N.Y. Comp. Codes R. & Regs. tit. 11, § 25.13
6. You may cancel this compensation agreement at any time prior to midnight of the third business day after you signed this compensation agreement. Please read the attached “Notice of Cancellation” form for an explanation of this right.
| Signature of Public Adjuster or Licensed Representative Thereof | Signature of Named Insured(s) |
| Date ________________ | Time: ________________ |
(b) Form 2.
DISCLOSURE STATEMENT [Name and Address of Public Adjuster] Name of sublicensee
(Public Adjuster’s Name) (the “Adjuster”) referred (Name of Named Insured[s]) (the “Insured”), residing at (Address), to (Name and Address of Individual or Entity) for services, work, or repairs, relating to an insurance claim for which the Adjuster represents or represented the Insured or has negotiated or effected a settlement.
The Adjuster shall check off any and all applicable boxes:
□ The Adjuster has received or will receive the following compensation for the referral:
(Specify the dollar amount or percentage. If compensation is in the form of anything other than money, then state the nature of the compensation and its approximate fair market value.)
□ The Adjuster and/or his or her spouse has a financial or ownership interest, directly or indirectly, in the individual or entity listed above.
□ The Adjuster is related to the individual listed above by blood or affinity within the second degree of consanguinity (which includes an individual’s parents, grandparents, children, grandchildren, siblings, and any spouse thereof).
□ The entity listed above is owned or controlled by an individual who is related to the Adjuster by blood or affinity within the second degree of consanguinity (which includes an individual’s parents, grandparents, children, grandchildren, siblings, and any spouse thereof).
NOTICE TO INSURED: YOU ARE NOT REQUIRED TO USE ANY INDIVIDUAL OR ENTITY TO WHOM OR WHICH THE PUBLIC ADJUSTER REFERS YOU.
This disclosure statement must be written in the same language as that principally used in the oral negotiations and presentation.
| Signature of Public Adjuster or Licensed Representative | Signature of Named Insured(s) |
| Date ________________ | Time: ________________ |
(c) Form 3.
NOTICE OF CANCELLATION
You may cancel the written compensation agreement, without any penalty or obligation, until midnight of the third business day after the date on which you signed the compensation agreement.
If you cancel, then any payments made by you under the compensation agreement, and any negotiable instrument executed by you, will be returned within ten business days following receipt by the public adjuster of your cancellation notice, and any security interest arising out of the transaction will be cancelled.
To cancel this transaction, mail or deliver a signed and dated copy of this cancellation notice, or any other written notice, to (Name and Address of Public Adjuster) no later than midnight of (Date).
I hereby cancel this transaction.
| Signature of Named Insured(s) | Date |
(d) Form 4.
DIRECTION TO PAY LETTER
Name(s) of Named Insured(s):
Policy No.:
Claim No.:
Public Adjuster’s Name:
I hereby direct (Name of Insurer) to issue a check or checks as follows:
□ one check payable to the public adjuster for the public adjuster’s fee indicated in the written compensation agreement signed by the named insured(s) and filed with the insurer, less any referral fee set forth in a disclosure statement, if applicable, and a separate check payable to the named insured(s) or any loss payee or mortgagee, or both, whichever is appropriate, for the balance.
□ one check payable to both the public adjuster and named insured(s) for the public adjuster’s fee indicated in the written compensation agreement signed by the named insured(s) and filed with the insurer, less any referral fee set forth in a disclosure statement, if applicable, and a separate check payable to the named insured(s) or any loss payee or mortgagee, or both, whichever is appropriate, for the balance.
NOTICE TO NAMED INSURED(S): You may revoke this direction to pay letter at any time prior to the insurer issuing a check. Your revocation must be in writing and signed by you. You must submit the revocation to the insurer and provide the public adjuster with a copy.
| Signature of Named Insured(s) | Date |
The following forms are hereby approved for use as specified in this Part:
(a) Form 1.
PUBLIC ADJUSTER
COMPENSATION AGREEMENT
[Name and Address of Public Adjuster]
Name of sublicensee
(Date of initial contact) ___________ (Time of initial contact) ___________
(Name of Named Insured[s]) (the “Insured”), residing at (Address), hereby retains (Public Adjuster’s Name) (the “Adjuster”) to act or aid in the preparation, presentation, adjustment, and negotiation, or effecting the settlement, of the claim for the loss or damage by a covered peril or perils sustained at (Loss Location) on (Date of Loss), and agrees to pay the Adjuster for such service a fee of (Number) percent of the amount of the loss, including salvage, when adjusted or otherwise recovered from the insurance companies.
(Number) disclosure statements are attached hereto.
NOTICE TO INSURED