The Public Adjuster Contract serves as the foundational document for establishing a professional relationship between a licensed public adjuster and their client in England and Wales. This contract is essential when policyholders require expert assistance in evaluating and negotiating insurance claims, particularly in complex cases involving significant losses. The agreement details the adjuster's authority to act on behalf of the policyholder, compensation arrangements, and compliance with UK regulatory requirements, including FCA regulations and data protection laws.
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1. Parties: Identification and details of the public adjuster and client
2. Background: Context of the agreement and brief description of services
3. Definitions: Key terms used throughout the agreement including regulatory references
4. Scope of Services: Detailed description of adjuster services and obligations under FSMA and Insurance Act requirements
5. Appointment and Authority: Terms of appointment and extent of adjuster's authority to act on behalf of the client
6. Fees and Payment Terms: Compensation structure, payment conditions, and transparency requirements under FCA rules
7. Duties and Responsibilities: Specific obligations of both parties including regulatory compliance requirements
8. Term and Termination: Duration of agreement and termination provisions including cooling-off periods if applicable
9. Confidentiality: Protection of sensitive information and trade secrets
10. Data Protection: GDPR compliance and data handling procedures under Data Protection Act 2018
11. Professional Indemnity: Insurance requirements and liability provisions
12. Dispute Resolution: Procedures for handling disputes including FCA complaint procedures
13. General Provisions: Standard boilerplate clauses including governing law and jurisdiction
1. Consumer Rights: Additional protections required under Consumer Rights Act 2015 and Consumer Insurance Act 2012 when client is a consumer
2. International Services: Additional provisions for cross-border services and international claims handling
3. Anti-Money Laundering: Specific provisions related to AML compliance under Money Laundering Regulations 2017
4. Third Party Rights: Provisions under Contracts (Rights of Third Parties) Act 1999 if applicable
1. Schedule 1 - Fee Structure: Detailed breakdown of fees, charges, and commission structures
2. Schedule 2 - Service Level Agreement: Specific performance metrics, response times, and service standards
3. Schedule 3 - Data Processing Agreement: Detailed GDPR compliance procedures and data protection obligations
4. Schedule 4 - Professional Qualifications: Certificates, credentials, and regulatory authorizations of the adjuster
5. Schedule 5 - Claims Handling Procedures: Detailed procedures for claims assessment and negotiation
6. Appendix A - Regulatory Disclosures: Required FCA disclosures and regulatory statements
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Public Adjuster Contract
A legally binding agreement under England and Wales law establishing terms for public adjuster services in insurance claim representation.
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