1. A. Public adjusters shall ensure that all contracts for their services are in writing and contain the following terms:

   1. 1. Legible full name of the public adjuster signing the contract, as specified in the records of the Commission;
   2. 2. Public adjuster's permanent home state business address and phone number;
   3. 3. Public adjuster's license number, as specified in the records of the Commission;
   4. 4. Title "Public Adjuster Contract";
   5. 5. The policyholder's full name and street address and the insurance company's name and policy number;
   6. 6. A description of the loss and a description of the location of the loss, if applicable;
   7. 7. A description of services to be provided to the policyholder by the public adjuster and all terms and conditions of the engagement;
   8. 8. Signatures of the public adjuster and the policyholder;
   9. 9. The date the contract was signed by the public adjuster and the date the contract was signed by the policyholder;
   10. 10. Attestation language stating that the public adjuster is fully bonded pursuant to state law;
   11. 11. The full salary, fee, commission, compensation, or other consideration the public adjuster is to receive for services, subject to the provisions of § 38.2-1845.14; and
   12. 12. The right to rescind the contract within three business days after the contract has been signed by the policyholder or, in the event of a catastrophic disaster, the right to rescind the contract within five business days after the contract has been signed by the policyholder. Such rescission shall be in writing and mailed or delivered to the public adjuster at the address shown in the contract. Within 15 business days following receipt of the notice to rescind, the public adjuster shall return to the policyholder anything of value given by the policyholder under the contract.
2. B. The public adjuster shall provide a separate disclosure document to the policyholder stating (i) the policyholder is not required to hire a public adjuster but has the right to do so; (ii) the public adjuster is not an employee or representative of the insurer; (iii) the salary, fee, commission, or other consideration is the obligation of the policyholder, not the insurer; (iv) property insurance policies obligate the policyholder to present a claim to the insurer for consideration; (v) the policyholder has the right to initiate direct communications with the policyholder's attorney, the insurer, the insurer's adjuster, the insurer's attorney, and any other person regarding the settlement of the policyholder's claim; and (vi) the policyholder may contact the Commission for the licensing status of the public adjuster.
3. C. A public adjuster shall provide the insurer with a notification letter, which has been signed by the policyholder, authorizing the public adjuster to represent the policyholder's interest.
4. D. No public adjuster shall enter into a contract that prevents a policyholder from pursuing any civil remedy after the revocation or cancellation period set forth in subdivision A 12.
5. E. Any contract for public adjusting services that is entered into by a policyholder with a person who is in violation of § 38.2-1845.2 may be voided at the option of the policyholder.

2012, cc. 734, 735; 2019, c. 627; 2026, c. 142.