§636.22 INSUltANCE ADJUSTERS 2398

CHAPTER 636

INSURANCE ADJUSTERS

Short title. 636.33 Renewal of license. 636.34 Agent acting as adjuster; license; miscon-

636.22 636.23 636.24

Definitions. Insurance adjuster's license; claims in- duct.

vestigator's permit. 636.25 Application for license or permit. 636.26 Public adjuster's license; contents of ap­

plication; qualifications; bond. 636.27 Independent adjuster's license; contents of

application; qualifications. 636.28 Company employee adjuster's license; con­

tents of application; qualifications. 636.29 Temporary license. 636.30 Claims investigator's permit; application;

qualifications. 636.31 Nonresident adjuster's license; application;

qualifications. 636.32 Cancellation of license upon termination

of employment.

636.22 Short title.- This ch a pte r may be r eferred to in any legal proceedings as th e "insurance adju st er s law."

Rlstor:r.-Comp. §1, ch. W 640, 1955.

636.23 Definitions.-The words and phrases used in this chapter , a nd in proceedings pur­suant hereto, sha ll be constru ed as foll ows :

(1) "Commiss ioner " a nd "s t a t e treasurer" sha ll mean the treas urer of Florida .

(2) "Insured" 8h all mean any person, firm, pa rtnership, a8soc ia tion, corpor ation or oth er organization or g roup who obta ins insura nce other th an life, a nnuity, acc ident a nd health, from a noth er who is ca lled the insurer.

(3) "Contract s" or "policies of in suran ce" sha ll include a ll kinds of ins ura nce contracts or policies, oth er th an li f e, annuity, accident a nd health, including member shi p certificates and r eciprocal or interin8ura nce agr eements or contracts .

( 4) "Insurer" sha ll mean any per son, firm, pa rtnership, assoc iation, corpor ation or other organization or group who issues or enters into contracts or policies of insurance, other than life, annuity, accident and health, with another who is called the insured.

(5) "Public adjuster" shall mean any per­son, except a duly licensed attorney at law as hereinafter provided, who, for money, commis­sion, or any other thing of value, acts or aids in any manner on behalf of an insured in ne­gotiating for or effecting the settlement of a claim or claims for loss or damage covered by an insurance contract, other than life, an­nuity, accident and health, or who advertises for or solicits employment as an adjuster of such claims; and 8hall also include any person who, for money, commission or any other thing of value, solicits, investigates or adjusts such claims on behalf of any such public adjuster.

(6) "Independent adjuster" shall mean a person who is self-employed or is associated with or employed by an adjusting firm or other independent adjuster and who undertakes on behalf of an insurer to ascertain and deter­mine the amount of any claim, loss, or damage

636.35 Executive officers; attorney, agent for sub­scribers of reciprocal agreements, as adjusters.

636 .36 Attorneys at law not required to be li­censed.

636.37 Revocation, suspension, or refusal of license. 636.38 Notice and hearing before revocation, sus-

636.39 636.40 636.41 636.42 636.43 636.44

pension or refusal. Appeal. Catastrophe or emergency adjusters. Rules and regulations. License tax. Misrepresentations by adjuster. Penalty.

payabl e unde r any cont ract of insura nce, other th an life, annuity or accident a nd health, and/ or un dertakes t o effect settlement of such cl a im, loss or damage.

(7) "Company employee a djus ter" sha ll mean a person who is empl oyed on a n insurer's staff of adjust er s, a nd who undertakes on be­ha lf of such ins urer or oth E! r insurers under common control or owner ship t o ascertain and det ermin e the a mount of a ny cla im, loss or damage payable under any contract of insur­a nce, other tha n life, annuity, or acc ident a nd h ealth, a nd /or undertakes to effect settlement of such cla im, loss or damage.

(8) "Cla ims investigator" sha ll mea n a ny per son who is an employee of a currently li­censed independent adjus t er or adju sting firm or in surer and whose r espons ibilities sha ll be as defined a bove fo r a n independent adjust er or company employee a djus t er, and who will oper ate as a student or learner under the in­stru ction and supervis ion of a licensed insur­ance a djuster, except that such cla ims investi­gator shall not be permitted by his employer to negotiate settlements with the insured or claimant for amounts in excess of five hun­dred dollars.

! 9) "Non resident adjuster" shall mean a person who is not resident in this state and who is a currently licensed or authorized ad­juster in his home state for the type or kinds of insurance he intends to adjust claims for in this state, and who is an employee of an insurer admitted to do business in this state, and who does not maintain an office in this state for the purpose of adjusting losses in this state.

(10) "Catastrophe" or "emergency adjuster" shall mean a person who is not a licensed ad­juster under this chapter, but who has been designated and certified to the commissioner by insurers as qualified to adjust claims, losses, or damages under policies or contracts of insur­ance issued by such insurer, whom the com­missioner may permit, in the event of a catas­trophe or emergency, for the purposes and under the conditions which the commissioner

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shall fix and for the period of emergency the commissioner shall determine, to adjust claims, losses, or damages under the policies of in­surance issued by said insurers.

Wstor1.-Comp. §2, ch. 29640, 1955.

636.24 Insurance adjuster's license; claims investigator's permit.-Except as provided in this chapter, it shall be unlawful for any per­son in this state to hold himself out as an in­surance adjuster or claims investigator or per­form any of the functions of an insurance ad­juster or claims investigator unless he has paid the license tax or registration fee imposed by this chapter and is possessed of a current license or permit, duly issued pursuant to the requirements of these sections, and then only to the extent authorized by such license or permit.

mstory.-Comp. §3, ch. 296t0, 1955.

636.25 Application for license or permit.­(1) (a) Each applicant for a license as a

public adjuster, independent adjuster, company employee adjuster, and each applicant for a permit as a claims investigator, shall file with the commissioner his application therefor on a form to be prescribed and furnished by the commissioner. The form of the application shall be at the discretion of the commissioner, but it shall be so prepared as to elicit and require from the applicant necessary information for the commissioner to determine whether or not the applicant possesses the qualifications pre­requisite to issuance of such license or permit to him as set forth in these sections. Each such application shall be sworn to by the applicant. The commissioner may require that such ap­plication be supplemented by certificate or af­fidavit of such person or persons as shall be deemed by the commissioner necessary for his determination of the applicant's business repu­tation and reputation for trustworthiness, and the forms of any such supporting certificates or affidavits shall be prescribed and furnished by the commissioner.

(b) The commissioner shall subject the ap­plicant for adjuster's license to written exami­nation testing such qualifications, which ex­amination shall be held in the commissioner's offices where an adequate and designated ex­amination room is available. Each applicant shall be entitled to take the examination at such of the said offices which is located closest to his place of residence and shall be conducted by the commissioner or any salaried employee of the commissioner appointed by him to rep­resent him for such purposes.

(2) Should the commissioner determine that any applicant is not possessed of qualifications as this chapter requires, or if any applicant shall fail the required examination, the com­missioner shall notify the applicant of this action promptly. Such applicant may not file a new application for license of the same type and class until the expiration of at least sixty days from the date of ;;uch notice.

INSURANCE ADJUSTERS §636.26

(3) The employer of any adjuster or claims investigator as referred to in subsection (1) of this section, and the employer of a non­resident adjuster as defined in §636.23, shall secure and keep on file a full, detailed credit and/or character report on each individual qualifying for the first time and appointed on or after the effective date of this chapter, and shall furnish to the commissioner within sixty days after such appointment, on a form fur­nished by him, such information as the com­missioner may reasonably require in connec­tion therewith. The commissioner shall secure a full, detailed credit and/or character report in connection with the initial application for an adjuster's license referred to in subsection (1) of this section in those instances where such adjuster is not to be an employee of an insurer or another licensed adjuster. Informa­tion so furnished the commissioner or secured by him shall be privileged and shall not be used as evidence in any action against the in­surer or other persons furnishing such infor­mation.

( 4) Each license or permit issued shall set forth the type and class of coverage with re­spect to which the holder is authorized to act as insurance adjuster or claims investigator.

(5) No person shall be entitled to hold simultaneously a license or permit in more than one of the types or categories of licenses or permits authorized under the provisions of this chapter.

Wstor1.-Comp. §4, ch. 29640, 1955.

636.26 Public adjuster's license; contents of application; qualifications; bond.-The com­missioner shall issue a license to an applicant for a public adjuster's license upon a determi­nation by the commissioner that the applicant has paid the license tax required by this chap­ter and possesses the following qualifications:

(1) That the applicant has been a bona fide resident of this state for one year imme­diately preceding the date of the filing of the application, and be twenty-one years of age.

(2) That the applicant is trustworthy and has such business reputation as to reasonably assure that he will conduct his business as in­surance adjuster fairly and in good faith and without detriment to the public.

(3) Each applicant must have had suffi­cient experience, training, or instruction con­cerning the adjusting of damages, or losses un­der insurance contracts, other than life, an­nuity, accident and health, and be sufficiently informed as to the terms and the effects of the provisions of those types of insurance con­tracts and possess adequate knowledge of the laws of this state relating to such insurance contracts as to enable and qualify him to en­gage in such business of insurance adjuster fairly and without injury to the public or any member thereof with whom he may have busi­ness as a public adjuster. ·

r 4) Each applicant must take and pass an

§636.27 INSURANCE ADJUSTERS

examination covering adjusting in all lines of insurance, other than life, annuity, accident and health.

(5) The applicant shall file a bond executed and issued by a surety company authorized to do business in this state in the penal sum of five thousand dollars, conditioned for the faith­ful performance of his duties as a public ad­juster pursuant to such license. Such bond shall be made to the state treasurer as insurance commissioner ex officio and shall specifically authorize recovery by the commissioner of the damages sustained in case the licensee shall be guilty of fraud or unfair practices in connection with his business as public ad­juster; provided, however, that the aggregate liability of the surety for all such damages shall in no event exceed the penal sum of said bond.

(6) A person who has been licensed by the commissioner as an independent or company employee adjuster for all fire and allied lines, casualty and surety insurance, a public ad­juster, or an insurance agent licensed to write all lines of fire and allied lines, casualty and surety insurance may be licensed as a public adjuster without additional examination, pro­vided his application for license is filed with the commissioner within twelve months follow­ing date of cancellation or expiration of such prior license.

Blstory.--Comp. §5, ch. 29640, 1955.

636.27 Independent adjuster's license; con­tents of application; qualifications.-The com­missioner shall issue a license to an applicant for an independent adjuster's license upon the determination by the commissioner that the applicant has paid the license tax required by this chapter and possesses the following quali­ficatiom;:

(1) That the applicant has been a bona fide resident of this state for one year immediately preceding the date of filing of the application, and be twenty-one years of age. The require­ment for one year bona fide residence in this state may be waived by the commissioner pro­vided the applicant is an employee of an ad­juster licensed by the commissioner or an em­ployee of an adjusting firm or corporation su­pervised by a currently licensed adjuster.

(2) That the applicant is trustworthy and has such business reputation as to reasonably assure that he will conduct his business as in­surance adjuster fairly and in good faith and without detriment to the public.

(3) That the applicant must have had suf­ficient experience, training, or instruction con­cerning the adjusting of damage or loss under insurance contracts, other than life, annuity, accident and health, and is sufficiently in­formed as to the terms and the effect of the provisions of those types of insurance con­tracts and possesses adequate knowledge of the insurance laws of this state relating to such insurance contracts as to enable and qualify him to engage in such business of insurance

2400

adjuster fairly and without injury to the pub­lic or any member thereof with whom he may have relations as an insurance adjuster, and shall adjust all claims in accordance with the policy contract and the insurance laws of the state.

( 4) That the applicant must take and pass to the satisfaction of the commissioner an ex­amination in writing given by the commissioner a8 a test of his qualifications and competence. Such examination shall cover adjusting in all lines of insurance other than life, annuity and accident and health.

(5) A person who has been licensed by the commissioner as an independent adjuster, company employee adjuster for all fire and al­lied lines, casualty, and surety insurance, a public adjuster, or an insurance agent licensed to write all lines of fire and allied lines, cas­ualty and surety insurance may be licensed as an independent adjuster without additional written examination, provided his application for license is filed with the commissioner with­in twelve months following date of cancella­tion or expiration of such prior license.

(6) On September 30, 1955, any person li­censed as an independent adjuster for any class of insurance, except accident and health, shall be qualified 'to be licensed as an independent adjuster for all classes of insurance without further examination, provided such licensee shall make application therefor prior to Janu­ary 1, 1956.

History .-Comp. § 6, ch. 29640, 1955.

636.28 Company employee adjuster's li­cense; contents of application; qualifications. -The commissioner shall issue a license to an applicant for company employee adjuster's li­cense upon the determination by the commis­sioner that the applicant has paid the license tax required by this chapter and possesses the following qualifications:

(1) That the applicant is a bona fide resi­dent of this state and is twenty-one years of age.

(2) That the applicant is trustworthy and has such business reputation as to reasonably assure that he will conduct his business as in­surance adjuster fairly and in good faith and without detriment to the public.

(3) That the applicant must have had suf­ficient experience, training, or instruction con­cerning the adjusting of damage or loss of risks described in his application and is suf­ficiently informed as to the terms and the ef­fect of the provisions of those types of insur­ance contracts covering such risks, and pos­sesses adequate knowledge of the insurance laws of this state relating to such insurance contracts as to enable and qualify him to en­gage in such business of insurance adjuster fairly and without injury to the public or any member thereof with whom he may have re­lations as an insurance adjuster, and shall adjust all claims in accordance with the policy contract and the insurance laws of the state.

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(4) The applicant must take and pass to the satisfaction of the commissioner an exami­nation in writing given by the commissioner as a test of his qualifications and competence. Such examination shall cover adjusting in all lines of insurance other than life, annuity and accident and health, or in accordance with the application, such examination may be limited to adjusting in (a) automobile physical dam­age; (b) fire and allied lines including marine; (c) casualty; (d) workmen's compensation; (e) boiler and machinery; or any combination of the aforementioned lines.

(5) A person who has been licensed by the commissioner as an independent adjuster, com­pany employee adjuster for all fire and allied lines, casualty and surety insurance, a public adjuster, or an insurance agent licensed to write all lines of fire and allied lines, casualty and surety insurance may be licensed as a company employee adjuster for any line men­tioned in the preceding subsection without ad­ditional written examination, provided his ap­plication for license is filed with the commis­sioner within twelve months following date of cancellation or expiration of such prior license.

(6) A person who has been licensed by the commissioner as a company employee adjuster for automobile physical damage,4:ire and allied lines including marine, casualty, workmen's compensation, boiler and machinery or any combination of the aforementioned lines may be licensed as a company employee adjuster for the same lines without additional written examination, provided his application for li­cense is filed with the commissioner within twelve months following date of cancellation or expiration of such prior license.

(7) On September 30, 1955, the commis­sioner, in his discretion, may classify those company employee adjusters who hold limited licenses other than those enumerated above in subsection (6) as company employee adjusters for the line or lines most closely corresponding to the limited classifications mentioned in sub­section (6). Such classification bv the com­missioner shall be made without the require­ment of further written examination by the licensee, provided such license is applied for prior to January 1, 1956.

History.-Comp. §7, ch. 29640, 1955.

636.29 Temporary Iicense.-An applicant may be licensed by the commissioner as an in­dependent adjuster or company employee ad­juster for a period of sixty days, provided the applicant is an employee of an adjuster cur­rently licensed by the commissioner, or an em­ployee of an insurer admitted to do business in this state, or an employee of an established ad­justing firm or corporation which is supervised by a currently licensed independent adjuster, and whose application shall be accompanied by a certificate of employment and a report as to applicant's integrity and moral character on a form to be prescribed by the commissioner and executed by the employer, and provided

INSURANCE ADJUSTERS §636;30

that one or more of the following reasons or conditions are present, or such other reasons or conditions as in the discretion of the com­missioner may reasonably necessitate the issu­ance of such license:

(1) Absence of licensed employee adjuster by reason of death, illness, or other disability, call to military service, vacation, insurance or adjusting schools.

(2) Opening of new offices or expansion of operation on temporary basis and/or unusual or seasonal influx of claims or losses requiring larger staff temporarily.

(3) Termination of license of an employee adjuster.

( 4) Losses or claims involving specialized policies or risks requiring the services of a specially trained adjuster.

Any such reason or condition shall be certi­fied by the employer. In no event shall an ad­juster licensed hereunder adjust losses in this state after expiration of the sixty-day tem­porary period without having passed the writ­ten examination prescribed by this chapter. If, during this sixty-day period, the applicant passes the examination such license shall re­main in effect subject to the provisions of §636.33, provided the licensee remains continu­ously employed as indicated above under the supervision of a licensed adjuster or who is an employee of an insurer admitted to do business in this state, and the licensee resides continu­ously in this state for one year. If the renewal date for such license occurs during the tem­porary period, the license may be renewed as a temporary license but not for a period greater than the number of days remaining in such sixty-day period.

History.-Comp. §8, ch. 29640, 1955.

636.30 Claims investigator's permit; appli­cation; qualifications.-Upon the filing of an application for a permit as claims investigator and the advance payment of the registration fee required by this chapter, the commissioner may issue such permit to be effective for six ·months from the date of its issue without a require­ment of any other or additional license, pro­vided that not more than one claims investiga­tor's permit shall ever be issued to one indi­vidual, and provided further:

(1) That the applicant is trustworthy and has such business reputation as to reasonably assure that he will conduct his business as claims investigator fairly and in good faith and without detriment to the public.

(2) That the applicant's employer will be responsible for the adjustment acts of the claims investigator during the six months learning period.

(3) That the applicant must have had suf­ficient instruction concerning the investiga­tion of damage or loss of risks described in his application, and is sufficiently informed as to the terms and the effect of the provisions of those types of insurance contracts covering

636Jl1 . INSURANCE ADJUSTERS

such risks, and possesses adequate knowledge of the insurance laws of this state relating to such insurance contracts as to enable and qualify him to engage in such business of claims investigator, and shall investigate all claims in accordance with the policy contract and the insurance laws of the state.

(4) That the application shall be accom­panied by a certificate of employment and a re­port as to the applicant's integrity and moral character, on a form to be prescribed by the commissioner and executed by the employer.

(5) That the applicant file application for and take an appropriate adjuster's examination as provided in §636.25, given by the commis­sioner within six months from the date the per­mit is issued. Such permit shall be automatic­ally revoked if the applicant fails to take and pass such examination within six months. If, during this six months period, the applicant passes the examination, the commissioner shall, upon receipt of adjuster's license tax, issue to him a license as independent adjuster or com­pany employee adjuster.

Hlstory.-Comp. §9, ch. 29640, 1955.

636.31 Nonresident adjuster's license; ap­plication; qualifications.-The commissioner shall, upon application therefor, issue a license to an applicant for a nonresident adjuster's license upon the determination by the commis­sioner that the applicant has paid the license tax required by this chapter and possesses the following qualifications:

(1) That he is a currently licensed insur­ance adjuster in his home state, if such state requires a license.

(2) That he is an employee of an insurer admitted to do business in this state.

(3) That he does not maintain an office in this state for the purpose of adjusting losses in this state.

( 4) That he has filed a certificate or letter of authorization from the insurance department of his home state, if such state requires an ad­juster to be licensed, stating that he holds a current license or authorization to adjust in­surance losses. Such certificate or authoriza­tion must be signed by the insurance commis­sioner, or his deputy, of the adjuster's home state and reflect whether or not the adjuster has ever had his license or authorization in his home state suspended or revoked and if such is the case, the reason for such action.

History.-Comp. §10, ch. 29640, 1955.

636.32 Cancellation of license upon termina­tion of employment.-The employer of any li­censee under this chapter shall within thirty days notify the commissioner of any termina­tion and reason therefor, if any, of said li­censee's employment and the license shall thereupon be cancelled. Such information fur­nished the commissioner relative to the termi­nation of such employment shall be privileged and shall not be used in any action against the employer.

History .-Comp. § 11, ch. 29640, 1955.

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636.33 Renewal of license.-Each license is­sued under this chapter shall expire annually on September 30, unless, prior thereto it is re­voked or cancelled pursuant to the provisions of this chapter. License renewals shall be is­sued from year to year upon the request of the licensee's employer. Licensees who are self­employed, such as public and independent ad­justers, shall request such renewals; provided that all licensees are holding an unrevoked and unsuspended license for the expiring year and have paid the license tax required by this chapter. The commissioner, for cause, may subject an applicant for renewal of license to an examination relative to his qualifications, who:

(1) Has had his license suspended or re­voked in pursuance of the provisions of this chapter, or

(2) Is a former licensee who has not held a license within twelve months immediately preceding the date of filing the application for renewal.

(3) A former licensee who held a current and valid license at the time of entering mili­tary service may be issued a license of the same class without further examination, provided this law permits the issuance of such license, and further provided that application therefor shall be made within twelve months following date of honorable discharge from such military service. If such former licensee held a class of license for which there is no provision under this law, the commissioner, in his discretion, may issue the applicant a license most closely corresponding to the class formerly held, pro­vided application therefor is made within three months following date of honorable discharge from military service; provided, however, that the period of military service shall not exceed five years.

History.-Comp. §12, ch. 29640, 1955.

636.34 Agent acting as adjuster; license; misconduct.-Any person in this state who holds a current license as an agent of an in­surer in this state may adjust losses for such insurer in this state without the requirement of obtaining a license under these sections; a person holding a current license as a solicitor shall not adjust losses unless licensed as an adjuster. Should any such insurance agent act­ing as an adjuster for the insurer he repre­sents engage in any of the misconduct de­scribed in §636.37, such conduct shall consti­tute grounds for the suspension or revocation of such agent's license.

History.-Comp. §13, ch. 29640, 1955.

636.35 Executive officers; attorney, agent for subscribers of reciprocal agreements, as adjusters.-N othing in this chapter shall be construed to prevent the executive officer of any insurer, or the duly designated attorney or agent authorized and acting for subscribers to reciprocal or interinsurance agreements as con­templated by chapter 628, from adjusting any

2403

claim, loss or damage under any insurance con­tract of such insurer. Should any such officer, attorney or agent, in connection with the ad­justment of any such claim, loss or damage, engage in any of the misconduct described in or contemplated by §636.37, the commissioner may suspend or revoke the certificate of au­thority of such insurer to engage in business in this state, after charges preferred, notice and hearing provided herein for revocation or suspension of an adjuster's license. Any such order of the commissioner suspending such a certificate of authority shall be for a stated period to be set forth in such order. No insurer whose certificate has been so revoked shall be entitled to renewa:l :· thereof until the commis­sioner shall be satisfied that thereafter such insurer will not SlJffer or permit its officer, attorney or agent to engage in such miscon­duct. During any such period of suspension or revocation, such insurer ·shall not engage in business in this .state.

History.-Comp. §14. ch. 29640, 1955.

636.36 Attorneys at law not required to be licensed.-Attorneys at law duly licensed to practice law in the courts of this state, and in good standing with the Florida bar, shall not be required to be licensed under the provisions of this chapter to authorize them to adjust or participate in the adjustment of any claim, loss or damage arising under policies or con­tracts of insurance.

History.-Comp. §15, ch. 29640, 1955.

636:17 Revocation, suspension, or refusal of license.-A license or permit which has been issue:d may be revoked, suspended, or the an­nmd renewal thereof refused by the commis­sioner if he finds that the holder of such license or permit:

<I) Has made a material misrepresentation in his application for license or permit or has resorted to fraud or misrepresentation to obtain such license or permit; or

(2) Has materially misrepresented to an in-1--ured or other interested party the terms and coverage of a contract or policy of insurance with intent and for the purpose of effecting ~ettlement of claim for loss or damage under such policy on less favorable terms than those provided in and contemplated by the contract or policy; or

( :n Has been convicted of a felony; or (4) Has been guilty of fraudulent or dis­

honest practices in his business as an insurance adjuster or claims investigator, or has other­wise demonstrated lack of trustworthiness or competence to engage in such business.

History.-Comp. §16, ch. 29640, 1955.

636.38 Notice and hearing before revoca­tion, suspension or refusal.-Before the com­missioner shall revoke, suspend or refuse to re­new any such license or permit upon any of the charges enumerated above in §636.37, he shall give to the licensee written notice of the charge or charges against the licensee and of

INSURANCE ADJUSTERS §636.40

a hearing to be held with respect thereto at a time and place to be fixed in said notice, not less than thirty days subsequent to the giving of such notice. Said notice shall be forwarded by registered mail to the address of the licensee shown by the records of the commissioner's of­fice. At the hearing in pursuance of such notice, the licensee may appear, interrogate witnesses produced against him, testify and produce evi­dence, and he may represent himself or be rep­resented by an attorney. In the conduct of such hearing the commissioner, or any regular sal­aried employee of the insurance department of Florida designated by the commissioner, shall have the power to subpoena witnesses, admin­ister oaths, examine any person under oath, and require the production of books, records and papers relevant to the inquiry. Such pro~ ceedings shall be reduced to writing, and upon termination thereof and as soon as practicable thereafter, the commissioner shall make his findings and determinations with respect to the matters of inquiry at said hearing, which findings and determinations shall be filed in the commissioner's office, and a copy tp,~reof sent by registered mail to the licensee.

Any order of the commissioner, pursuant to any sµch hearing, suspending the license or permit of a licensee shall set forth the specific period of s1,1spension, and during such period the licensee shall not engage in his business as an insurance adjuster or claims investigator. If by any such order the commissioner shall revoke or refuse to renew any such license or permit, the licensee so affected shall not be permitted to file another application for Ji.; cense or permit within one year from t,he effec.; tive date of the commissioner's order of revoca~ tion or refusal to rene,v, or if judicial review is sought, within one year from the date of final court order or decree affirming such order of the commissioner.

History.-Comp. §17, ch. 29640, 1955.

636.39 Appeal.-Within thirty days after entry of order of the commissioner revoking, suspending or refusing to renew a license or permit or refusing to grant a license or permit, the person aggrieved thereby may appeal from any such order of the commissioner to the cir­cuit court of the county wherein the person aggrieved resides; and thereafter such pro­ceedings shall proceed as in the case of any other civil cause.

History .-Comp. § 18, ch. 29640, 1955.

636.40 Catastrophe or emergency adjusters. -In the event of a catastrophe or emergency, the commissioner may issue a permit, for the purposes and under the conditions which he shall fix and for the period of emergency as he shall determine, to persons who are residents or nonresidents of this state and who are not licensed adjusters under this chapter but who have been designated and certified to him as qualified to act as adjusters by independent resident adjusters or by insurers to adjust claims, or by duly licensed fire, casualty, ma-

§636.41 INSURANCE ADJUSTERS

rine and surety insurance agents, losses or damages under policies or contracts of insur­ance issued by such insurers. Should any per­son not a licensed adjuster who has been per­mitted to adjust such losses, claims or damages under the conditions and circumstances set forth in the preceding sentence of this section, engage in any of the misconduct described in or contemplated by §636.37, the commissioner, without notice and hearing, shall be authorized to issue his order denying such person the privileges granted under this section, and thereafter it shall be unlawful for any such person to adjust any such losses, claims or dam­ages in this state.

Hlstoey.-Comp. § 19, ch. 296t0, 1955.

630:41 Rules and regulations.-The commis­sioner may promulgate such reasonable rules and regulations as may be necessary for the proper administration of this chapter, includ­ing a code of ethics to foster the education of adjusters concerning the ethical, legal and business principles which should govern their conduct.

Hiotory.-Comp. §20, ch. 29640, 1955.

636.42 License tax.-( I) Each applicant for license within the

purview of this chapter shall pay to the com­missioner a license tax of ten dollars per an­num, and an applicant for a permit to be a catastrophe or emergency adjuster or claims investigator shall pay to the commissioner a registration fee of five dollars, and the receipt of such tax or registration fee by the insur­ance commissioner shall be a condition prece­dent for issuance to an applicant a license, or permit, or an annual renewal of license as contemplated by this chapter.

(2) Each applicant for an examination with-

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in the purview of this chapter shall pay to the commissioner an application fee of ten dollars, and the receipt of such fee shall be a condition precedent to the taking of the examination by the applicant.

Hlstory.-Comp. §21, ch. 29640, 1956.

636.43 Misrepresentations by adjuster.-It shall be unlawful for any person in connection with adjusting any claim, loss or damage under a contract or policy of insurance to misrepre­sent to an insured or any other person having an interest in the proceeds payable under such contract or policy, the terms, coverage or effect of such contract or policy, for the purpose and with the intent of effecting settlement of such claim, loss or damage under such contract or policy on less favorable terms than those pro­vided in and contemplated by such contract or policy.

History .-Comp. §22, ch. 29640, 1955.

636.44 Penalty.-Any person violating the provisions of this chapter shall, in addition to any other penalty specifically provided, be guilty of a misdemeanor, and upon conviction thereof be fined not more than $500.00 or im­prisoned not more than six months, or by both such fine and imprisonment, in the discretion of the court; and each violation of this chapter shall constitute a separate offense. Any such conviction of an insurance adjuster or claims investigator or an insurance agent hereunder shall effect an immediate revocation of said ad­juster's, investigator's, or agent's license, and thereafter such adjuster, investigator, or agent shall occupy the same status as though his li­cense had been revoked by the commissioner in due revocation proceedings as provided by law.

Hlstory.-Comp. §23, ch. 29840, 1955.