Ethical requirements.

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    (a)    A public adjuster shall adhere to the following general ethical requirements:

        (1)    a public adjuster may not undertake the adjustment of any claim if the public adjuster is not competent and knowledgeable as to the terms and conditions of the insurance coverage, or that otherwise exceeds the public adjuster’s current expertise;

        (2)    a public adjuster may not make a statement that the public adjuster knows to be false or with reckless disregard as to the statement’s truth or falsity concerning the qualifications or integrity of any person engaged in the business of insurance to any insured client or potential insured client;

        (3)    a public adjuster may not represent or act as a company adjuster or as an independent adjuster on the same claim;

        (4)    the public adjuster contract may not be construed to prevent an insured from pursuing any civil remedy after the rescission or cancellation period under § 10–411(h) of this subtitle; and

        (5)    a public adjuster may not 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.

    (b)    A public adjuster may not agree to any loss settlement without the insured’s knowledge and consent.


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