PURPOSE: This regulation explains the scope of the public adjuster’s licensing act and states the applicability of the unfair trade practices and frauds act to public adjusters.

1. (1) It is unlawful for any person to act as a public adjuster unless licensed as required by sections 325.010 to 325.055, RSMo.
2. (2) Licensing. Each public adjuster license shall be numbered. That number shall be entered upon any proof of loss, estimate or any other correspondence from the adjuster to an insurer or its agents.
3. (3) Applicability of Unfair Trade Practices Act. Public adjusters or any other person may be subject to enforcement action by the director under section 375.046, RSMo for any unfair method of competition or any unfair or deceptive act or practice in violation of sections 375.930 to 375.948, RSMo, with attendant penalties. Particular attention is directed to the prohibitions of section 375.936(1), RSMo, relating to restraint of trade; section 375.936(2), RSMo, defamatory statements; section 375.936(4), RSMo, making untrue, deceptive or misleading statements with respect to the business of insurance or any person in the conduct of that business; and section 375.936(5), RSMo, misrepresentations of the benefits of an insurance policy.

AUTHORITY: sections 325.010, 375.936, 325.050, and 374.045, RSMo 2000.* This rule was previously filed as 4 CSR 190- 12.070. Original rule filed Dec. 23, 1975, effective Jan. 2, 1976. Amended: Filed Oct. 31, 1988, effective March 1, 1989. Amended: Filed Nov. 30, 2007, effective July 30, 2008.

*Original authority: 325.010, RSMo 1973; 325.050, RSMo 1993; 374.045, RSMo 1967, amended 1993, 1995; and 375.936, RSMo 1959, amended 1967, 1969, 1971, 1976, 1978, 1983, 1991.