{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/38.2-1845.12.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/38.2-1845.12.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/38.2-1845.12.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/38.2-1845.12.html"}],"law_id":75278,"edition_id":1,"section_id":75278,"structure_id":14212,"section_number":"38.2-1845.12","catch_line":"Standards of conduct for public adjusters","history":"2012, cc. 734, 735; 2019, c. 627; 2022, c. 188.","full_text":"A\n\nA public adjuster shall be fair and honest in any and all respects in any communications with an insured and with an insurer or its representatives.B\n\nNo person except a public adjuster duly licensed under this article shall:1\n\nAccept a commission, fee, or other compensation for investigating or settling claims;2\n\nPrepare, complete, or file an insurance claim on behalf of an insured;3\n\nAid or act on behalf of an insured in negotiating for or effecting the settlement of a claim for loss or damage covered by an insurance contract;4\n\nAdvertise for employment as a public adjuster; or5\n\nSolicit, investigate, or adjust a claim on behalf of a public adjuster or an insured.C\n\nNo public adjuster shall have a financial interest in any aspect of an insured’s claim other than the salary, fee, commission, or compensation that may be established in the written contract between the insured and the public adjuster. For the purposes of this subsection, “financial interest” includes participation by a public adjuster, directly or indirectly, in the reconstruction, repair, or restoration of damaged property that is the subject of a claim adjusted by that public adjuster.D\n\nNo public adjuster shall refer or direct an insured needing repairs or other services in connection with a loss to any person in which the public adjuster has an ownership interest nor to any person who will or is reasonably anticipated to provide the public adjuster with any direct or indirect compensation for the referral of any resulting business.E\n\nNo public adjuster shall prevent or attempt to dissuade an insured from communicating with an insurer, the insurer’s adjuster, an independent adjuster representing the insurer, an attorney, or any other person regarding the settlement of the insured’s claim.F\n\nThe public adjuster’s full consideration for the public adjuster’s services shall be stated in the written contract with the insured. If the consideration is based on a share of the insurance proceeds, the exact percentage shall be specified.G\n\nAny choice of counsel to represent the insured shall be made solely by the insured.H\n\nNo public adjuster shall settle a claim unless the terms and conditions of the settlement are approved by the insured in writing.I\n\nNo public adjuster shall acquire any interest in salvage property except with the express written permission of the insured after settlement with the insurer.J\n\nNo public adjuster shall permit an unlicensed employee or representative of the public adjuster to conduct business for which a license is required under this article.K\n\nNo public adjuster shall represent or act as a company adjuster or independent adjuster on the same claim.L\n\nNo public adjuster shall enter into a contract or accept a power of attorney that vests in the public adjuster the effective authority to choose the persons who shall perform repair work.M\n\nNo public adjuster shall solicit or attempt to solicit a client during the progress of a loss producing occurrence as covered by the insurance contract.N\n\nNo public adjuster shall solicit a client for employment from 8:00 p.m. to 8:00 a.m. daily.O\n\nA public adjuster shall notify, in writing, the insured or claimant in advance of the name and location of any proposed contractor, architect, engineer, or similar professional before any bid or proposal by any of these persons may be used by the public adjuster in estimating the loss. The insured or claimant may exercise veto power of any of these persons, in which case that person shall not be used in estimating costs.P\n\nA public adjuster shall ensure that any professional used in formulating estimates, the practice of whose profession in the Commonwealth requires a license issued pursuant to Title 54.1, including any architect or engineer as defined in § 54.1-400 and any contractor as defined in § 54.1-1100, holds a current license from the appropriate licensing authority of the Commonwealth.Q\n\nNo person shall advertise or promise to pay or rebate all or any portion of any insurance deductible as an inducement to the sale of the services of a public adjuster. As used in this subsection, the term “promise to pay or rebate” includes (i) granting any allowance or offering any discount against the fees to be charged, including, but not limited to, an allowance or discount in return for displaying a sign or other advertisement at the insured’s premises or (ii) paying the insured or any person directly or indirectly associated with the property any form of compensation, gift, prize, bonus, coupon, credit, referral fee, or other item of monetary value for any reason.R\n\nNo public adjuster shall engage in any activity that may reasonably be construed as a conflict of interest, including soliciting or accepting any remuneration of any kind or nature, directly or indirectly, except as set forth in a public adjusting contract with an insured.","order_by":null,"text":{"0":{"id":270304,"text":"A public adjuster shall be fair and honest in any and all respects in any communications with an insured and with an insurer or its representatives.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":270305,"text":"No person except a public adjuster duly licensed under this article shall:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"B1"},"2":{"id":270306,"text":"Accept a commission, fee, or other compensation for investigating or settling claims;","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"3":{"id":270307,"text":"Prepare, complete, or file an insurance claim on behalf of an insured;","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"B3"},"4":{"id":270308,"text":"Aid or act on behalf of an insured in negotiating for or effecting the settlement of a claim for loss or damage covered by an insurance contract;","type":"section","prefixes":["B","3"],"prefix":"3","entire_prefix":"B3","prefix_anchor":"B3","level":2,"prior_prefix":"B2","next_prefix":"B4"},"5":{"id":270309,"text":"Advertise for employment as a public adjuster; or","type":"section","prefixes":["B","4"],"prefix":"4","entire_prefix":"B4","prefix_anchor":"B4","level":2,"prior_prefix":"B3","next_prefix":"B5"},"6":{"id":270310,"text":"Solicit, investigate, or adjust a claim on behalf of a public adjuster or an insured.","type":"section","prefixes":["B","5"],"prefix":"5","entire_prefix":"B5","prefix_anchor":"B5","level":2,"prior_prefix":"B4","next_prefix":"C"},"7":{"id":270311,"text":"No public adjuster shall have a financial interest in any aspect of an insured’s claim other than the salary, fee, commission, or compensation that may be established in the written contract between the insured and the public adjuster. For the purposes of this subsection, “financial interest” includes participation by a public adjuster, directly or indirectly, in the reconstruction, repair, or restoration of damaged property that is the subject of a claim adjusted by that public adjuster.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B5","next_prefix":"D"},"8":{"id":270312,"text":"No public adjuster shall refer or direct an insured needing repairs or other services in connection with a loss to any person in which the public adjuster has an ownership interest nor to any person who will or is reasonably anticipated to provide the public adjuster with any direct or indirect compensation for the referral of any resulting business.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"9":{"id":270313,"text":"No public adjuster shall prevent or attempt to dissuade an insured from communicating with an insurer, the insurer’s adjuster, an independent adjuster representing the insurer, an attorney, or any other person regarding the settlement of the insured’s claim.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"10":{"id":270314,"text":"The public adjuster’s full consideration for the public adjuster’s services shall be stated in the written contract with the insured. If the consideration is based on a share of the insurance proceeds, the exact percentage shall be specified.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"11":{"id":270315,"text":"Any choice of counsel to represent the insured shall be made solely by the insured.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F","next_prefix":"H"},"12":{"id":270316,"text":"No public adjuster shall settle a claim unless the terms and conditions of the settlement are approved by the insured in writing.","type":"section","prefixes":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G","next_prefix":"I"},"13":{"id":270317,"text":"No public adjuster shall acquire any interest in salvage property except with the express written permission of the insured after settlement with the insurer.","type":"section","prefixes":["I"],"prefix":"I","entire_prefix":"I","prefix_anchor":"I","level":1,"prior_prefix":"H","next_prefix":"J"},"14":{"id":270318,"text":"No public adjuster shall permit an unlicensed employee or representative of the public adjuster to conduct business for which a license is required under this article.","type":"section","prefixes":["J"],"prefix":"J","entire_prefix":"J","prefix_anchor":"J","level":1,"prior_prefix":"I","next_prefix":"K"},"15":{"id":270319,"text":"No public adjuster shall represent or act as a company adjuster or independent adjuster on the same claim.","type":"section","prefixes":["K"],"prefix":"K","entire_prefix":"K","prefix_anchor":"K","level":1,"prior_prefix":"J","next_prefix":"L"},"16":{"id":270320,"text":"No public adjuster shall enter into a contract or accept a power of attorney that vests in the public adjuster the effective authority to choose the persons who shall perform repair work.","type":"section","prefixes":["L"],"prefix":"L","entire_prefix":"L","prefix_anchor":"L","level":1,"prior_prefix":"K","next_prefix":"M"},"17":{"id":270321,"text":"No public adjuster shall solicit or attempt to solicit a client during the progress of a loss producing occurrence as covered by the insurance contract.","type":"section","prefixes":["M"],"prefix":"M","entire_prefix":"M","prefix_anchor":"M","level":1,"prior_prefix":"L","next_prefix":"N"},"18":{"id":270322,"text":"No public adjuster shall solicit a client for employment from 8:00 p.m. to 8:00 a.m. daily.","type":"section","prefixes":["N"],"prefix":"N","entire_prefix":"N","prefix_anchor":"N","level":1,"prior_prefix":"M","next_prefix":"O"},"19":{"id":270323,"text":"A public adjuster shall notify, in writing, the insured or claimant in advance of the name and location of any proposed contractor, architect, engineer, or similar professional before any bid or proposal by any of these persons may be used by the public adjuster in estimating the loss. The insured or claimant may exercise veto power of any of these persons, in which case that person shall not be used in estimating costs.","type":"section","prefixes":["O"],"prefix":"O","entire_prefix":"O","prefix_anchor":"O","level":1,"prior_prefix":"N","next_prefix":"P"},"20":{"id":270324,"text":"A public adjuster shall ensure that any professional used in formulating estimates, the practice of whose profession in the Commonwealth requires a license issued pursuant to Title 54.1, including any architect or engineer as defined in § 54.1-400 and any contractor as defined in § 54.1-1100, holds a current license from the appropriate licensing authority of the Commonwealth.","type":"section","prefixes":["P"],"prefix":"P","entire_prefix":"P","prefix_anchor":"P","level":1,"prior_prefix":"O","next_prefix":"Q"},"21":{"id":270325,"text":"No person shall advertise or promise to pay or rebate all or any portion of any insurance deductible as an inducement to the sale of the services of a public adjuster. As used in this subsection, the term “promise to pay or rebate” includes (i) granting any allowance or offering any discount against the fees to be charged, including, but not limited to, an allowance or discount in return for displaying a sign or other advertisement at the insured’s premises or (ii) paying the insured or any person directly or indirectly associated with the property any form of compensation, gift, prize, bonus, coupon, credit, referral fee, or other item of monetary value for any reason.","type":"section","prefixes":["Q"],"prefix":"Q","entire_prefix":"Q","prefix_anchor":"Q","level":1,"prior_prefix":"P","next_prefix":"R"},"22":{"id":270326,"text":"No public adjuster shall engage in any activity that may reasonably be construed as a conflict of interest, including soliciting or accepting any remuneration of any kind or nature, directly or indirectly, except as set forth in a public adjusting contract with an insured.","type":"section","prefixes":["R"],"prefix":"R","entire_prefix":"R","prefix_anchor":"R","level":1,"prior_prefix":"Q"}},"ancestry":[{"id":14212,"edition_id":1,"name":"Licensing of Public Adjusters","identifier":"4.1","label":"article","depth":3,"order_by":1,"parent_id":13203,"metadata":{},"date_created":"2026-06-26 03:47:17","date_modified":"2026-06-26 03:47:17","permalink":{"id":212641,"object_type":"structure","relational_id":14212,"identifier":"4.1","token":"38.2\/18\/4.1","url":"\/38.2\/18\/4.1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13203,"edition_id":1,"name":"Insurance Agents","identifier":"18","label":"chapter","depth":2,"order_by":1,"parent_id":12698,"metadata":{},"date_created":"2026-06-26 03:44:26","date_modified":"2026-06-26 03:44:26","permalink":{"id":212411,"object_type":"structure","relational_id":13203,"identifier":"18","token":"38.2\/18","url":"\/38.2\/18\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12698,"edition_id":1,"name":"Insurance","identifier":"38.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":210661,"object_type":"structure","relational_id":12698,"identifier":"38.2","token":"38.2","url":"\/38.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":58484,"structure_id":14212,"section_number":"38.2-1845.1","catch_line":"Definitions","url":"\/38.2-1845.1\/","token":"38.2\/18\/4.1\/38.2-1845.1","metadata":false},{"id":73810,"structure_id":14212,"section_number":"38.2-1845.10","catch_line":"Grounds for placing on probation, refusal to issue or renew, revocation, or suspension of license","url":"\/38.2-1845.10\/","token":"38.2\/18\/4.1\/38.2-1845.10","metadata":false},{"id":87101,"structure_id":14212,"section_number":"38.2-1845.11","catch_line":"Termination, suspension, or revocation of license","url":"\/38.2-1845.11\/","token":"38.2\/18\/4.1\/38.2-1845.11","metadata":false},{"id":75278,"structure_id":14212,"section_number":"38.2-1845.12","catch_line":"Standards of conduct for public adjusters","url":"\/38.2-1845.12\/","token":"38.2\/18\/4.1\/38.2-1845.12","metadata":false},{"id":67841,"structure_id":14212,"section_number":"38.2-1845.13","catch_line":"Contract between public adjuster and insured","url":"\/38.2-1845.13\/","token":"38.2\/18\/4.1\/38.2-1845.13","metadata":false},{"id":76560,"structure_id":14212,"section_number":"38.2-1845.14","catch_line":"Fees","url":"\/38.2-1845.14\/","token":"38.2\/18\/4.1\/38.2-1845.14","metadata":false},{"id":80102,"structure_id":14212,"section_number":"38.2-1845.15","catch_line":"Record retention","url":"\/38.2-1845.15\/","token":"38.2\/18\/4.1\/38.2-1845.15","metadata":false},{"id":75597,"structure_id":14212,"section_number":"38.2-1845.16","catch_line":"Escrow or trust accounts","url":"\/38.2-1845.16\/","token":"38.2\/18\/4.1\/38.2-1845.16","metadata":false},{"id":67191,"structure_id":14212,"section_number":"38.2-1845.17","catch_line":"Requirement to report to Commission","url":"\/38.2-1845.17\/","token":"38.2\/18\/4.1\/38.2-1845.17","metadata":false},{"id":66974,"structure_id":14212,"section_number":"38.2-1845.18","catch_line":"Information security program","url":"\/38.2-1845.18\/","token":"38.2\/18\/4.1\/38.2-1845.18","metadata":false},{"id":70523,"structure_id":14212,"section_number":"38.2-1845.19","catch_line":"What laws applicable; 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reciprocal agreements with other states and Canadian provinces","url":"\/38.2-1845.5\/","token":"38.2\/18\/4.1\/38.2-1845.5","metadata":false},{"id":86867,"structure_id":14212,"section_number":"38.2-1845.6","catch_line":"Individual moving into the Commonwealth from another state or Canadian province","url":"\/38.2-1845.6\/","token":"38.2\/18\/4.1\/38.2-1845.6","metadata":false},{"id":62133,"structure_id":14212,"section_number":"38.2-1845.7","catch_line":"Refusal to issue; hearing; new application","url":"\/38.2-1845.7\/","token":"38.2\/18\/4.1\/38.2-1845.7","metadata":false},{"id":59250,"structure_id":14212,"section_number":"38.2-1845.8","catch_line":"Renewal application and fee; reinstatement; waiver","url":"\/38.2-1845.8\/","token":"38.2\/18\/4.1\/38.2-1845.8","metadata":false},{"id":67352,"structure_id":14212,"section_number":"38.2-1845.9","catch_line":"Repealed","url":"\/38.2-1845.9\/","token":"38.2\/18\/4.1\/38.2-1845.9","metadata":false}],"previous_section":{"id":87101,"structure_id":14212,"section_number":"38.2-1845.11","catch_line":"Termination, suspension, or revocation of license","url":"\/38.2-1845.11\/","token":"38.2\/18\/4.1\/38.2-1845.11","metadata":false},"next_section":{"id":67841,"structure_id":14212,"section_number":"38.2-1845.13","catch_line":"Contract between public adjuster and insured","url":"\/38.2-1845.13\/","token":"38.2\/18\/4.1\/38.2-1845.13","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/38.2-1845.12\/","history_text":"

This law was first created in 2012. The record of its establishment is cataloged in chapters 734<\/a> and 735<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 2 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 2019, chapter 627<\/a>; in 2022, chapter 188<\/a>.<\/p>","references":false,"refers_to":[{"id":85110,"section_number":"54.1-1100","catch_line":"Definitions","order_by":null,"url":"\/54.1-1100\/"},{"id":76379,"section_number":"54.1-400","catch_line":"Definitions","order_by":null,"url":"\/54.1-400\/"}],"permalink":{"id":212655,"object_type":"law","relational_id":75278,"identifier":"38.2-1845.12","token":"38.2\/18\/4.1\/38.2-1845.12","url":"\/38.2-1845.12\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/38.2-1845.12\/","token":"38.2\/18\/4.1\/38.2-1845.12","dublin_core":{"Title":"Standards of conduct for public adjusters","Type":"Text","Format":"text\/html","Identifier":"\u00a7 38.2-1845.12","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> A public adjuster<\/span> shall be fair and honest in any and all respects in any communications with an insured and with an insurer<\/span> or its representatives. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> No person<\/span> except a public adjuster<\/span> duly licensed under this article shall: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Accept a commission<\/span>, fee, or other compensation for investigating or settling claims; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Prepare, complete, or file an insurance<\/span> claim on behalf of an insured; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Aid or act on behalf of an insured in negotiating for or effecting the settlement<\/span> of a claim for loss or damage covered by an insurance<\/span> contract<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Advertise for employment as a public adjuster<\/span>; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> Solicit<\/span>, investigate, or adjust a claim on behalf of a public adjuster<\/span> or an insured. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> No public adjuster<\/span> shall have a financial interest<\/span> in any aspect of an insured’s claim other than the salary, fee, commission<\/span>, or compensation that may be established in the written contract<\/span> between the insured and the public adjuster<\/span>. For the purposes of this subsection, “financial interest<\/span>” includes participation by a public adjuster<\/span>, directly or indirectly, in the reconstruction, repair, or restoration of damaged property that is the subject of a claim adjusted by that public adjuster<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> No public adjuster<\/span> shall refer or direct an insured needing repairs or other services in connection with a loss to any person<\/span> in which the public adjuster<\/span> has an ownership interest nor to any person<\/span> who will or is reasonably anticipated to provide the public adjuster<\/span> with any direct or indirect compensation for the referral of any resulting business. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> No public adjuster<\/span> shall prevent or attempt to dissuade an insured from communicating with an insurer<\/span>, the insurer<\/span>’s adjuster, an independent adjuster representing the insurer<\/span>, an attorney, or any other person<\/span> regarding the settlement<\/span> of the insured’s claim. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> The public adjuster<\/span>’s full consideration for the public adjuster<\/span>’s services shall be stated in the written contract<\/span> with the insured. If the consideration is based on a share of the insurance<\/span> proceeds, the exact percentage shall be specified. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> Any choice of counsel<\/span> to represent the insured shall be made solely by the insured. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

H.<\/span> No public adjuster<\/span> shall settle a claim unless the terms and conditions of the settlement<\/span> are approved by the insured in writing. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

I.<\/span> No public adjuster<\/span> shall acquire any interest in salvage property except with the express written permission of the insured after settlement<\/span> with the insurer<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

J.<\/span> No public adjuster<\/span> shall permit an unlicensed employee or representative of the public adjuster<\/span> to conduct business for which a license<\/span> is required under this article. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

K.<\/span> No public adjuster<\/span> shall represent or act as a company<\/span> adjuster or independent adjuster on the same claim. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

L.<\/span> No public adjuster<\/span> shall enter into a contract<\/span> or accept a power of attorney<\/span> that vests in the public adjuster<\/span> the effective authority to choose the persons<\/span> who shall perform repair work. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

M.<\/span> No public adjuster<\/span> shall solicit<\/span> or attempt to solicit<\/span> a client during the progress of a loss producing occurrence as covered by the insurance<\/span> contract<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

N.<\/span> No public adjuster<\/span> shall solicit<\/span> a client for employment from 8:00 p.m. to 8:00 a.m. daily. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

O.<\/span> A public adjuster<\/span> shall notify, in writing, the insured or claimant in advance of the name and location of any proposed contractor, architect, engineer, or similar professional before any bid or proposal by any of these persons<\/span> may be used by the public adjuster<\/span> in estimating the loss. The insured or claimant may exercise veto power of any of these persons<\/span>, in which case that person<\/span> shall not be used in estimating costs. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

P.<\/span> A public adjuster<\/span> shall ensure that any professional used in formulating estimates, the practice of whose profession in the Commonwealth requires a license<\/span> issued pursuant to Title 54.1, including any architect or engineer as defined in § 54.1-400<\/a> and any contractor as defined in § 54.1-1100<\/a>, holds a current license<\/span> from the appropriate licensing authority of the Commonwealth. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

Q.<\/span> No person<\/span> shall advertise or promise to pay or rebate<\/span> all or any portion of any insurance<\/span> deductible as an inducement to the sale of the services of a public adjuster<\/span>. As used in this subsection, the term “promise to pay or rebate<\/span>” includes (i) granting any allowance or offering any discount against the fees to be charged, including, but not limited to, an allowance or discount in return for displaying a sign or other advertisement at the insured’s premises or (ii) paying the insured or any person<\/span> directly or indirectly associated with the property any form of compensation, gift, prize, bonus, coupon, credit, referral fee, or other item of monetary value for any reason. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

R.<\/span> No public adjuster<\/span> shall engage in any activity that may reasonably be construed as a conflict of interest<\/span>, including soliciting<\/span> or accepting any remuneration of any kind or nature, directly or indirectly, except as set forth in a public adjusting<\/span> contract<\/span> with an insured. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nSTANDARDS OF CONDUCT FOR PUBLIC ADJUSTERS (\u00a7 38.2-1845.12)\n\nA. A public adjuster shall be fair and honest in any and all respects in any\ncommunications with an insured and with an insurer or its representatives.\n\nB. No person except a public adjuster duly licensed under this article shall:\n\n 1. Accept a commission, fee, or other compensation for investigating or\n settling claims;\n\n 2. Prepare, complete, or file an insurance claim on behalf of an insured;\n\n 3. Aid or act on behalf of an insured in negotiating for or effecting the\n settlement of a claim for loss or damage covered by an insurance contract;\n\n 4. Advertise for employment as a public adjuster; or\n\n 5. Solicit, investigate, or adjust a claim on behalf of a public adjuster or\n an insured.\n\nC. No public adjuster shall have a financial interest in any aspect of an\ninsured’s claim other than the salary, fee, commission, or compensation\nthat may be established in the written contract between the insured and the\npublic adjuster. For the purposes of this subsection, “financial\ninterest” includes participation by a public adjuster, directly or\nindirectly, in the reconstruction, repair, or restoration of damaged property\nthat is the subject of a claim adjusted by that public adjuster.\n\nD. No public adjuster shall refer or direct an insured needing repairs or other\nservices in connection with a loss to any person in which the public adjuster\nhas an ownership interest nor to any person who will or is reasonably\nanticipated to provide the public adjuster with any direct or indirect\ncompensation for the referral of any resulting business.\n\nE. No public adjuster shall prevent or attempt to dissuade an insured from\ncommunicating with an insurer, the insurer’s adjuster, an independent\nadjuster representing the insurer, an attorney, or any other person regarding\nthe settlement of the insured’s claim.\n\nF. The public adjuster’s full consideration for the public\nadjuster’s services shall be stated in the written contract with the\ninsured. If the consideration is based on a share of the insurance proceeds, the\nexact percentage shall be specified.\n\nG. Any choice of counsel to represent the insured shall be made solely by the\ninsured.\n\nH. No public adjuster shall settle a claim unless the terms and conditions of\nthe settlement are approved by the insured in writing.\n\nI. No public adjuster shall acquire any interest in salvage property except with\nthe express written permission of the insured after settlement with the insurer.\n\nJ. No public adjuster shall permit an unlicensed employee or representative of\nthe public adjuster to conduct business for which a license is required under\nthis article.\n\nK. No public adjuster shall represent or act as a company adjuster or\nindependent adjuster on the same claim.\n\nL. No public adjuster shall enter into a contract or accept a power of attorney\nthat vests in the public adjuster the effective authority to choose the persons\nwho shall perform repair work.\n\nM. No public adjuster shall solicit or attempt to solicit a client during the\nprogress of a loss producing occurrence as covered by the insurance contract.\n\nN. No public adjuster shall solicit a client for employment from 8:00 p.m. to\n8:00 a.m. daily.\n\nO. A public adjuster shall notify, in writing, the insured or claimant in\nadvance of the name and location of any proposed contractor, architect,\nengineer, or similar professional before any bid or proposal by any of these\npersons may be used by the public adjuster in estimating the loss. The insured\nor claimant may exercise veto power of any of these persons, in which case that\nperson shall not be used in estimating costs.\n\nP. A public adjuster shall ensure that any professional used in formulating\nestimates, the practice of whose profession in the Commonwealth requires a\nlicense issued pursuant to Title 54.1, including any architect or engineer as\ndefined in § 54.1-400 and any contractor as defined in § 54.1-1100,\nholds a current license from the appropriate licensing authority of the\nCommonwealth.\n\nQ. No person shall advertise or promise to pay or rebate all or any portion of\nany insurance deductible as an inducement to the sale of the services of a\npublic adjuster. As used in this subsection, the term “promise to pay or\nrebate” includes (i) granting any allowance or offering any discount\nagainst the fees to be charged, including, but not limited to, an allowance or\ndiscount in return for displaying a sign or other advertisement at the\ninsured’s premises or (ii) paying the insured or any person directly or\nindirectly associated with the property any form of compensation, gift, prize,\nbonus, coupon, credit, referral fee, or other item of monetary value for any\nreason.\n\nR. No public adjuster shall engage in any activity that may reasonably be\nconstrued as a conflict of interest, including soliciting or accepting any\nremuneration of any kind or nature, directly or indirectly, except as set forth\nin a public adjusting contract with an insured.\n\nHISTORY: 2012, cc. 734, 735; 2019, c. 627; 2022, c. 188.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}