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  •   

    State ID:

    40 IR 5813

    Agency Name:

    Department of Insurance

    Title:

    Licensing of Public Adjusters

    Proposed:

    04/08/2016

    Adopted:

    09/02/2016

    Summary:

    This amendment will provide insurance companies and insureds the ability to assert that public adjuster contracts that have not been filed and approved by the Director are void.

    Agency Contact:

    James Rundblom, Deputy General Counsel, Department of Insurance, 320 W Washington, 4th Flr, Springfield, IL 62767-0001, 217-785-8559, fax 217-524-9033

    Citation:

    50 IAC 3118.35

    Status:

    09/02/2016

    Rule Adoption
    Effective Date: 08/16/2016
    Vol. 40, Issue 36, Illinois Register 09/02/2016 pp.12786-12789

  •  

    Sponsor:

    Currie (D)

    Title:

    First 2016 General Revisory Act

    Disposition:

    Enacted

    Location:

    Chaptered

    Public Act:

    642

    Summary:

    Creates the First 2016 General Revisory Act that includes provisions regarding the taxable income of financial institutions, the revision of provisions regarding automobile liability insurance, and the awarding of State contracts.

    Status:

    07/28/2016

    Signed by GOVERNOR.

    07/28/2016

    Public Act No. 642 [Effective Rule]

  • Claims Magazine is providing the following free guidelines and regulations in order to help adjusting professionals stay abreast of each state’s unique property and casualty claim-handling requirements. Each guideline features an explanation of the act to be performed, compliance timeframes for each act, and hyperlinked references to each state's insurance code. The links were compiled by compiled by Lynch & Associates, www.northlaw.com. We hope you find them useful and informative. Please note that these guidelines were updated in 2010, but occassional changes in each state's code are to be expected. These guidelines should be used as a reference only, and do not supercede each state's published regulations.

    Just Looking for Each State's Deadline for Acknowledging Receipt of a Claim? Download PDF

    List of State Guidelines:

  • Fast Track Itinerary:

    9:00am-9:30am: Introduction By David Welker who recently became a RVP and is the Team Leader at our Oak Brook Office.  David will be talking about the importance of attending the Test Training, Advance Training, Quick Starts, Fast Tracks and Conventions!  David will also discuss the importance of getting involved with the Management team!

    9:30am-10:30am:  Gene Houck EVP and Team Leader of the Doylestown PA “Displaying his expertise on the flip chart presentation and home inspection”!

    10:30am-10:45am: Break!

    10:45am-11:45am: Dr Michael Capilli our one and only NSD speaking on “How to Gauge your Week”

    11:45am-12:45pm: LUNCH!!

    12:45pm-1:15pm: Gene Veno, President and Founder of AAPIA!

    1:15pm-2:15pm: Art Lattanzi EVP and Chairman of the Master Mind Council Speaking on “How to Build and Maintain your Down line”!

    2:15pm-2:30pm My Story by:  Greg Contos and Donald Boone!

    2:30pm-2:45pm:  Break!

    2:45pm-3:30pm:  Promotion Announcements to CR, SCR, RM and RVP , Quarterly Award Announcements!  Raffle!
     

  • By Brian S. Goodman,  Esq., NAPIA Counsel, HODES, PESSIN & KATZ, P.A.
    Friday, October 7, 2011

    As the end of the year approaches, activity in the state legislatures is just heating up. In the coming term, many local legislators will be focusing on issues related to public adjusting. We know for a fact that bills are currently under consideration in Pennsylvania, and there is expected to be an added regulation addressed in Indiana focusing on the Unauthorized Practice of Public Adjusting. The Alabama legislature convenes in early 2012, and we are working diligently to th ensure that Alabama becomes the 45state to license public adjusters.

    If any NAPIA member hears of legislative activity in their particular state, please make us aware of this as soon as possible. Often, issues come up that touch on our profession, and the sooner we know about these the better.

    We are working hard with able counsel and lobbyists to protect the profession and to ensure the proper and ethical practice of public insurance adjusting. Gone are the days when public adjusters flew “under the radar;” we are now an accepted and respected player in the insurance industry and claims process. This gives all of us all the more reason to stay on top of legislative enactments and to insist that our craft is practiced in an ethical and proper manner.

    I will be talking about ethics and legislative issues in greater detail at the upcoming  First Party Claims Conference  in Providence, Rhode Island. We hope to see many of you there.

  • The American Association of Public Insurance Adjusters is busy getting the word out about how hiring a public insurance adjuster can add value to a policyholder’s insurance claim. AAPIA prides itself on being a professional organization representing public adjusters from all over the United States. AAPIA sponsors educational, social, and networking programs throughout the year.

    Recently, Gene Veno, the President of the American Association of Public Insurance Adjusters, was interviewed about the role of a public adjuster and the value a claims professional can add to a property damage claim when that professional is working on behalf of the policyholder.

    It is still not uncommon for me to hear from policyholders that they only became aware of the services a public adjuster can provide after they had a negative experience during an insurance claim and turned to a public adjuster for help. But the work of public adjusters is most valuable if people are aware of them early in the claims process. Individuals, families, condominium associations and businesses that suffer losses need to know that in most states they have the ability to hire their own adjuster to help navigate the claim process. As Veno explains in the interview, 44 states now have licensed public adjusters available to policyholders.

    One of the ways AAPIA is spreading the word is by doing radio and podcast interviews to educate the public. You may recognize Merlin Law Group’s very own Sean Shaw in the blogtalk radio show Legislative Wrap up with AAPIA's Gene Veno. AAPIA also interviewed Florida public adjuster, Dick Tutwiler, of Tutwiler & Associates.

    The AAPIA website provides many great resources for those who want to stay informed on issues relating to public adjusting.

    In prior posts, Chip Merlin has detailed some of the work AAPIA has been involved in during the last year.

    Take a listen to AAPIA’s The Value of Hiring a Public Adjuster:

  • Public Insurance Adjusters Are the People's 'Good Guys'
    By David Beasley, Sunshine State News

    Click here for full article.

  • SB 660 was a collaborative piece of legislation that took approximately 2 years to complete. It repeals the Illinois Insurance Code concerning Public Insurance Adjusters and creates the Public Adjusters Law. The new law provides guidelines for licensing and examinations as well sets forth certain standards of conduct for public adjusters including disclosures, fees and contracts.

    SB 660 became law on July 27, 2010 and is now Public Act 96-1332 (the entire text can be found at www.ilga.gov) Procedurally, the bill originated in the Senate and passed unopposed, 58-0. However, as the bill moved through the House, its final passage was not without opposition, the vote was 85-30. This is not uncommon, because the longer a bill lingers on the legislative calendar, the more it is scrutinized.

    The majority of the changes sought by the new Public Adjusters Law are reasonable, however there is one aspect of the bill that we would like to amend during the Illinois General Assembly's upcoming veto session. During the two week fall veto session, we would like to run a "trailor bill" seeking to make a technical change that is important to this industry. The aspect of the law which is most problematic is the requirement that an individual who fails the public insurance adjuster examination wait 90 days before rescheduling to take the exam. Our contact thus far with the appropriate regulatory agencies and other key players involved in drafting this legislation stated that they could not pinpoint why 90 days was used as a timeframe. It is our position that the 90 day timeframe is punitive as it is not imposed on similar professionals and/or public insurance adjusters in other states. The 90 day wait period is arbitrary, does not advance any public policy and places a significant burden on individuals seeking to work in this industry. As such, we believe our recommended change will accomplish the goal of ensuring adjusters are well prepared while also making the exam more accessible.

  • The Senate has passed the Dodd-Frank financial services reform package that will have some impact on the insurance industry and add involvement by the federal government in the state-based insurance regulatory system.

    The 2,300-page bill, which passed the Senate by a 60 to 39 margin yesterday, aims to address regulatory weaknesses blamed for the 2008 financial crisis. It gives regulators broad authority to rein in banks, limit risk-taking by financial firms and supervise previously unregulated trading. It also makes it easier to liquidate large, financially interconnected institutions, and it creates a new consumer protection bureau to guard against lending abuses.

    The National Association of Surplus Lines Offices (NAPSLO) hailed the passage of the bill as a "big win," after several provisions were included to modernize the surplus lines industry.

    Those changes would speed up and ease access to the surplus lines markets by consumers, and reduce administrative compliance issues by establishing that only the home state of the insurer can regulate multi-state transactions.

    "These surplus lines reforms represent a nearly decade-long industry effort spearheaded by NAPSLO to modernize and reform surplus lines regulation. With the legislation now approved by Congress, we look to the states to implement its provisions in the way Congress intends and bring about, on a nationwide basis, the anticipated efficiencies in surplus lines regulation and tax payment mechanisms the legislation promises," NAPSLO President Marshall Kath said.

    Ken A. Crerar, president of The Council of Insurance Agents & Brokers, echoed those statements, adding "passage of this bill is important not only for (agents) but also for their commercial clients… Now that multi-state surplus lines placements will be subject to regulatory oversight by a single state, a substantively streamlined process will be created for commercial consumers, regulators, insurers and brokers. This change will provide for a uniform approach to regulating the surplus lines market and once signed into law, will go a long way to addressing long-time marketplace problems."

    The bill also establishes a federal office of insurance (FIO), which will increase the federal government's role in addressing insurance-related issues.

    David A. Sampson, president and CEO of the Property Casualty Insurers Association of America (PCIAA), said that the final version of the bill contained a number of changes that would lessen the impact of federal oversight of the state-regulated insurance system, but also said "deep concern(s)" remained over the impact of the legislation.

    "It is important to note that this is still only the midpoint for financial services reform. We have a long road ahead of us as we move into the rule development phase," Sampson said. "We look forward to working with regulators to preserve a strong and stable insurance marketplace to protect home, auto and business owners."

    Leigh Ann Pusey, president and CEO of the American Insurance Association (AIA), said the completed bill "largely recognizes that property and casualty insurers do not pose systemic risk," which she called "a meaningful acknowledgment for the many policyholders that rely upon our low-risk business model to provide them security in times of uncertainty."

    Pusey also said the bill "takes necessary steps to prevent insurers from being lumped into many of the new 'bank-focused' provisions. This, too, is a substantial recognition of the insurance business model."

    President Obama is expected to sign the bill.

  • Allied Insurance, based in Des Moines, Iowa, announced new changes to its commercial quoting process that it says will allow independent agents to write business insurance quicker and easier. Among the new features:

        * 25 percent - 45 percent of previously asked commercial application questions have been eliminated (depending on the specific business-owners-product program);
        * Elimination of up to six supplemental applications;
        * Addition of clearer questions to improve underwriting efficiency and turnaround times.

    Allied Insurance President W. Kim Austen said the "changes reflect direct feedback from our agents, so we felt compelled to take steps that make Allied easier to do business with."

    Allied Insurance has also recently announced significant product changes with expanded coverage options and is now offering coverage enhancement endorsements for a wide range of industries and products.

    With a new application process for premier business owners and business auto, independent agents will be better equipped to meet their clients' needs with superior service and coverage from Allied, the company said.

    Allied operates in 34 states through a network of independent agents with regional offices in Denver, Colo.; Des Moines, Iowa; Lincoln, Neb.; Gainesville, Fla; and Sacramento, Calif. Allied has been a member of the Nationwide family of companies since 1998, and is responsible for Nationwide's independent agency system.

  • From Legislative Counsel Legislative actions to be taken regarding SB660.  To clarify Illinois law and procedure, once the bill is sent to the Governor's action, he has 60 days to exercise one of three options: Veto; Amendatory Veto or Sign the bill.  As applied to SB660, my understanding from both the Department of Insurance and the Chief Senate Sponsor would be to not do an amendatory veto. We discussed they have put a lot of time into the legislation and want it to move forward.  As such, the bill (by way of default) is "signed" by the Governor due to no action/veto being taken.  Therefore, unlike some other states, inaction does not mean the bill is killed; rather, it becomes law.

    Next, SB660 is silent regarding an effective date. This means that the legislation will take effect on January 1, 2011, even though it will be "signed" by July 30, this summer.  Here is where we have the opportunity to run a "trailor bill" during the two week fall veto session 2010 (November 27- December 7).  This was the recommended and preferred method of both the sponsor and the Department of Insurance.  A "trailor bill" can be run through both chambers during the session with a new waiting period (14 or 30 days) and would then also be effective on January 1, 2011.  Our best approach would be to have the Department agree to the new time period, making the bill without opposition and best likely to move through the legislature without a problem.

    I have discussed the above strategy with the legislative liaison at the Illinois Department of Insurance and she stated that she would discuss with the Director and that they are open to our suggestions.  If you have any questions, please let don't hesitate to contact me. I will update you once I have further information.

    Regards,
    Jeannie Romas, AAPIA Lobbyists
     

  • Regardless of the state you are licensed to work, you need to know that many new laws are being "proposed" all across the nation where the Public Insurance Adjuster is licensed. We mention this to our members so that they can be made aware of what is happening and what you can do to get involved with your profession. AAPIA is your advocate on a national level - we monitor all state legislatures and regulations as they appear and immediately review and comment on the efficacy and impact it may have on your profession.