Registration of Adjusters for Services in Areas Designated as Disaster Zones

Purpose: The purposes of this emergency rule are to assist the Governor in the performance of his duties under chapter 44, RSMo, and to prevent unscrupulous persons from taking advantage of the insurance buying public with regard to the current emergency arising from the recent disaster and/or catastrophic events.

Emergency Statement: The Governor has declared that a disaster and/ or catastrophic event of major proportions has actually occurred within this state which poses an immediate danger to the public health, safety and welfare of the citizens of this state. This rule is necessary as an emergency rule in that adjustment or settlement of insurance claims due to said disaster and/or catastrophic event will begin shortly, if it has not begun already, and therefore, notice and hearing requirements of chapter 536, RSMo. can not be met. Pursuant to 536.025.7 this rule shall not remain in effect for a period exceeding one hundred eighty calendars days or thirty legislative days, whichever is longer.

• Definitions. For purposes of this rule, the following definitions shall apply.
  • "Department" means the Missouri Department of Insurance;
  • "Disaster adjuster" means an individual who adjusts insurance claims in a disaster area as either:
    • A public adjuster or a public adjuster solicitor licensed pursuant to Chapter 325, RSMo, and acting on behalf of an individual insured; or
    • An insurance company adjuster if the individual is an employee of the insurance company or an independent contractor authorized to act on behalf of the insurance company;
  • "Disaster" means a specific, infrequent, and sudden natural or manmade event or phenomenon resulting from terrorism, or from fire, wind, flood, earthquake, or other natural or man-made causes;
  • "State of emergency" means a proclamation by the governor, or by resolution of the legislature pursuant to sections 44.010 to 44.130 upon the actual occurrence of a natural or man-made disaster of major proportions within this state when the safety and welfare of the inhabitants of this state are jeopardized;
  • "Disaster area" means the economic or geographic area that has been declared to be in a state of emergency by proclamation of the governor, or by resolution of the legislature pursuant to sections 44.010 to 44.130;
  • "Economic or geographic area" means an area or areas within the state comprising political subdivisions grouped together for purposes of administration, organization, control or disaster recovery and rehabilitation in time of emergency;
• No individual may act as a disaster adjuster except as follows:
  • Within forty-eight (48) hours immediately following the declaration of a state of emergency, only the following individuals may act as a disaster adjuster:
    • Missouri licensed public adjusters and public adjuster solicitors who are in possession of and display upon request:
      • A valid Missouri public adjuster or public adjuster solicitor license; and
      • A valid state identification card or driver's license;
    • Insurance company adjusters who are in possession of and display upon request:
      • A valid adjuster's license from another state or a company issued adjuster identification card; and
      • A valid state identification card or driver's license;
  • After forty-eight (48) hours immediately following the declaration of a state of emergency, only the following individuals may act as a disaster adjuster:
    • Missouri licensed public adjusters and public adjuster solicitors who are in possession of and display upon request:
      • A valid Missouri public adjuster or public adjuster solicitor license; and
      • A valid state identification card or driver's license;
    • Insurance company adjusters who are registered with the Missouri Department of Insurance as a disaster adjuster and who are in possession of and display upon request:
      • A valid adjuster's license from another state or a company issued adjuster identification card; and
      • A valid state identification care or driver's license;
• In order for the company issued adjuster identification card to be accepted as valid, the identification card must contain the following:
  • Adjuster's full name that matches the name on the valid state identification card or driver's license;
  • An identification number that matches the social security number, driver's license number, or identification number as listed on the valid state identification card or driver's license;
  • The insurance company's name, legal trademark, address, and toll-free number of the adjuster's employer; and
  • A recent photograph of the adjuster that measures at least one inch by one inch (1" x 1").
• The Missouri Department of Insurance shall maintain a registry of all insurance company adjusters who act as disaster adjusters. All insurance companies that have procured from the director a certificate of authority to engage in the business of insurance in this state shall submit a list for registration of all insurance company adjusters who will be acting as disaster adjusters on their behalf. The list should be electronically submitted by e-mail or diskette and must contain each adjuster's full legal name, principle place of residence, driver's license number or identification number, and social security number. The insurer shall also submit the name and telephone number of the contact person responsible for obtaining and maintaining the adjuster information for its organization
• No insurance company adjuster acting as a disaster adjuster shall receive as consideration for such adjusting or settling more than ten percent (10%) of the amount paid by the insurance company with respect to such claim.
• Failure to comply with this regulation shall subject the insurance company and the registered or unregistered individuals to those penalties stated in section 44.130, and those penalties authorized in Chapters 374, 375, 376 and 379 RSMo.
• Background Checking; Grounds for Denial of Access to Disaster Area. The department may conduct such background inquiry as is necessary to determine the individual's fitness and character to act as a disaster adjuster. Adverse information noted in any area may be grounds for denial of access to a disaster area. The inquiry may include, but is not limited to:
  • Inquiry of state or federal regulatory authorities in other states where the applicant has resided or done business;
  • Requesting and checking references;
  • Inquiry of criminal databases and law enforcement authorities; and
  • Checking for judgments and other adverse credit references.
• This regulation shall not apply to any individual who is adjusting or settling his/her own insurance policy claim or the insurance claim of an immediate family member for no compensation.