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 insurance claims arising from the recent floods is necessary 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 authority vested in me by the Constitution and laws of the State of Missouri, do hereby order that the following 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 need 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 Missouri 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 required 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 required 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]
[Judith K. Moriarty's signature]
SECRETARY OF STATE
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