31A-26-405. Public adjuster standards of conduct.
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/ut/title-31a/chapter-26/31a-26-405A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Effective 5/6/2026
31A-26-405. Public adjuster standards of conduct.
A public adjuster may not:
(1)solicit or attempt to solicit an insured during the progress of a loss-producing occurrence;
(2)advertise or infer damage unless an inspection of the property has been completed;
(3)offer to pay an insured's deductible, or claim that the public adjuster will waive the insured's deductible, as an inducement for the insured to use the public adjuster's services;
(4)offer to conduct a free inspection of property other than property that is the subject of an insured's claim;
(5)participate directly, indirectly, or through an affiliate, in the reconstruction, repair, or restoration of property that is the subject of the public adjuster's contract with an insured;
(6)solicit, accept compensation from, or have an interest in a business that provides a product or service in connection with a claim that the public adjuster has a contract to adjust;
(7)have a financial interest in, directly, indirectly, or through an affiliate, an aspect of an insured's claim except for:
(a)a salary;
(b)a fee;
(c)a commission; or
(d)other compensation established in the written contract with the insured;
(8)collect compensation as provided in a contract without actually performing the service a licensed public adjuster customarily provides for the insured;
(9)acquire an interest in a salvage of property except as authorized in a contract with the insured;
(10)recommend or direct that the insured obtain a repair or service in connection with a loss from a person:
(a)in whom the public adjuster has a financial interest; or
(b)from whom the public adjuster may receive direct or indirect compensation for the referral;
(11)accept, sign, or endorse a check or payment draft:
(a)that does not name the insured as a payee; or
(b)on behalf of the insured;
(12)adjust a claim if the terms and conditions of the insurance coverage exceed the public adjuster's competence, knowledge, or expertise;
(13)represent or act as a company adjuster or independent adjuster on the same claim;
(14)enter into a contract or accept a power of attorney that vests in the public adjuster the authority to choose the persons that will perform repair work;
(15)agree to a loss settlement without the insured's knowledge or consent; or
(16)allow the following to obtain an insured's signature on the public adjuster's contract:
(a)a home repair contractor;
(b)a roofing company;
(c)a disaster clean up company;
(d)an appraiser;
(e)an inspector; or
(f)any other person hired to remedy the damage that is the subject of the insured's claim.
Enacted by Chapter 45 , 2026 General Session