629.04 Contract requirements.
(1) A public adjuster may not perform any adjusting service for an insured prior to entering into a contract with the insured. The contract shall be in writing, be titled “Public Adjuster Contract,” and be on a form filed with the commissioner under s. 631.20 (1m). The contract shall include all of the following:
(a) The public adjuster's full name, state of residence, permanent principal business street address, telephone number, and, if applicable, registration number assigned by the commissioner.
(b) The insured's full name, street address, insurer name, and policy number.
(c) A description of the loss and its location.
(d) The date and time the contract was signed by the public adjuster and the insured.
(e) An attestation by the public adjuster that he or she is fully bonded pursuant to state law.
(f) A disclosure of the compensation the public adjuster is to receive in accordance with s. 629.05.
(g) A provision allowing the insured to void the contract in accordance with sub. (3).
(h) A statement that the contract shall constitute the entire agreement between the public adjuster and the insured.
(2) A contract under sub. (1) may not require the insured to do any of the following:
(a) Authorize an insurer to issue a check only in the name of the public adjuster.
(b) Pay collection costs or a late fee to the public adjuster.
(c) Limit the insured's right to pursue any civil remedy against the public adjuster.
(3) At the insured's option, the insured may void a contract under sub. (1) no later than 5 business days after the contract's execution. The insured may void the contract by sending notice by registered or certified mail, return receipt requested, to the public adjuster at the address on the contract or by personally serving notice on the public adjuster at the place of business identified on the contract. The public adjuster shall return anything of value provided under the contract by the insured no later than 15 business days following receipt of the notice. Nothing in this subsection prevents an insured from pursuing any civil remedy against a public adjuster.
(4) A contract under sub. (1) shall be executed in duplicate with an original provided to the public adjuster and to the insured. The public adjuster shall make the contract available to the commissioner at all times for inspection without notice.
(5) A public adjuster shall include with the contract under sub. (1) a notice of the insured's right to file a complaint with the commissioner about an insurance problem. The notice shall be on a single piece of paper that is separate from the contract and shall include all of the following:
(a) The information described in sub. (1) (a).
(b) A clear statement of the insured's right to file a complaint.
(c) Information on how the insured may obtain a complaint form by contacting the office of the commissioner or from the office's Internet site.
(d) The office of the commissioner's mailing address and phone numbers and the address of the office's Internet site.
History: 2019 a. 129.
Structure Wisconsin Statutes & Annotations