State of South Carolina

 Insurance Claim Resource Center

Frequently asked questions for public adjusters in South Carolina

What are the  public adjuster licensing requirements for the State of South Carolina?

Section 38-48-20 of the South Carolina Code of Laws require public adjusters to , " apply for a license on a form prescribed by the director or his designee. The written examination for a public adjuster license shall be the same as that prescribed for insurance adjusters. The director or his designee shall satisfy himself that each applicant for a public adjuster's license is an individual of good moral character, has sufficient knowledge of the insurance business and duties as a public adjuster, has not violated the insurance laws of the State, and is a fit and proper individual for the position. 

 What is the legal definition of a public adjuster in South Carolina?

Section 38-48-10 of the South Carolina Code of Laws defines a public adjuster as,(1) "Public insurance adjuster" means any individual who, for salary, fee, commission, or other compensation, engages in public adjusting and who is licensed under Section 38-48-20. A public insurance adjuster is not an attorney licensed to practice by the South Carolina Supreme Court who adjusts insurance losses in the course of the practice of law. A public insurance adjuster is not an adjuster representing an insurer and is not licensed in accordance with the provisions of Chapter 47.  (2) "Public adjusting" means investigating, appraising or evaluating, and reporting to an insured in relation to a first party claim arising under insurance contracts, that insure the real or personal property, or both, of the insured. Public adjusting does not include acting in any manner in relation to claims for damages to or arising out of the operation of a motor vehicle. Public adjusting does not include any activities which may constitute the unauthorized practice of law. Nothing in this chapter shall be construed as permitting the unauthorized practice of law.

 What are the Standards of Conduct for a public adjuster in South Carolina?

Section 38-48-70 of the South Carolina Code of Laws provides the following standards of conduct as follows:  a) be honest and fair in all communications with the insured and with the insurer or its representatives;(b) have no financial interests in any aspect of the insured's claim, other than the salary, fee, commission, or other compensations that may be established in the written contract between the insured and the public insurance adjuster;(c) not refer or direct any insured needing repairs or other services in connection with a loss to any person with whom the public insurance adjuster has a financial interest; nor to any person who will or is reasonably anticipated to provide the public adjuster any direct or indirect compensation for the referral of any resulting business; (d) not prevent or attempt to dissuade an insured from communicating with an insurer, the insurer's adjuster, an independent adjuster representing the insurer, an attorney, or any other person regarding the settlement of the insured's claim;
(e) not engage in any conduct which constitutes the unauthorized practice of law; (f) not acquire any interest in salvage of property subject to his contract, except with the express written permission of the insured, after settlement with the insurer; (g) not solicit or enter into any agreement for the repair or replacement of damaged property on which the public adjuster has been engaged to adjust or settle claims; and (h) not offer or provide advice as to whether the insured's claim is covered by the insured's contract with the insurer.

What is South Carolina's requirement for contracting with a public adjuster?

Section 38-48-70 of the South Carolina Code of Laws requires an agreement between the insured and public adjuster be written and signed by both parties.  The contract shall: (a) state the full consideration for the public adjuster's services; (b) specify in bold and conspicuous language that the consideration, compensation, commission, fee, percentage, or salary due to the public adjuster shall be paid by the insured from any sums the public adjuster assists the insured in recovering and not paid by the insurer; (c) legibly state the full name and address as specified in the department's record of the licensed public adjuster;(d) state the insured's full name and street address, the address and description of the loss, and the name of the insured's insurance company and policy number;(e) disclose to the insured in bold, conspicuous language that (1) it is not necessary for the insured to hire a public adjuster; (2) the insured has the right to communicate directly with the insurer, the insurer's adjuster(s), the insured's counsel, or counsel for the insurer; and (3) the public adjuster is not an agent or employee of the insurer;(f) show the date on which the contract was signed by both parties; (g) clearly and conspicuously disclose the insured's right to rescind the contract within five working days or otherwise cancel it as provided by South Carolina law; and(h) clearly and conspicuously outline the services to be provided by the public adjuster to the insured.Promptly after the contract of the insured with the public adjuster has been executed, and after the time to rescind has elapsed, the public adjuster shall give written notice to the insurer or its adjuster or representative that the public adjuster has entered into a written contract with the insured.

Can you rescind a contract with a public adjuster in South Carolina ?

Section 38-48-110 of the South Carolina Code of Laws provides the insured with the ability to rescind a contract with a public adjuster until the close of the 5th business day after the ratification of the contract.  The notice needs to be written and sent to the address shown on the agreement.

What is the difference between an Insurance Adjuster, Public Adjuster and Independent Adjuster?

An Insurance Adjuster is assigned to your claim by your insurer, is paid for, and works on behalf of the insurer in the settlement of a claim.   A Public adjuster is hired by the property owner and works only on behalf of the insured.  An independent adjuster is hired by the insurer to assist the insurance company in the settlement of the claim.

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 Public Adjuster Towns and Cities Serviced

Abbeville, Aiken, Allendale, Anderson, Andrews, Arcadia Lakes, ,Atlantic Beach, Awendaw, Aynor, Bamberg, Barnwell, Batesburg-Leesville, Beaufort, Belton, Bennettsville, Berkeley, Bethune, Bishopville, Blacksburg, Blackville, Blenheim, Bluffton, Blythewood, Bonneau, Bowman, Branchville, Briarcliffe Acres, Brunson, Burnettown, Calhoun, Calhoun Falls, Camden, Cameron, Campobello, Carlisle, Cayce, Centra, lCentral Pacolet, Chapin, Charleston, Cheraw, Cherokee, Chesnee, Chester, Chesterfield, Clarendon, Clemson, Clinton, Clio, Clover, Colleton, Columbia, Conway, Cope, Cordova, Cottageville, Coward, Cowpens, Cross Hill, Darlington, Denmark, Dillon, Donalds, Dorchester, Due West, Duncan, Easley, Eastover, Edgefield, Edisto Beach, Ehrhardt, Elgin, Elko, Elloree, Estill, Eutawville, Fairfax, Fairfield, Florence, Folly Beach, Forest Acres, Fort Lawn, Fort Mill, Fountain Inn, Furman, Gaffney, Gaston ,Georgetown, Gifford, Gilbert, Goose Creek, Govan, Gray Court, Great Falls, Greeleyville, Greenville, Greenwood, Greer,  Hampton, Hanahan, Hardeeville, Harleyville, Hartsville, Heath Springs, Hemingway, Hickory Grove, Hilda, Hilton Head Island, Hodges, Holly Hill, Hollywood, Honea Path, Horry, Inman, Irmo Isle of Palms, Jackson,  James Island, Jamestown, Jasper, Jefferson, Jenkinsville, Johnsonville, Johnston, Jonesville, Kershaw, Kiawah Island, Kingstree, Kline, Lake City Lake View, Lamar, Lancaster, Landrum, Lane, Latta, Laurens, Lee, Lexington, Liberty, Lincolnville, Little Mountain, Livingston, Lockhart, Lodge, Loris, Lowndesville, Lowrys, Luray, Lyman, Lynchburg,  Manning, Marion, Marlboro, Mauldin, Mayesville, McBee, McClellanville, McColl, McConnells, McCormick, Meggett, Moncks Corner, Monetta, Mount Croghan, Mount Pleasant, Mullins, Myrtle Beach, Neeses, New Ellenton, Newberry, Nichols, Ninety Six, Norris, North, North Augusta, North Charleston, North Myrtle Beach, Norway, Oconee, Olanta, Olar, Orangeburg, Pacolet, Pageland, Pamplico, Parksville, Patrick, Pawleys Island, Paxville, Peak, Pelion, Pelzer, Pendleton, Perry, Pickens, Pickens, Pine Ridge, Pinewood, Plum Branch, Pomaria, Port Royal, Prosperity, Quin by Ravenel, Reevesville, Reidville, Richburg, Ridge Spring, Ridgel, Ridgeway, Rock Hill, Rockville, Rowesville, Ruby, Salem, Salley, Saluda, Scotia, Scranton, Seabrook Island, Sellers, Seneca, Sharon, Silverstreet, Simpsonville, Six Mile, Smoaks, Smyrna, Snelling, Society Hill, South Congaree, Spartanburg, Springdale,  Stephen, Starr, Stuckey, Sullivan's Island, Summerton, Summerville, Summit, Sumter, Surfside Beach, Swansea, Sycamore, Tatum, Tega Cay, Timmonsville, Travelers Rest, Trenton, Troy, Turbeville, Ulmer, Union, Van Wyck, Vance, Varnville, Wagener, Walhalla, Walterboro, Ward, Ware Shoals, Waterloo, Wellford, West Columbia, West Pelzer, West Union, Westminster, Whitmire, Williams, Williamsburg, Williamston, Williston, Windsor, Winnsboro, Woodford, Woodruff, Yemassee, York.