cost minus depreciation, reflecting its age and condition immediately before the loss.
- Depreciation
- Related: Actual cash value, Replacement cost
The reduction in property value from age, wear, and obsolescence, deducted from replacement cost to compute actual cash value in a claim settlement.
- Coinsurance clause
- Related: Coverage analysis, Policy conditions
A property provision requiring the insured to carry coverage equal to a stated percentage of value; falling short reduces the claim payment proportionally.
- Deductible
- Related: Coverage analysis, Actual cash value
The amount of each loss the insured bears before the insurer pays, subtracted from the covered loss and often applied separately per peril or per occurrence.
- Proof of loss
- Related: Policy conditions, Claim investigation, Prompt payment statute
A sworn statement, usually on the insurer's form and within a policy deadline, detailing the amount, date, and cause of loss and the claimed value of damaged property.
- Claim investigation
- Related: Proof of loss, Damage estimate, Examination under oath
The process of gathering facts about a loss through inspection, photographs, records, witness statements, and expert reports to evaluate coverage and damages.
- Examination under oath
- Related: Claim investigation, Policy conditions, Proof of loss
A formal, recorded question-and-answer session in which the insured answers the insurer's questions about the loss under oath, a condition many policies allow the insurer to require.
- Duty to mitigate
- Related: Policy conditions, Claim investigation
The insured's obligation to take reasonable steps after a loss, such as temporary repairs or water extraction, to prevent further damage, with reasonable costs often reimbursable.
- Damage estimate
- Related: Claim investigation, Replacement cost, Proof of loss
A line-item valuation of repair or replacement work, prepared by the adjuster or contractor, that documents quantities, prices, and scope to support the claimed amount.
- Trust account
- Related: Fiduciary duty, Surety bond requirement
A segregated account where a public adjuster holds client funds, such as settlement drafts or advance deposits, separate from business funds and subject to recordkeeping rules.
- Extracontractual damages
- Related: Bad faith, Unfair claims practices
Amounts awarded beyond the policy limit, such as emotional distress, attorney fees, or punitive damages, when an insurer or adjuster is found to have acted in bad faith.