House Bill 232

Actions | Amendments
Last Action 03/17/23: signed by Governor (Acts Ch. 11)
Title AN ACT relating to insurance adjusters.
Bill Documents Acts Chapter 11
Current/Final
Introduced
Bill Request Number 1207
Sponsors R. Duvall, M. Meredith, D. Bentley
Summary of Original Version Amend KRS 304.9-430 and 304.9-433 to increase the minimum financial responsibility requirements for independent, staff, and public adjuster licenses; amend the definition of "home state"; establish requirements for public adjuster contracts with insureds; make technical corrections; create new sections of Subtitle 9 of KRS Chapter 304 to establish requirements for public adjusters relating to notice rights, inspection and investigation of claims, and conflicts of interest; establish requirements relating to funds received, accepted, or held by public adjusters; establish fee requirements for public adjusters; amend KRS 304.9-440 to establish additional penalties for public adjusters and public adjuster apprentices; provide that the commissioner may promulgate administrative regulations necessary for or as an aid to the effectuation of any provision of the Act.
Index Headings of Original Version Insurance - Adjusters, regulatory requirements
Licensing - Insurance, insurance adjusters
State Agencies - Department of Insurance, administrative regulations, insurance adjusters
Technical Corrections - Insurance adjusters
Administrative Regulations and Proceedings - Commissioner, Department of Insurance, insurance adjusters
Contracts - Insurance, public adjusters, requirements
Jump to Proposed Amendments House Committee Substitute 1
Senate Committee Substitute 1
Senate Floor Amendment 1
Senate Floor Amendment 2
Senate Floor Amendment 3
Votes Vote History

Actions

Top | Amendments
02/09/23
  • introduced in House
  • to Committee on Committees (H)
02/14/23
  • to Banking & Insurance (H)
02/22/23
  • reported favorably, 1st reading, to Calendar with Committee Substitute (1)
02/23/23
  • 2nd reading, to Rules
02/24/23
  • posted for passage in the Regular Orders of the Day for Tuesday, February 28, 2023
02/28/23
  • 3rd reading, passed 95-2 with Committee Substitute (1)
03/01/23
  • received in Senate
  • to Committee on Committees (S)
03/03/23
  • to Banking & Insurance (S)
03/07/23
  • reported favorably, 1st reading, to Calendar with Committee Substitute (1)
03/08/23
  • 2nd reading, to Rules
  • floor amendment (1) filed to Committee Substitute , floor amendment (2) filed to bill
  • posted for passage in the Regular Orders of the Day for Friday, March 10, 2023
03/10/23
  • passed over and retained in the Orders of the Day
03/13/23
  • floor amendment (3) filed to Committee Substitute
  • passed over and retained in the Orders of the Day
03/14/23
  • 3rd reading
  • Floor Amendments (1) and (2) withdrawn
  • passed 35-0-1 with Committee Substitute (1) and Floor Amendment (3)
03/15/23
  • received in House
  • to Rules (H)
  • posted for passage for concurrence in Senate Committee Substitute (1) and Floor Amendment (3)
  • House concurred in Senate Committee Substitute (1) and Floor Amendment (3)
  • passed 95-2
03/16/23
  • enrolled, signed by Speaker of the House
  • enrolled, signed by President of the Senate
  • delivered to Governor
03/17/23
  • signed by Governor (Acts Ch. 11)

Proposed Amendments

Top | Actions
Amendment House Committee Substitute 1
Summary Retain original provisions, except provide that a public adjuster may charge a reasonable fee not to exceed 10% of the total insurance recovery of the insured; make technical corrections.
Index Headings Fees - Insurance, public adjusters, requirements
Insurance - Public adjuster, fees
Technical Corrections - Insurance, public adjusters, requirements

Amendment Senate Committee Substitute 1
Summary Retain original provisions, except provide that certain language is not to be construed to prohibit a public adjuster from being copied on direct correspondence; require a reasonable request by an insurer before a public adjuster or insured is required to allow the insurer access to property without the participation or presence of the public adjuster or insured; delete language relating to acceptance of funds; delete language relating to submitting funds for collection; establish a maximum fee of 15% of the total insurance recovery of the insured for noncatastrophic claims.
Index Headings Insurance - Adjusters, regulatory requirements
Licensing - Insurance, adjusters
Administrative Regulations and Proceedings - Department of Insurance, Commissioner, insurance adjusters
Contracts - Insurance, public adjusters, requirements

Amendment Senate Floor Amendment 1
Sponsor P. Wheeler
Summary Establish maximum fees for public adjusters relating to noncatastrophic claims.
Index Headings Contracts - Insurance, public adjusters
Fees - Insurance, public adjusters, requirements
Insurance - Public adjusters, fees

Amendment Senate Floor Amendment 2
Sponsor P. Wheeler
Summary Establish maximum fees for public adjusters relating to noncatastrophic claims.
Index Headings Contracts - Insurance, public adjusters
Fees - Insurance, public adjusters, requirements
Insurance - Public adjuster, fees

Amendment Senate Floor Amendment 3
Sponsor J. Howell
Summary Allow the commissioner of the Department of Insurance to approve public adjuster contract forms that allow the adjuster to be compensated for services performed prior to the execution of a written contract in emergency circumstances; require a public adjuster to be copied on correspondence with the insured relating to a claim; require an insured to allow the insurer to have access to property without the presence or participation of a public adjuster in certain circumstances.
Index Headings Contracts - Public adjusters, requirements
Insurance - Public adjusters, regulatory requirements

Last updated: 11/9/2023 3:03 PM (EST)