reglab/housing_qa huggingface dataset:
MD. Insurance Code Ann. §  10-401 (2021)
2021 Maryland Statutes|Insurance|Title 10 - Regulation of Insurance Professions|Subtitle 4 - Public Adjusters|Section 10-401 - Definitions

    (a)    In this subtitle the following words have the meanings indicated.    (b)    “Business entity” has the meaning stated in § 10–101 of this title.    (c)    “Home state” means:        (1)    the state where a public adjuster’s principal place of residence or principal place of business is located; or        (2)    the state a public adjuster designates under § 10–409(a)(2) of this subtitle.    (d)    “Immediate family member” means a public adjuster’s:        (1)    spouse;        (2)    child;        (3)    child’s spouse;        (4)    parent;        (5)    spouse’s parent;        (6)    sibling; or        (7)    sibling’s spouse.    (e)    “License” means a license issued by the Commissioner to act as a public adjuster.    (f)    “Marketing” means the distribution of advertising materials regarding the services of a public adjuster.    (g)    (1)    “Public adjuster” means a person who for compensation or any other thing of value:            (i)    acts or aids, solely in relation to first–party claims arising under an insurance policy that insures the real or personal property of the insured, on behalf of the insured in negotiating for, or effecting the settlement of, a claim for loss or damage covered by an insurance policy;            (ii)    except as provided in § 10–403 of this subtitle, directly or indirectly solicits for employment as a public adjuster of insurance claims, solicits business, or represents oneself to the public as a public adjuster of first–party insurance claims for losses or damages arising out of insurance policies that insure real or personal property; or            (iii)    investigates or adjusts losses, or advises an insured about first–party claims for losses or damages arising out of an insurance policy that insures real or personal property for another person engaged in the business of adjusting losses or damages covered by an insurance policy, for the insured.        (2)    “Public adjuster” does not include a person that investigates, adjusts, or appraises claims for loss or damage covered by a motor vehicle insurance policy.
MD. Insurance Code Ann. §  10-402 (2021)
2021 Maryland Statutes|Insurance|Title 10 - Regulation of Insurance Professions|Subtitle 4 - Public Adjusters|Section 10-402 - Scope of Subtitle

    This subtitle does not apply to:        (1)    an adjuster for or an insurance producer or employee of an insurer or group of insurers under common control or ownership that, as representative of the insurer or group, adjusts losses or damages under policies issued by the insurer or group;        (2)    an insurance producer that acts as an adjuster without compensation for an insured for whom the insurance producer is acting as an insurance producer;        (3)    an attorney at law who does not:            (i)    regularly act as a public adjuster; and            (ii)    represent to the public by sign, advertisement, or otherwise that the attorney at law acts as a public adjuster;        (4)    a person who negotiates or settles claims arising under:            (i)    a life, health, or motor vehicle insurance policy; or            (ii)    an annuity contract;        (5)    a person employed only for the purpose of obtaining facts surrounding a loss or furnishing technical assistance to a public adjuster, including a photographer, an estimator, a private investigator, an engineer, and a handwriting expert;        (6)    a licensed health care provider, or an employee of a licensed health care provider, who prepares or files a health claim form on behalf of a patient; or        (7)    a person who settles subrogation claims between insurers.
MD. Insurance Code Ann. §  10-403 (2021)
2021 Maryland Statutes|Insurance|Title 10 - Regulation of Insurance Professions|Subtitle 4 - Public Adjusters|Section 10-403 - License Required

    (a)    Except as otherwise provided in this subtitle, a person must obtain a license before the person acts as a public adjuster in the State.    (b)    Marketing on behalf of a public adjuster, as defined in §�10–401 of this subtitle, does not require a license.    (c)    A person that violates this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $500 or imprisonment not exceeding 6 months or both for each violation.
MD. Insurance Code Ann. §  10-404 (2021)
2021 Maryland Statutes|Insurance|Title 10 - Regulation of Insurance Professions|Subtitle 4 - Public Adjusters|Section 10-404 - Qualifications of Applicants

    (a)    To qualify for a license, an applicant must be:        (1)    an individual who meets the requirements of subsection (b) of this section; or        (2)    a business entity that meets the requirements of subsection (c) of this section.    (b)    (1)    An individual applicant must be trustworthy and competent to transact business as a public adjuster so as to safeguard the interests of the public.        (2)    Except as otherwise provided in this subsection, an individual applicant shall:            (i)    pass a written examination given by the Commissioner under this subtitle in order to determine the competency of the applicant to act as a public adjuster; and            (ii)    pay the license fee required by § 2–112 of this article.        (3)    The examination requirement of paragraph (2) of this subsection does not apply to an individual who was licensed as a public adjuster in the State on June 30, 1985.        (4)    An individual applicant who fails an examination may not take another examination until at least 14 days after the date of the last examination that the applicant failed.    (c)    A business entity applicant must:        (1)    be trustworthy and competent to transact business as a public adjuster so as to safeguard the interests of the public;        (2)    employ one or more individual licensed public adjusters; and        (3)    pay the applicable license fee required by § 2–112 of this article.
MD. Insurance Code Ann. §  10-405 (2021)
2021 Maryland Statutes|Insurance|Title 10 - Regulation of Insurance Professions|Subtitle 4 - Public Adjusters|Section 10-405 - Applications for Initial Licenses

    (a)    An applicant for an initial license shall file with the Commissioner an application on the form that the Commissioner provides.    (b)    The application form shall require:        (1)    the name and address of the applicant;        (2)    whether any other insurance license or certificate has been issued to the applicant;        (3)    for a business entity applicant:            (i)    the name of the individual licensed public adjuster employed by the business entity who is designated to act as the business entity’s principal contact with the Administration; and            (ii)    the name and address of each licensed public adjuster employed by the business entity, each individual who has direct control over its fiscal management, each owner, partner, member, or manager of the business entity, and each director of a business entity that is a corporation; and        (4)    any other information that the Commissioner requires of applicants to enable the Commissioner to determine the trustworthiness and competence of the applicant to transact business as a public adjuster so as to safeguard the interests of the public.    (c)    An application shall be signed under oath:        (1)    in the case of an individual applicant, by the applicant; or        (2)    in the case of an applicant that is a business entity, by an individual who has direct control over its fiscal management, an owner, partner, member, or manager of the business entity, or a director of a business entity that is a corporation.
MD. Insurance Code Ann. §  10-406 (2021)
2021 Maryland Statutes|Insurance|Title 10 - Regulation of Insurance Professions|Subtitle 4 - Public Adjusters|Section 10-406 - Issuance of License

    The Commissioner shall issue a license to each applicant who meets the requirements of this subtitle.
MD. Insurance Code Ann. §  10-407 (2021)
2021 Maryland Statutes|Insurance|Title 10 - Regulation of Insurance Professions|Subtitle 4 - Public Adjusters|Section 10-407 - Regulations

    The Commissioner may adopt regulations that specify:        (1)    the scope, type, conduct, and grading of the written examination; and        (2)    the frequency, times, and locations within the State where the written examination will be held.
MD. Insurance Code Ann. §  10-408.1 (2021)
2021 Maryland Statutes|Insurance|Title 10 - Regulation of Insurance Professions|Subtitle 4 - Public Adjusters|Section 10-408.1 - Reinstatement of License

    (a)    For up to 1 year after the expiration date, a person whose public adjuster’s license has expired may reinstate the expired license by:        (1)    filing with the Commissioner the appropriate reinstatement application;        (2)    paying to the Commissioner the applicable reinstatement fee required under subsection (b) of this section; and        (3)    submitting proof of completion of the continuing education requirements in § 10–408 of this subtitle.    (b)    (1)    The fee for a reinstatement under this section shall be:            (i)    the amount charged for a full renewal period for the type of license held by the person seeking the reinstatement; and            (ii)    a reinstatement fee of $100.        (2)    The Commissioner may limit the reinstatement fee to the amount of the renewal fee in cases where the reinstatement applicant did not make timely renewal because of military service, temporary incapacity, hospitalization, or other hardship.    (c)    A person whose public adjuster’s license has expired is prohibited from acting as a public adjuster until the effective date of reinstatement of the license.    (d)    (1)    If a person applies for reinstatement of an expired license within 60 days after the license expired, the Commissioner shall reinstate the license retroactively, with the reinstatement effective on the date that the person’s license expired.        (2)    If a person applies for reinstatement of an expired license more than 60 days after the license expired, the Commissioner shall reinstate the person’s license prospectively, with the reinstatement effective on the date that the license is reinstated.    (e)    A person who does not comply with subsection (a) of this section on or before 1 year after the expiration date shall apply for a license under § 10–405 of this subtitle and meet the requirements specified by the Commissioner in regulation.    (f)    The Commissioner may adopt regulations to carry out this section.
MD. Insurance Code Ann. §  10-409 (2021)
2021 Maryland Statutes|Insurance|Title 10 - Regulation of Insurance Professions|Subtitle 4 - Public Adjusters|Section 10-409 - Waiver of License Requirement for Nonresident

    (a)    (1)    Except as otherwise provided in this section, the Commissioner shall waive the license requirements for an applicant who is not a resident of the State if:            (i)    the applicant has a valid public adjuster license from the home state of the applicant; and            (ii)    the home state of the applicant awards nonresident public adjuster licenses to residents of the State on the same basis.        (2)    If neither the state where the public adjuster maintains a principal place of residence nor the state where the public adjuster maintains a principal place of business has a law governing public adjusters substantially similar to this subtitle, the public adjuster may declare another state where the public adjuster is licensed and acts as a public adjuster to be the public adjuster’s home state for purposes of this subtitle.    (b)    Unless denied a license under § 10–410 of this subtitle, a person who is not a resident of the State may obtain a nonresident license to act as a public adjuster if:        (1)    the person currently is licensed as a resident public adjuster and in good standing in the person’s home state;        (2)    the person files an application on the form that the Commissioner provides;        (3)    the person has paid the applicable fee pursuant to § 2–112 of this article; and        (4)    the person’s home state awards nonresident public adjuster licenses to residents of this State on the same basis.    (c)    A person who is not a resident of this State and whose home state does not issue a public adjuster license must meet the license requirements of §§ 10–404 and 10–405 of this subtitle.
MD. Insurance Code Ann. §  10-409.1 (2021)
2021 Maryland Statutes|Insurance|Title 10 - Regulation of Insurance Professions|Subtitle 4 - Public Adjusters|Section 10-409.1 - Prohibited Inducements

    (a)    Except as otherwise expressly provided by law, a person may not pay, allow, or give, or offer to pay, allow, or give, directly or indirectly, any valuable consideration to an insured as an inducement to use the services of a public adjuster.    (b)    A public adjuster may pay a commission, service fee, or any other valuable consideration to a person only if that person is required to be licensed, and is licensed, as a public adjuster.    (c)    A person may not accept a commission, service fee, or any other valuable consideration if the person is required to be licensed, but is not licensed, as a public adjuster.
MD. Insurance Code Ann. §  10-412 (2021)
2021 Maryland Statutes|Insurance|Title 10 - Regulation of Insurance Professions|Subtitle 4 - Public Adjusters|Section 10-412 - Deposit of Settlement Funds

    A public adjuster who receives, accepts, or holds any funds on behalf of an insured toward the settlement of a claim for loss or damage shall deposit the funds in a noninterest–bearing escrow or trust account in a financial institution that is federally insured in the public adjuster’s home state or where the loss occurred.
MD. Insurance Code Ann. §  10-413 (2021)
2021 Maryland Statutes|Insurance|Title 10 - Regulation of Insurance Professions|Subtitle 4 - Public Adjusters|Section 10-413 - Records

    (a)    (1)    A public adjuster shall maintain a complete record of each transaction entered into as a public adjuster.        (2)    The records required by this section shall include:            (i)    the name of the insured;            (ii)    the date, location, and amount of the loss;            (iii)    a copy of the contract between the public adjuster and the insured;            (iv)    the name of the insurer and the amount, expiration date, and number of each policy carried with respect to the loss;            (v)    an itemized statement of the insured’s recoveries;            (vi)    an itemized statement of all compensation received by the public adjuster, from any source, in connection with the loss;            (vii)    a register of all money received, deposited, disbursed, or withdrawn in connection with a transaction with an insured, including:                1.    fees, transfers, and disbursements from a trust account; and                2.    all transactions concerning all interest–bearing accounts;            (viii)    the name of the public adjuster who executed the public adjuster contract;            (ix)    the name of the attorney representing the insured, if applicable; and            (x)    the name of the claims representative of the insurance company.    (b)    (1)    The records shall be:            (i)    maintained for at least 5 years after the termination of the transaction with an insured; and            (ii)    open to examination by the Commissioner at all times.        (2)    Any records required to be maintained under this section may be stored in an electronic format.    (c)    Records submitted to the Commissioner in accordance with this section that contain information that the public adjuster identifies in writing as proprietary:        (1)    shall be treated as confidential by the Commissioner; and        (2)    may not be subject to Title 4, Subtitle 2 of the General Provisions Article.
MD. Insurance Code Ann. §  10-414 (2021)
2021 Maryland Statutes|Insurance|Title 10 - Regulation of Insurance Professions|Subtitle 4 - Public Adjusters|Section 10-414 - Duties

    (a)    A public adjuster is obligated to:        (1)    serve with objectivity and complete loyalty the interest of the client alone;        (2)    render to the insured the information, counsel, and service that will best serve the insured’s insurance claim needs and interests, within the knowledge, understanding, and opinion in good faith of the public adjuster; and        (3)    disburse insurance settlement payments received on behalf of the insured within 15 business days after the date of the payment from an insurer.    (b)    A public adjuster may not allow an unlicensed employee or representative of the public adjuster to conduct business for which a license is required under this subtitle.    (c)    Unless full written disclosure has been made to the insured in accordance with § 10–411 of this subtitle, a public adjuster may not have a direct or indirect financial interest in any aspect of a claim, other than the salary, fee, commission, or other consideration established in the written contract with the insured.    (d)    A public adjuster may not acquire any interest in salvage of property subject to a public adjuster contract with the insured unless the public adjuster obtains written permission from the insured.
MD. Insurance Code Ann. §  10-415 (2021)
2021 Maryland Statutes|Insurance|Title 10 - Regulation of Insurance Professions|Subtitle 4 - Public Adjusters|Section 10-415 - Ethical Requirements

    (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.
MD. Insurance Code Ann. §  10-416 (2021)
2021 Maryland Statutes|Insurance|Title 10 - Regulation of Insurance Professions|Subtitle 4 - Public Adjusters|Section 10-416 - Reports

    (a)    (1)    A public adjuster shall report to the Commissioner, within 30 days after the final disposition of the matter, any administrative action taken against the public adjuster in another jurisdiction, or by another governmental unit in the State.        (2)    The report shall include:            (i)    a copy of any order;            (ii)    any consent to an order; and            (iii)    any other relevant legal documents.    (b)    (1)    Within 30 days after the initial pretrial hearing date, a public adjuster shall report to the Commissioner any criminal prosecution of the public adjuster undertaken in any jurisdiction.        (2)    The report shall include:            (i)    a copy of the initial filed complaint;            (ii)    any order resulting from the hearing; and            (iii)    any other relevant legal documents.
MD. Insurance Code Ann. §  10-501 (2021)
2021 Maryland Statutes|Insurance|Title 10 - Regulation of Insurance Professions|Subtitle 5 - Vehicle Damage Adjusters and Appraisers|Section 10-501 - "Adjuster" or "Appraiser" Defined

    In this subtitle, “adjuster” or “appraiser” means a person that:         (1)    is employed by an insurer as, solicits business as, or represents to an insurer that the person is an adjuster or appraiser of claims for loss or damage covered by a motor vehicle insurance policy; or        (2)    under a contract, performs adjustments or appraisals for loss or damage covered by another form of security provided for under § 17-103(a)(2) of the Transportation Article.
MD. Insurance Code Ann. §  10-502 (2021)
2021 Maryland Statutes|Insurance|Title 10 - Regulation of Insurance Professions|Subtitle 5 - Vehicle Damage Adjusters and Appraisers|Section 10-502 - Effect of Subtitle

    This subtitle does not:         (1)    require an insurer to pay an amount for motor vehicle repair services or repair products necessary to properly and fairly repair a motor vehicle that is greater than the usual and customary charges for equivalent services or products charged by similar contractors or repair shops within a reasonable geographic or trade area of the address of the claimant or insured; or        (2)    prohibit an insurer from requiring a claimant or an insured to obtain an appraisal by driving a damaged motor vehicle to a facility that is owned or leased by or under contract to the insurer and is used exclusively for damage appraisals.
MD. Insurance Code Ann. §  10-503 (2021)
2021 Maryland Statutes|Insurance|Title 10 - Regulation of Insurance Professions|Subtitle 5 - Vehicle Damage Adjusters and Appraisers|Section 10-503 - Prohibited Acts

    (a)    An adjuster, appraiser, or insurance producer or employee of an insurer may not:        (1)    recommend the use of a specific repair service or source for the repair or replacement of property damage to a motor vehicle without informing the claimant or insured that the claimant or insured does not have to use the recommended repair service or source;        (2)    require that an appraisal or repair be made in a specific repair shop;        (3)    require that a claimant or insured use a specific contractor or repair shop for a repair service or repair product; or        (4)    intimidate, coerce, or threaten a claimant or insured to use a specific contractor or repair shop for a repair service or repair product.    (b)    An adjuster or appraiser may not accept a gratuity or other form of remuneration from a repair service for recommending that repair service to a claimant or insured.
MD. Insurance Code Ann. §  10-504 (2021)
2021 Maryland Statutes|Insurance|Title 10 - Regulation of Insurance Professions|Subtitle 5 - Vehicle Damage Adjusters and Appraisers|Section 10-504 - Penalties

    A person that intentionally violates this subtitle is subject to:         (1)    a civil penalty not exceeding $1,000 for each violation; and        (2)    denial, suspension, or revocation of any license held under this article.