A new Committee Substitute version of SB 2264 was filed yesterday. Attached is the new version of the proposed bill and the staff analysis on the version.
The highlighted changes are:
- Changes the title of the bill from "an act relating to public adjusters" to "an act relating to property insurance claims";
- Changes the amount of compensation for a reopened or supplemental claim from 30 percent to 20 percent of the claim payment;
- Maintains current law that reopened or supplemental claims are not subject to other compensation cap limitations;
- Clarifies that one year after a declaration of emergency, the compensation cap that applies to non-emergencies goes into effect;
- Requires persons acting on behalf of an insurer to provide at least 48 hours’ notice to an insured or claimant, public adjuster, or legal representative prior to scheduling a meeting with the claimant or an onsite inspection of the insured property;
- Prohibits an insurer from excluding a public adjuster from an in-person meeting with the insured;
- Requires the insurer and the public adjuster to meet or communicate in an effort to reach an agreement as to the scope of the covered loss under the insurance policy;
- Prohibits a public adjuster from restricting or preventing an attorney, as well as other persons acting on behalf of the insurer, from having reasonable access at reasonable times to any insured or claimant or to the insured property;
- Provides that a licensed contractor or subcontract may not adjust a claim on behalf of an insured without being licensed and compliant as a public adjuster;
- Requires a public adjuster contract to be signed by all named insureds;
- Changes the effective date from July 1, 2010, to January 1, 2011.
The one thing I can promise is that nobody knows for certain what the final version will be when the legislative session comes to an end. We will post on developments.
