OH Public Adjuster key terms
OH Public Adjuster · Get comfortable with the vocabulary.
- Public adjuster
- Related: Insured, First-party claim, Adjuster bond
A person licensed by the Ohio Department of Insurance to represent an insured in negotiating a first-party property claim, for compensation paid by the insured rather than the insurer.
- Adjuster bond
- Related: Public adjuster, License revocation
A surety bond an Ohio public adjuster must file with the Department of Insurance, in the amount the statute sets, to guarantee faithful performance and protect insureds from misconduct.
- Continuing education requirement
- Related: License renewal, Ethics
The periodic credit hours a licensed public adjuster must complete to renew a license, covering core areas such as policy coverage, claims practices, and ethics, with records kept for audit.
- License renewal
- Related: Continuing education requirement, Lapsed license
The recurring process of submitting a renewal application, fees, and proof of completed continuing education so a public adjuster license stays active rather than lapsing or expiring.
- Lapsed license
- Related: License renewal, Unlicensed practice
A license that has expired because renewal requirements were not met; acting as a public adjuster while lapsed is unlicensed activity subject to civil and criminal penalties.
- Unlicensed practice
- Related: Lapsed license, Solicitation
Negotiating, soliciting, or advertising public adjusting services without a valid license, which can lead to cease-and-desist orders, fines, and referral for prosecution.
- License revocation
- Related: License suspension, Adjuster bond
A disciplinary action by the insurance regulator that cancels a public adjuster license outright, typically after serious or repeated violations, ending the right to practice.
- License suspension
- Related: License revocation, Administrative hearing
A disciplinary action that temporarily withdraws a public adjuster's authority to act, usually for a fixed period or until specified conditions such as restitution or retraining are satisfied.
- Administrative hearing
- Related: License suspension, License revocation
A formal proceeding before the insurance regulator or its designee where a licensee contests proposed discipline, presents evidence, and receives a written decision subject to appeal.
- Reciprocity
- Related: Nonresident license, License renewal
An arrangement allowing a licensee from another state to obtain an Ohio license based on the home-state license, often through a uniform application, without duplicating every requirement.
- Nonresident license
- Related: Reciprocity, Public adjuster
A public adjuster license issued to a person whose home state is elsewhere, permitting practice in Ohio while remaining subject to Ohio law and regulatory oversight.
- Fiduciary duty
- Related: Trust account, Conflict of interest
The obligation to act in the insured's best interest and to handle client funds, such as claim proceeds or fees held in trust, honestly and separately from personal money.
- Trust account
- Related: Fiduciary duty, Commingling
A separate bank account where a public adjuster deposits client funds, such as claim payments received on the insured's behalf, so the money is not commingled with business funds.
- Commingling
- Related: Trust account, Fiduciary duty
Mixing client money with the adjuster's own funds or other clients' funds, which violates fiduciary duties and is a common ground for disciplinary action.
- Insured
- Related: First-party claim, Named insured
The person or entity named on the policy, or otherwise covered under it, whose property or liability loss is the subject of the claim being adjusted.
- First-party claim
- Related: Third-party claim, Insured
A claim by the insured against their own insurer for their own loss, such as fire damage to a home, as opposed to a claim by a third party alleging the insured caused harm.
- Third-party claim
- Related: First-party claim, Duty to defend
A claim brought by someone other than the insured against the insured, typically under liability coverage, in which the insurer owes a defense and possible indemnity.
- Dwelling coverage
- Related: Personal property coverage, Replacement cost
The part of a homeowners policy that pays to repair or rebuild the insured structure itself, usually stated as a limit on the declarations page and subject to replacement cost terms.
- Personal property coverage
- Related: Dwelling coverage, Actual cash value
Coverage for the insured's belongings, such as furniture and clothing, often subject to special sublimits and to a choice between actual cash value and replacement cost settlement.
- Additional living expense
- Related: Loss of use, Dwelling coverage
Coverage that pays extra costs, like temporary housing and meals, when a covered loss makes the home uninhabitable, usually limited by a time period and a percentage of the dwelling limit.
- Actual cash value
- Related: Replacement cost, Depreciation
A settlement method that pays replacement cost minus depreciation for age and wear, reflecting what the damaged item was worth just before the loss.
- Replacement cost
- Related: Actual cash value, Depreciation
A settlement method that pays what it costs today to repair or replace damaged property with new materials of like kind and quality, without deducting for depreciation.
- Depreciation
- Related: Actual cash value, Replacement cost
The reduction in value of property from age, use, or obsolescence, subtracted from replacement cost to arrive at actual cash value in a claim settlement.
- Coinsurance clause
- Related: Deductible, Policy limit
A property policy provision requiring the insured to carry coverage equal to a stated percentage of value; carrying less reduces the claim payment proportionally.
- Deductible
- Related: Coinsurance clause, Policy limit
The amount of a covered loss the insured must absorb before the insurer pays, subtracted from the claim payment and often stated separately for wind or hurricane losses.
- Policy limit
- Related: Coinsurance clause, Deductible
The maximum amount an insurer will pay for a covered loss under a given coverage, which caps any settlement even when the loss is larger.
- Exclusion
- Related: Covered peril, Burden of proof
A policy provision that removes specified losses or perils from coverage, such as earth movement or intentional acts, so no payment is owed for those causes.
- Covered peril
- Related: Exclusion, Proximate cause
A cause of loss, such as fire, windstorm, or theft, that the policy affirmatively insures, triggering the insurer's duty to pay when the loss results from it.
- Duty to defend
- Related: Third-party claim, Policy limit
The insurer's obligation under liability coverage to provide and pay for a lawyer to defend the insured against covered claims, broader than the duty to pay judgments.
- Proximate cause
- Related: Covered peril, Exclusion
The dominant, efficient cause of a loss that sets other events in motion without a break in the chain, used to decide whether an insured peril triggered coverage.
- Proof of loss
- Related: Claim investigation, Burden of proof
A sworn statement, usually on the insurer's form and filed within the policy deadline, detailing the amount, date, and circumstances of the claimed loss.
- Claim investigation
- Related: Proof of loss, Scope of damage
The process of gathering facts about a loss, including inspection, photographs, recorded statements, and document review, to determine whether and how much the policy covers.
- Scope of damage
- Related: Claim investigation, Xactimate estimate
The itemized inventory of what was damaged and what repairs or replacements are needed, forming the basis for the repair estimate and the claim valuation.
- Xactimate estimate
- Related: Scope of damage, Betterment
Industry-standard estimating software that prices repair line items by local labor and material costs; adjusters and contractors use it to document and compare repair costs.
- Betterment
- Related: Replacement cost, Xactimate estimate
An improvement that makes property better than before the loss, such as upgrading to a higher-grade roof; insurers generally do not pay for the added value.
- Burden of proof
- Related: Proof of loss, Exclusion
The responsibility to prove a fact; in a first-party claim, the insured generally must show a covered loss occurred and its amount, while the insurer must prove exclusions apply.
- Appraisal provision
- Related: Umpire, Proof of loss
A policy clause letting either party demand an appraisal when they dispute the amount of loss; each side picks a competent appraiser, and the appraisers may choose an umpire.
- Umpire
- Related: Appraisal provision, Bad faith
The neutral third person chosen by the parties' appraisers in an appraisal dispute; an agreement by any two of the three sets the amount of loss.
- Subrogation
- Related: Salvage, First-party claim
The insurer's right to step into the insured's shoes and pursue the party that caused the loss after paying the claim, recovering what it paid.
- Salvage
- Related: Subrogation, Actual cash value
Property that remains after a loss and still has value; the insurer may take it, sell it, or let the insured keep it with the settlement reduced accordingly.
- Bad faith
- Related: Unfair claim settlement practice, Umpire
An insurer's unreasonable or dishonest handling of a claim, such as denying without investigation or delaying payment without justification, which can expose it to extra-contractual liability.
- Conflict of interest
- Related: Fiduciary duty, Compensation disclosure
A situation where a public adjuster's personal or financial interests could improperly influence their work for the insured, such as owning the repair company doing the work.
- Compensation disclosure
- Related: Written contract, Conflict of interest
The written explanation of how and how much a public adjuster will be paid, given to the insured before a contract is signed so the fee arrangement is fully understood.
- Written contract
- Related: Compensation disclosure, Right to cancel
The signed agreement between a public adjuster and an insured setting out services, fees, term, and cancellation rights, required before the adjuster begins work.
- Right to cancel
- Related: Written contract, Solicitation
The insured's legal right to end a public adjuster contract within a set period after signing, without penalty, often three business days under consumer protection rules.
- Solicitation
- Related: Unlicensed practice, Right to cancel
Approaching or advertising to prospective clients for adjusting work; states restrict door-to-door and disaster-site solicitation and require clear identification of the adjuster's role.
- Unfair claim settlement practice
- Related: Bad faith, Unfair trade practice
Prohibited conduct such as misrepresenting policy provisions, failing to investigate promptly, or offering far less than a reasonable settlement, whether done by an insurer or an adjuster.
- Unfair trade practice
- Related: Unfair claim settlement practice, Misrepresentation
Deceptive or misleading conduct in the business of insurance, including false advertising, misrepresentation of coverage, and improper inducements, regulated under state insurance law.
- Misrepresentation
- Related: Unfair trade practice, Fraud
Making a false or misleading statement about a policy, a loss, or an adjuster's authority, whether to sell services or during claim handling, which is a prohibited practice.
- Fraud
- Related: Misrepresentation, Proof of loss
Intentional deception for gain, such as inflating a claim or staging a loss; it can void coverage and lead to criminal charges for the insured or the adjuster.
- Consumer protection
- Related: Unfair trade practice, Right to cancel
Laws and regulatory rules designed to ensure fair treatment of policyholders, including disclosure requirements, complaint processes, and penalties for deceptive conduct.