TX Public Adjuster study materials
TX Public Adjuster study resources

TX Public Adjuster key terms

TX Public Adjuster · Get comfortable with the vocabulary.

Public Insurance Adjuster

A person licensed by the Texas Department of Insurance who, for compensation, represents an insured in negotiating, preparing, or settling a first-party property or casualty insurance claim.

Related: Texas Department of Insurance (TDI), Insurance Code Chapter 4102, Contingent Fee
Texas Department of Insurance (TDI)

The Texas state agency that regulates the insurance industry, issues and renews adjuster licenses, interprets the Insurance Code, and enforces consumer protection rules through investigations and administrative penalties.

Related: Commissioner of Insurance, Unlicensed Adjusting
Insurance Code Chapter 4102

The chapter of the Texas Insurance Code that creates the public insurance adjuster license, sets qualifications and bonding, and governs how licensees may solicit business, contract with insureds, and be paid.

Related: Public Insurance Adjuster, Surety Bond, Contingent Fee
Commissioner of Insurance

The official appointed to head the Texas Department of Insurance, empowered to adopt rules, hold hearings, and impose sanctions such as license suspension or fines on adjusters who violate insurance law.

Related: Texas Department of Insurance (TDI), Unlicensed Adjusting
Surety Bond

A bond a Texas public adjuster must file so that an insured harmed by the adjuster's misconduct can recover money, with the bonding company paying up to the bond amount.

Related: Insurance Code Chapter 4102, Fiduciary Duty
Continuing Education

Credit hours a licensed adjuster must complete during each renewal period to keep the license active; Texas sets a required number of hours, including ethics instruction, and requires documentation.

Related: Texas Department of Insurance (TDI), Fiduciary Duty
Unlicensed Adjusting

Negotiating or settling an insured's claim for compensation without a Texas license, which exposes the person to administrative penalties and criminal prosecution and generally makes any fee unenforceable.

Related: Public Insurance Adjuster, Insurance Code Chapter 4102
Insurable Interest

A financial stake in the property such that the insured would suffer a genuine economic loss if it were damaged; without it, a property policy provides no enforceable coverage for that person.

Related: Indemnity, Actual Cash Value
Indemnity

The core insurance principle that a claim payment should restore the insured to roughly the same financial position occupied before the loss, neither better nor worse off.

Related: Insurable Interest, Betterment, Actual Cash Value
Peril

A specific event or cause of damage that a policy covers, such as fire, windstorm, hail, or theft; the covered causes of loss section of the policy lists which perils apply.

Related: Exclusion, Origin and Cause Investigation
Exclusion

A policy provision that removes specified losses, property types, or circumstances from coverage, such as intentional acts, wear and tear, faulty workmanship, or earth movement.

Related: Peril, Reservation of Rights
Deductible

The portion of each loss the insured must absorb before the insurer pays, subtracted from the covered loss or applied as a percentage of the dwelling limit for wind and hail claims.

Related: Coinsurance Clause, Actual Cash Value
Coinsurance Clause

A property policy condition requiring the insured to carry limits equal to a stated percentage of the property's value, or claim payments are reduced in proportion to the coverage shortfall.

Related: Deductible, Replacement Cost Coverage
Actual Cash Value

The value of damaged property at the time of loss, usually calculated as replacement cost minus depreciation, with the exact method set by the policy language and Texas law.

Related: Replacement Cost Coverage, Depreciation, Indemnity
Replacement Cost Coverage

A valuation method paying the amount needed to repair or rebuild with new materials of like kind and quality without deducting depreciation, often released only after repairs are finished.

Related: Actual Cash Value, Depreciation, Coinsurance Clause
Depreciation

The reduction in a property's value caused by age, wear, use, or obsolescence, subtracted from replacement cost to arrive at actual cash value for damaged items.

Related: Actual Cash Value, Replacement Cost Coverage
Suit Limitation Clause

A policy condition setting a deadline, commonly two years after the date of loss, for filing a lawsuit to recover policy benefits; missing the deadline generally bars the claim.

Related: Proof of Loss, Appraisal Clause
Subrogation

The insurer's right, after paying a covered claim, to step into the insured's shoes and pursue the responsible third party to recover the amount it paid.

Related: Salvage, Indemnity
Notice of Loss

The insured's prompt report of a claim to the insurer, giving the date, cause, and known damage; unreasonable delay can prejudice the insurer's investigation and may affect coverage.

Related: Proof of Loss, Origin and Cause Investigation
Proof of Loss

A sworn, itemized statement the insured submits describing the loss, its amount, and supporting facts; policies may require it within a stated period after the insurer requests it.

Related: Notice of Loss, Examination Under Oath (EUO)
Examination Under Oath (EUO)

A policy condition allowing the insurer to question the insured under oath, before a court reporter, about the loss and the claim; refusal to submit can bar recovery.

Related: Proof of Loss, Reservation of Rights
Reservation of Rights

A written notice in which the insurer agrees to keep handling the claim while preserving its right to deny or limit coverage later, typically after spotting a possible coverage defense.

Related: Exclusion, Bad Faith
Appraisal Clause

A policy procedure for resolving disagreements about the amount of loss, in which each side selects a competent appraiser and the appraisers choose a neutral umpire to set the value.

Related: Scope of Loss, Suit Limitation Clause
Origin and Cause Investigation

The systematic examination of a loss scene to establish where a fire or damage began and what produced it, using burn patterns, physical evidence, witness statements, and expert analysis.

Related: Peril, Notice of Loss
Scope of Loss

An itemized description of the damaged building components and personal property, including quantities and conditions, that forms the basis for pricing the repair or replacement work.

Related: Line-Item Estimate, Damage Documentation
Line-Item Estimate

A priced breakdown of each repair task showing quantity, unit cost, labor, materials, and equipment, which together total the estimated cost of restoring the damaged property.

Related: Scope of Loss, Overhead and Profit
Overhead and Profit

Markups added to a repair estimate to cover a contractor's general conditions, supervision, and margin; they are frequently disputed when the insured hires separate trades directly.

Related: Line-Item Estimate, Scope of Loss
Betterment

An improvement that leaves the property more valuable or longer lasting than before the loss; insurers may withhold the added value so the insured does not profit from the claim.

Related: Indemnity, Depreciation
Salvage

Damaged property or its remains that still holds resale or scrap value; the insurer may take title to the salvage, sell it, and credit the proceeds against the claim payment.

Related: Subrogation, Actual Cash Value
Damage Documentation

The photographs, measurements, sketches, moisture readings, samples, and field notes an adjuster gathers to prove the extent, cause, and value of the loss in the claim file.

Related: Scope of Loss, Fiduciary Duty
Fiduciary Duty

The obligation of a public adjuster to place the insured's interests first, act honestly, avoid self-dealing, and properly account for any money handled on the insured's behalf.

Related: Conflict of Interest, Contingent Fee, Surety Bond
Conflict of Interest

A situation in which the adjuster's personal financial gain, outside business relationships, or referral arrangements could improperly influence the advice given or the claim decisions made.

Related: Fiduciary Duty, Contingent Fee
Unfair Claim Settlement Practice

A defined act of insurer misconduct, such as misrepresenting policy provisions, failing to investigate promptly, or offering substantially less than the claim is reasonably worth.

Related: Texas Insurance Code Chapter 541, Bad Faith
Texas Insurance Code Chapter 541

The Texas statute listing unfair methods of competition and deceptive acts, including unfair claim practices; violators may owe actual damages, attorney fees, and enhanced damages for knowing violations.

Related: Unfair Claim Settlement Practice, Bad Faith
Bad Faith

An insurer's unreasonable denial, delay, or undervaluation of a valid claim where liability is reasonably clear, creating exposure beyond the policy benefits themselves.

Related: Unfair Claim Settlement Practice, Reservation of Rights, Texas Insurance Code Chapter 541
Prompt Payment of Claims (Chapter 542)

Texas law requiring an insurer to acknowledge a claim within 15 days, accept or deny it within 15 more days after receiving needed information, and pay promptly, with penalties for delays.

Related: Unfair Claim Settlement Practice, Chapter 542A
Chapter 542A

Texas law addressing first-party property claims arising from forces of nature, requiring pre-suit notice to the insurer and limiting when and how attorney fees may be recovered.

Related: Prompt Payment of Claims (Chapter 542), Suit Limitation Clause
Contingent Fee

Compensation for a public adjuster calculated as a percentage of the amount the insured recovers, so payment depends on the settlement; Texas law caps the percentage that may be charged.

Related: Public Insurance Adjuster, Fiduciary Duty, Insurance Code Chapter 4102