AB357,6,17 11629.03 Examination. (1) Prior to the commissioner approving an
12individual's registration under s. 629.02 (2), the individual shall pass a written
13examination that tests knowledge of the duties and responsibilities of a public
14adjuster and the insurance laws and regulations of this state. The examination shall
15be conducted as prescribed by the commissioner and require payment of the fee
16under s. 601.31 (1) (zc). The commissioner may contract with an outside testing
17service for administering the examination and collecting the fee.
AB357,6,23 18(2) An individual who is not a resident of this state and who is a licensed or
19registered public adjuster in the individual's state of residence and was required to
20pass a written examination to obtain that license or registration may request the
21commissioner to accept proof of the examination's passage as fulfilling the
22requirement under sub. (1). The commissioner may approve the request if the
23individual's license or registration in that state is in good standing.
AB357,7,3 24629.04 Contract requirements. (1) A public adjuster may not perform any
25adjusting service for an insured prior to entering into a contract with the insured.

1The contract shall be in writing, be titled “Public Adjuster Contract,” and be on a form
2filed with the commissioner under s. 631.20 (1m). The contract shall include all of
3the following:
AB357,7,64 (a) The public adjuster's full name, state of residence, permanent principal
5business street address, telephone number, and registration number assigned by the
6commissioner.
AB357,7,77 (b) The insured's full name, street address, insurer name, and policy number.
AB357,7,88 (c) A description of the loss and its location.
AB357,7,109 (d) The date and time the contract was signed by the public adjuster and the
10insured.
AB357,7,1211 (e) An attestation by the public adjuster that he or she is fully bonded pursuant
12to state law.
AB357,7,1413 (f) A disclosure of the compensation the public adjuster is to receive in
14accordance with s. 629.05.
AB357,7,1615 (g) A provision allowing the insured to void the contract in accordance with sub.
16(3).
AB357,7,1817 (h) A statement that the contract shall constitute the entire agreement
18between the public adjuster and the insured.
AB357,7,20 19(2) A contract under sub. (1) may not require the insured to do any of the
20following:
AB357,7,2121 (a) Authorize an insurer to issue a check only in the name of the public adjuster.
AB357,7,2222 (b) Pay collection costs or a late fee to the public adjuster.
AB357,7,2423 (c) Limit the insured's right to pursue any civil remedy against the public
24adjuster.
AB357,8,11
1(3) At the insured's option, the insured may void a contract under sub. (1) no
2later than 5 business days after the contract's execution, except that the insured may
3void a contract no later than 10 business days after execution if the contract is
4executed no later than 5 business days after conclusion of the loss-producing
5occurrence. The insured may void the contract by sending notice by registered or
6certified mail, return receipt requested, to the public adjuster at the address on the
7contract or by personally serving notice on the public adjuster at the place of business
8identified on the contract. The public adjuster shall return anything of value
9provided under the contract by the insured no later than 15 business days following
10receipt of the notice. Nothing in this subsection prevents an insured from pursuing
11any civil remedy against a public adjuster.
AB357,8,14 12(4) A contract under sub. (1) shall be executed in duplicate with an original
13provided to the public adjuster and to the insured. The public adjuster shall make
14the contract available to the commissioner at all times for inspection without notice.
AB357,8,18 15(5) A public adjuster shall include with the contract under sub. (1) a notice of
16the insured's right to file a complaint with the commissioner about an insurance
17problem. The notice shall be on a single piece of paper that is separate from the
18contract and shall include all of the following:
AB357,8,1919 (a) The information described in sub. (1) (a).
AB357,8,2020 (b) A clear statement of the insured's right to file a complaint.
AB357,8,2221 (c) Information on how the insured may obtain a complaint form by contacting
22the office of the commissioner or from the office's Internet site.
AB357,8,2423 (d) The office of the commissioner's mailing address and phone numbers and
24the address of the office's Internet site.
AB357,9,6
1629.05 Compensation. (1) In this section, “catastrophic disaster” means an
2event that results in large numbers of deaths and injuries, causes extensive damage
3or destruction of facilities that provide and sustain human needs, produces an
4overwhelming demand on state and local response resources, causes a severe
5long-term effect on general economic activity, and severely affects state, local, and
6private-sector capabilities to begin and sustain response activities.
AB357,9,8 7(2) The contract under s. 629.04 shall clearly disclose the compensation the
8public adjuster is to receive from the insured.
AB357,9,12 9(3) If an insurer pays, or commits in writing to pay, the policy limit no later than
105 business days after the date the loss is reported to the insurer, the only
11compensation a public adjuster may receive from the insured shall be compensation
12at a reasonable hourly rate for the time spent on the claim.
AB357,9,14 13(4) A public adjuster may not demand compensation from the insured prior to
14the insured receiving payment from the insurer.
AB357,9,17 15(5) If an insurer pays a claim in installments, the public adjuster shall receive
16the compensation in equal amounts prorated over the number of checks issued by the
17insurer and may not demand to be paid entirely from the first check issued.
AB357,9,20 18(6) A public adjuster may not receive compensation in excess of 10 percent of
19an insured's actual recovery under the insurance policy if the claim is due to a
20catastrophic disaster.
AB357,9,25 21629.06 Disclosure of additional compensation. A public adjuster may not
22directly or indirectly accept compensation or anything else of value from an insured
23and a person who provides estimates for work or performs work in conjunction with
24damage or loss under a claim subject to a contract under s. 629.04 unless the public
25adjuster provides the insured with prior written notice. The notice shall clearly and

1conspicuously disclose any direct or indirect financial interest that the public
2adjuster has in the other person and all amounts to be paid, directly or indirectly, by
3the other person to the public adjuster. The notice shall be in the form prescribed by
4the commissioner and be provided prior to the date the insured incurs an obligation
5to make any payment under the contract or to the other person.