Sec. 4102.111. FIDUCIARY CAPACITY. (a) All funds received as claim proceeds by a license holder acting as a public insurance adjuster are received and held by the license holder in a fiduciary capacity. A license holder may not divert or appropriate fiduciary funds received or held.
(b) An applicant for a license to act as a public insurance adjuster must, as part of the application, endorse an authorization for disclosure to the commissioner of all financial records of any funds the public insurance adjuster holds as a fiduciary. The authorization continues in force and effect for as long as the license holder continues to be licensed under this chapter.
Added by Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 11.082(a), eff. September 1, 2005.
Structure Texas Statutes
Title 13 - Regulation of Professionals
Chapter 4102 - Public Insurance Adjusters
Subchapter C. Powers and Duties
Section 4102.101. General Authority
Section 4102.102. Compliance With Insurance Contract
Section 4102.103. Contract for Services Required
Section 4102.105. Financial Responsibility
Section 4102.106. Place of Business
Section 4102.107. Agent for Service of Process
Section 4102.108. Posting of License
Section 4102.109. Continuing Education
Section 4102.110. Record Maintenance
Section 4102.111. Fiduciary Capacity
Section 4102.112. Relocation to Another State