EXECUTIVE
ORDER
NO.
93-26
WHEREAS, a natural disaster of major proportions has occurred within this state which poses an immediate danger to the public health, safety and welfare of the citizens of this state; and
WHEREAS, registration of persons who adjust insutance claims arising from the recent floods is necessaryu to protect the public from unscrupulous persons who might take advantage of the devastating property losses from the flood;
NOW, THEREFORE, I, Mel Carnahan, Governor of the State of Missouri, by virtue of the authroity vested in me by the Constitution and laws of the State of Missouri, do hereby order that the folllowing requirements shall apply to all persons adjusting flood related insurance claims:
- No
person
may
engage
or
solicit
an
engagement
in
the
adjustment
or
settlement
of
a
claim
or
an
insurance
policy
or
contract
for
loss
or
damage
to
property
arising
from
any
flood
occurring
during
1993,
unless
such
person
has
registered
with
the
Missouri
Department
of
Insurance.
No
person
neeed
be
registered
if
such
person
is
adjusting
or
settling
his
or
her
own
insurance
policy
claim
or
the
insurance
claim
of
an
immediate
family
member
for
no
compensation.
- The
Missouri
Department
of
Insurance
shall
maintain
a
registry
of
all
individuals
who
perform
services
for
the
adjustment
or
settlement
of
claims
referenced
in
Section
(1)
of
this
rule.
Such
individual
shall
file
with
the
Missouri
Department
of
Insurance
a
registration
statement
on
a
form
provided
by
the
department.
No
filing
fee
is
required.
- Upon
registration,
the
Missouir
Department
of
Insurance
shall
issue
an
identification
card.
Any
individual
proposing
to
perform
adjustment
or
settlement
services
referenced
in
Section
(1)
shall
exhibit
the
identification
card
to
any
prospective
client.
- No
person
requried
to
register
under
this
rule
shall
receive
as
consideration
for
such
adjusting
or
settling
more
than
(10%)
of
the
amount
paid
by
the
insurance
company
with
respect
to
such
claim.
No
person
requried
to
register
under
this
rule
shall
require
the
policyholder
or
claimant
to
pay
a
fee
in
advance
of
the
payment
of
the
insurance
company
with
respect
to
the
claim.
- Failure
to
comply
with
this
regulation
shall
subject
the
individual
to
those
penalties
stated
in
Section
44.130,
RSMo,
and
to
any
applicable
licensing
discipline
pursuant
to
Sections
325.035
and
375.141,
RSMo.
| IN WITNESS WHEREOF, I have hereunto set my hand and caused to be affixed the Great Seal of the State of Missouri, in the City of Jefferson, on this 5th day of August, 1993. |
| [Mel Carnahan's signature] | GOVERNOR |
ATTEST:
[Judith K. Moriarty's signature]
SECRETARY OF STATE
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