Section 115.3. Additional procedures

(a) Each insured shall be:

(1) Verbally informed by the public adjuster at the time of signing the contract of the right to cancel.

(2) Furnished with a copy of the executed public adjuster contract.

(b) Before furnishing the approved notice to the insured setting forth the insured’s right to cancel the contract, the notice shall be completed by entering the name of the public adjuster; the address of the public adjuster’s place of business; the execution date of the contract; and the date, not earlier than the fourth business day following the execution date of the contract, by which the insured may give notice of cancellation.

(c) The cancellation period provided for in this chapter may not begin until the insured has been informed of the insured’s right to cancel and has been provided with the approved notice setting forth the insured’s right to cancel.

(d) Within 15 business days after the receipt of the cancellation notice, the public adjuster shall:

(1) Refund payments made under the contract.

(2) Cancel and return negotiable instruments executed by the insured in connection with the contract.

(3) Take action necessary or appropriate to promptly terminate any security interest created under the contract.

(e) A contract may not be negotiated, transferred, sold or assigned by the public adjuster to a finance company or other third party prior to midnight of the fifth business day following the execution date of the contract.

(f) If an insured exercises the insured’s right to cancel the contract, the insured shall be liable for reasonable and necessary emergency out-of-pocket expenses or services which were paid for or incurred by the public adjuster during the period preceding cancellation.

The provisions of this § 115.3 amended January 17, 2003, effective January 18, 2003, 33 Pa.B. 346. Immediately preceding text appears at serial pages (281726) and (256121).

Notation

Authority

The provisions of this § 115.3 amended under sections 206, 506, 1501 and 1502 of The Administrative Code of 1929 (71 P. S. § § 66, 186, 411 and 412); and the act of December 20, 1983 (P. L. 260, No. 72) (63 P. S. § § 1601—1608).