Current state Code requires a Georgia public adjuster bond from all parties that wish to adjust insurance losses. “Public adjuster” is defined in GA §33-23-1 as any person who solicits, advertises for, or otherwise agrees to represent a person who is insured under a policy covering fire, windstorm, water damage, and other physical damage to real and personal property other than vehicles licensed for the road, such representation being limited to the settlement of a claim or claims under the policy for damages to real and personal property, including related loss of income and living expense losses but excluding claims arising out of any motor vehicle accident. The Georgia public adjuster bond is required under §33-23-6, which simply states, “In addition to other applicable provisions of this chapter, an applicant for a public adjuster’s license must have previously filed a bond as required by rule or regulation of the Commissioner.” In order to understand the obligation it is necessary to review Rule 120-2-3-.18. The Georgia public adjuster bond must be written in the amount of five thousand dollars ($5,000). The surety bond must be written in favor of the Commissioner and shall be contingent upon: (a) Proper accounting for any monies; (b) Proper reporting to any principal; (c) Payment to the Commissioner of any fees or administrative fines. The Georgia public adjuster bond must be continuous in nature. Pursuant to the Commissioner’s Rule, release of the surety bond is contingent upon the lapse of five (5) years following the termination of the license requiring the bond or replacement by another surety bond which covers any unreported acts or claims occurring during the term of the previous one. So, according to the “Rule” the Georgia public adjuster bond is purportedly “uncancelable”. The surety bond FORM however states that the surety has the right to cancel the obligation at any time by a written notice, stating when the cancellation is take effect, and served on or sent by registered mail to the Commissioner at least 60 days prior to the date that the cancellation become effective. Based on the general rule that the surety’s obligation cannot be extended beyond the strict language of the bond form, it is fairly safe to assume cancelability. The form is devoid of forfeiture or cumulative language.
Georgia surety leader, Surety One, Inc. will issue this class of surety bond for ALL applicants, regardless of credit condition. Do you operate in multiple states? We offer these in EVERY state where independent adjuster bonds and public adjuster bonds are required. Visit us at SuretyOne.com, call (787) 333-0222 or (800) 373-2804, or email Underwriting@SuretyOne.com for a Georgia public adjuster bond application or further information about surety bonding.
