(215 ILCS 5/512.60)
(from Ch. 73, par. 1065.59‑60)
(Section scheduled to be repealed on January 1, 2017)
Sec. 512.60.
Maintenance of records.
(a) All Public Insurance Adjusters shall maintain a complete record of each of their transactions as a Public Insurance Adjuster. The records required by this Section shall include:
(1) name of the insured;
(2) date, location and amount of loss;
(3) copy of the contract between the Public Insurance
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(4) name of the insurer, amount, expiration date and |
| number of each policy carried with respect to the loss; | |
(5) itemized statement of the insured's recoveries;
(6) name of the Public Insurance Adjuster who |
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(7) name of the attorney representing the insured, if |
| applicable, and the name of the representative of the insurance company; and | |
(8) copy of the statement provided to the insured |
| explaining the amount and value of the damages to the insured premises, the amount of insurance proceeds recovered from the insured, and the amount and values of all expenses incurred to adjust the claim and the amount and value of the Public Insurance Adjuster's fees and charges. | |
(b) Records shall be maintained for at least three years after the termination of the transaction with an insured and shall be open to examination by the Director at any time.
(c) A Public Insurance Adjuster shall not divulge information regarding any insured without written consent from the insured, except that the Public Insurance Adjuster may divulge such information to an insurance company or its representative which insures the insured, to the Department of Insurance, or upon a court order or an Internal Revenue Service subpoena.
(d) Where a Public Insurance Adjuster is engaged or employed by a Registered Firm, the records required by this Section may be maintained by such Registered Firm on behalf of the Public Insurance Adjuster.
(Source: P.A. 95‑213, eff. 1‑1‑08 .) |
(215 ILCS 5/512.61)
(from Ch. 73, par. 1065.59‑61)
(Section scheduled to be repealed on January 1, 2017)
Sec. 512.61.
License suspension, revocation or denial.
(a) Any license issued under this Article may, be suspended or revoked, and any application for a license may be denied, if the Director finds that the holder of or applicant for a license has:
(1) willfully violated any provision of this Code or
| any rule or regulation promulgated by the Director; or | |
(2) intentionally made a material misstatement in an |
| application for a license as a Public Insurance Adjuster; or | |
(3) obtained or attempted to obtain a license as a |
| Public Insurance Adjuster through misrepresentation or fraud; or | |
(4) misappropriated, converted to his own use or |
| improperly withheld money due others; or | |
(5) intentionally misrepresented the terms of any |
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(6) used fraudulent, coercive or dishonest practices, |
| or demonstrated incompetence, untrustworthiness or financial irresponsibility in the transaction of business as a Public Insurance Adjuster; or | |
(7) been convicted of any felony or misdemeanor |
| involving dishonesty or fraud, unless the individual demonstrates to the Director sufficient rehabilitation to warrant the public trust; or | |
(8) knowingly transacted the business of a Public |
| Insurance Adjuster in conjunction with an individual who was not licensed at the time; or | |
(9) failed to appear without reasonable cause or |
| excuse in response to a subpoena lawfully issued by the Director; or | |
(10) a license as a Public Insurance Adjuster |
| suspended or revoked or an application denied in any other state, district, territory or province on a ground similar to one of the grounds stated in this Section; or | |
(11) failed to comply with or violated any of the |
| standards set forth in Section 512.59; or | |
(12) failed to maintain the records required by |
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(13) engaged in the unauthorized practice of law.
(b) Revocation, suspension, or the denial of an application pursuant to this Section shall be by written notice served upon the applicant by certified or registered mail sent to the address specified in the application. The applicant may request a hearing in writing within 30 days from the date of mailing as provided in Section 402. The hearing shall be held pursuant to Section 2402 of Title 50 of the Code.
(c) Upon notification of the issuance of an order suspending or revoking a Public Insurance Adjuster's license, the licensee or other person having possession or custody of such license shall promptly deliver it to the Director in person or by mail. The Director shall publish the name of each Public Insurance Adjuster whose license is suspended or revoked, after such suspension or revocation becomes final, in a manner designed to notify interested insurance companies and other persons.
(d) Any individual whose Public Insurance Adjuster's license is revoked or whose application is denied pursuant to this Section shall be ineligible to apply for a Public Insurance Adjuster's license for 5 years. A suspension pursuant to this Section may be for any period of time up to 5 years.
(Source: P.A. 95‑213, eff. 1‑1‑08 .) |